NY State Senate Bill S6729

Archive: Last Bill Status Via A9219 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (11)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 04, 2016	signed chap.412
Oct 26, 2016	delivered to governor
Jun 08, 2016	returned to assembly passed senate 3rd reading cal.1333 substituted for s6729
Jun 08, 2016	substituted by a9219
Jun 06, 2016	advanced to third reading
Jun 02, 2016	2nd report cal.
Jun 01, 2016	1st report cal.1333
Feb 10, 2016	referred to environmental conservation

Votes

S6729 (ACTIVE) - Details

See Assembly Version of this Bill:: A9219
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§3-0301, 19-0303, 27-0705, 35-0109 & 37-0105, En Con L

S6729 (ACTIVE) - Summary

Relates to notice of public hearings relating to the adoption of rules and regulations.

S6729 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S6729

 TITLE OF BILL :

An act to amend the environmental conservation law, in relation to
notice of public hearings relating to the adoption of rules and
regulations

 PURPOSE :

This bill increases the period for prior notice of public hearings
relating to proposed rules and regulations on significant
environmental matters (such as air pollution control and solid waste
management) from 30 to 45 days, in order to provide the public with
the same opportunity to comment that currently applies for other
regulations for which hearings are required.

 SUMMARY OF PROVISIONS :

The following provisions of the Environmental Conservation Law (ECL)
are amended in relation to the time period for prior notice of public
hearings on proposed rules and regulations. In each case the minimum
time period is changed from thirty (30) days to forty-five (45) days
for prior notice of public hearings for the adoption of regulations.
The amended provisions are:

Bill § 1: ECL § 3-0301(2)(a) - any "environmental standards, criteria,
and those rules and regulations having the force and effect of
standards and criteria" (general rule-making authority).

Bill § 2: ECL § 19-0303(1) - any code, rule or regulation concerning
air pollution control.

Bill§ 3: ECL § 27-0705 - any rule or regulation concerning solid waste
management and resource recovery facilities.

Bill § 4: ECL § 35-0109(1) - regulations concerning labeling or
ingredients of detergents and other household cleansing products.

Bill § 5: ECL § 37-0105 - rules and regulations pertaining to the
storage and release to the environment of substances hazardous or
acutely hazardous to public health, safety or the environment.

 JUSTIFICATION :

Major environmental regulations represent significant actions that
merit greater scrutiny than other more routine regulatory proposals.
However, due to quirks in the law, some of the more important
regulations proposed by DEC actually offer less time for public input
than is the case for most other rules.

When the ECL was enacted in 1972, there was no State Administrative
Procedure Act (SAPA) and no standard minimum public comment period on
proposed agency rules. However, certain grants of rulemaking authority
in the ECL were deemed important enough to necessitate a 30-day
minimum period for prior notice of public hearings on rules and
regulations. These included regulations proposed pursuant to DEC's
general rulemaking authority as well as those for certain other
environmental regulatory programs in the ECL - those relating to air
pollution, solid waste management, household chemicals and hazardous
and acutely hazardous substances.

SAPA as originally enacted in 1975 required a minimum 21-day comment
period for any rule, unless a different time was specified in law.
This timeframe was increased to 30 days in 1979, and was extended to
45 days in 1987 because the 30-day minimum comment period was felt to
be insufficient for the average rulemaking. However, the 30-day
minimum periods in the ECL were overlooked at that time.

In recent years, DEC has proposed several major rules under these
shortened periods, leaving the public with less time to review and
prepare comments on substantial regulatory undertakings than it would
have under the ordinary SAPA process. For example, the shorter 30-day
comment period has been used for rules on the following topics:

> a cap-and-trade emissions program for major generating facilities; >
sewage sludge incineration units;

> motor vehicle emissions inspections; and

> asphalt pavement and & asphalt based surface coatings.  No useful
purpose is served by providing the public with shorter comment periods
on proposed regulations on such technical and complex subjects. This
rule would update the minimum periods for public notice in the ECL to
be consistent with the timeframes for hearings on rules by other
agencies.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect on the thirtieth day after it shall have
become a law and shall apply to any rule or regulation proposed on or
after such a date.

S6729 (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6729

                            I N  S E N A T E

                            February 10, 2016
                               ___________

Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  notice  of public hearings relating to the adoption of rules and regu-
  lations

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph a of subdivision 2 of section 3-0301 of the envi-
ronmental  conservation law, as amended by section 44 of part D of chap-
ter 60 of the laws of 2012, is amended to read as follows:
  a. Adopt, amend or repeal environmental standards, criteria and  those
rules  and  regulations  having  the  force  and effect of standards and
criteria to carry out the purposes and provisions of this act. Any  such
environmental  standard, criterion, rule or regulation or change thereto
shall become effective thirty days after being filed with the  Secretary
of  State  for publication in the "Official Compilation of Codes, Rules,
and Regulations of the State of New York" published pursuant to  section
102  of  the Executive Law. This provision shall not in any way restrict
the commissioner in the exercise of any function, power or  duty  trans-
ferred  to  him  or her and heretofore authorized to be exercised by any
other department acting through its commissioner to  promulgate,  adopt,
amend  or  repeal any standards, rules and regulations. No such environ-
mental standards, criterion, rule or regulation or change thereto  shall
be proposed for approval unless a public hearing relating to the subject
of  such  standard  shall  be held by the commissioner prior thereto not
less than [30] 45 days after date of notice therefor, any  provision  of
law  to  the  contrary  notwithstanding. Notice shall be given by public
advertisement of the date, time, place and purpose of such hearing.
  S 2. Subdivision 1 of section 19-0303 of the  environmental  conserva-
tion  law,  as amended by chapter 469 of the laws of 1974, is amended to
read as follows:
  1. A code, rule or regulation or any amendment or repeal thereof shall
not be adopted until after a public hearing within the area of the state
concerned. Notice of such hearing  shall  be  given  at  least  [thirty]

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD13686-01-6

S. 6729                             2

FORTY-FIVE  days  prior  to  the scheduled date of the hearing by public
advertisement of the date, time, place and purpose of such  hearing.  At
such  hearing, opportunity to be heard by the department with respect to
the  subject thereof shall be given to the public. A code, rule or regu-
lation or an amendment or repeal  thereof  shall  not  become  effective
until  thirty  days after certified copies thereof shall have been filed
with the secretary of state. Any person heard at such hearing  shall  be
given written notice of the action of the department with respect to the
subject thereof.
  S  3.  Section 27-0705 of the environmental conservation law, as added
by chapter 399 of the laws of 1973 and as renumbered by chapter  425  of
the laws of 1977, is amended to read as follows:
S 27-0705. Adoption of rules and regulations; public hearings.
  A  rule  or regulation or any amendment or repeal thereof shall not be
adopted until after public hearing thereon. Notice of such hearing shall
be given at least [thirty] FORTY-FIVE days prior to the  scheduled  date
of  the  hearing  by  public  advertisement  in  the  area  of the state
concerned of the date, time, place and purpose of such hearing. At  such
hearing, opportunity to be heard shall be given to the public. A rule or
regulation  or an amendment or repeal thereof shall not become effective
until sixty days after certified copies thereof shall  have  been  filed
with the secretary of state.
  S  4.  Subdivision 1 of section 35-0109 of the environmental conserva-
tion law is amended to read as follows:
  1. Notice of public hearing shall be by publication in two  newspapers
most  likely to give notice to the people of this state of such hearings
at least once in each of three successive weeks, provided, however, that
notice of public hearing shall be given to the manufacturer or  manufac-
turers of such household cleansing products in writing, whenever practi-
cable  or  in  such  other  form  as in the commissioner's judgment will
reasonably notify such manufacturer of said hearing. Such hearing  shall
not  be  conducted less than [thirty] FORTY-FIVE days following the date
of first publication of notice of such hearing.
  S 5. Section 37-0105 of the environmental conservation law, as amended
by chapter 671 of the laws of 1986, is amended to read as follows:
S 37-0105. Rules and regulations.
  The department is hereby authorized  to  promulgate  rules  and  regu-
lations  pertaining  to  the  storage  and release to the environment of
substances hazardous or acutely hazardous to public  health,  safety  or
the  environment.  Such  rules  and regulations may require the users of
substances which may meet the criteria upon which the lists referred  to
in  paragraphs (a) and (b) of subdivision one of section 37-0103 of this
chapter are based to furnish to the department for the public record any
information regarding such substances which the said user may have,  and
the  nature and extent of research performed by said user concerning the
effects of such substances on human health and the environment.    Prior
to  promulgation  of  rules  and  regulations hereunder, public hearings
shall be held upon notice in two newspapers  in  the  locality  of  said
public hearings, at least two times per week in each of three successive
weeks.  Such  hearings  shall  be  conducted not less than [thirty (30)]
FORTY-FIVE (45) days following the date of last publication.
  S 6. This act shall take effect on the thirtieth day  after  it  shall
have  become a law and shall apply to any rule or regulation proposed on
or after such date.

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The New York State Senate

senate Bill S6729

Sponsored By

Archive: Last Bill Status Via A9219 - Signed by Governor

Your Voice

Actions

Votes

Jun 8, 2016 - floor Vote

Floor Vote: Jun 8, 2016

Jun 1, 2016 - Environmental Conservation committee Vote

Environmental Conservation Committee Vote: Jun 1, 2016

S6729 (ACTIVE) - Details

S6729 (ACTIVE) - Summary

S6729 (ACTIVE) - Sponsor Memo

S6729 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S6729

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Sponsored By

Terrence Murphy

Archive: Last Bill Status Via A9219 - Signed by Governor

Your Voice

Actions

Votes

Jun 8, 2016 - floor Vote

Floor Vote: Jun 8, 2016

Jun 1, 2016 - Environmental Conservation committee Vote

Environmental Conservation Committee Vote: Jun 1, 2016

S6729 (ACTIVE) - Details

S6729 (ACTIVE) - Summary

S6729 (ACTIVE) - Sponsor Memo

S6729 (ACTIVE) - Bill Text download pdf

Comments