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Assembly Bill A10953

2017-2018 Legislative Session

Relates to public access to recordkeeping related to environmental permits

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Archive: Last Bill Status - In Assembly Committee

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2017-A10953 (ACTIVE) - Details

Current Committee:
Assembly Ways And Means
Law Section:
Environmental Conservation Law
Laws Affected:
Add §3-0121, En Con L

2017-A10953 (ACTIVE) - Summary

Relates to public access to recordkeeping related to environmental permits; provides that where record holders keep records pursuant to compliance with the requirements of the environmental conservation law, the department of environmental conservation shall make such records available to the public upon request in accordance with the provisions of the freedom of information law and the regulations promulgated thereunder.

2017-A10953 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10953
 
                           I N  A S S E M B L Y
 
                               May 29, 2018
                                ___________
 
 Introduced  by  M.  of  A.  PELLEGRINO  -- read once and referred to the
   Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   public access to recordkeeping related to environmental permits
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The environmental conservation law is amended by  adding  a
 new section 3-0121 to read as follows:
 § 3-0121. PUBLIC ACCESS TO RECORDKEEPING.
   1.  AS USED IN THIS SECTION, "RECORD HOLDER" SHALL MEAN (A) ANY HOLDER
 OF A PERMIT, CERTIFICATE, LICENSE OR OTHER FORM OF  DEPARTMENT  APPROVAL
 IN CONNECTION WITH THE FOLLOWING PROVISIONS OF THIS CHAPTER:
   (I)  ANY REGULATORY PROGRAM IDENTIFIED IN SUBDIVISION THREE OF SECTION
 70-0107;
   (II) TITLES THREE AND THIRTEEN OF ARTICLE TWENTY-THREE;
   (III) ARTICLE THIRTY-THREE;
   (IV) ARTICLE THIRTY-FIVE;
   (V) ARTICLE THIRTY-SEVEN; AND
   (VI) ARTICLE FORTY; AND
   (B) ANY OTHER PERSON OR ENTITY TO  THE  EXTENT  THAT  SUCH  PROVISIONS
 REQUIRE  SUCH  PERSON OR ENTITY TO MAINTAIN RECORDS AND MAKE THEM AVAIL-
 ABLE TO THE DEPARTMENT FOR AUDIT OR INSPECTION UPON REQUEST.
   2. WHERE RECORD HOLDERS KEEP RECORDS PURSUANT TO COMPLIANCE  WITH  THE
 REQUIREMENTS  OF  THIS  CHAPTER,  THE DEPARTMENT SHALL MAKE SUCH RECORDS
 AVAILABLE TO THE PUBLIC UPON REQUEST IN ACCORDANCE WITH  THE  PROVISIONS
 OF  THE STATE FREEDOM OF INFORMATION LAW AND THE REGULATIONS PROMULGATED
 THEREUNDER. RECORD HOLDERS SHALL SUBMIT THE RECORDS REQUIRED  TO  COMPLY
 WITH  THE  REQUEST  WITHIN SIXTY WORKING DAYS OF WRITTEN NOTIFICATION BY
 THE DEPARTMENT OF RECEIPT OF THE REQUEST.
   3. FOR FACILITIES SUBJECT TO SECTION  19-0311  OF  THIS  CHAPTER,  THE
 DEPARTMENT  SHALL  MAKE  AVAILABLE TO THE PUBLIC ANY PERMIT APPLICATION,
 COMPLIANCE PLAN, PERMIT, AND  MONITORING  AND  COMPLIANCE  CERTIFICATION
 REPORT, EXCEPT FOR INFORMATION ENTITLED TO CONFIDENTIAL TREATMENT PURSU-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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