S T A T E O F N E W Y O R K
________________________________________________________________________
5997
2017-2018 Regular Sessions
I N A S S E M B L Y
February 21, 2017
___________
Introduced by M. of A. GARBARINO -- read once and referred to the
Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to test-
ing of pesticides and other substances
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Title 24 of article 27 of the environmental conservation
law is amended by adding a new section 27-2407 to read as follows:
§ 27-2407. DUTY OF THE COMMISSIONER AND DEPARTMENT TO TEST WASTE.
UPON INVESTIGATION OF ANY COMPLAINT OF A VIOLATION OF THIS ARTICLE,
THE COMMISSIONER SHALL ENSURE THAT A TEST SAMPLE OF ANY SUBSTANCE WRONG-
LY EXPOSED TO A PERSON SHALL BE COLLECTED FOR PURPOSES OF IDENTIFICA-
TION. THE COMMISSIONER SHALL IMMEDIATELY DISCLOSE TO THE PERSON ANY
INFORMATION DISCOVERED DURING THE INVESTIGATION THAT MAY BE RELEVANT TO
SUCH PERSON'S HEALTH AND SAFETY.
§ 2. Section 33-0303 of the environmental conservation law is amended
by adding a new subdivision 8 to read as follows:
8. UPON INVESTIGATION OF ANY COMPLAINT OF A VIOLATION OF THIS ARTICLE,
THE COMMISSIONER SHALL ENSURE THAT A TEST SAMPLE OF ANY PESTICIDE WRONG-
LY EXPOSED TO A PERSON SHALL BE COLLECTED FOR PURPOSES OF IDENTIFICA-
TION. THE COMMISSIONER SHALL IMMEDIATELY DISCLOSE TO THE PERSON ANY
INFORMATION DISCOVERED DURING THE INVESTIGATION THAT MAY BE RELEVANT TO
SUCH PERSON'S HEALTH AND SAFETY.
§ 3. Section 35-0107 of the environmental conservation law is amended
by adding a new subdivision 4 to read as follows:
4. UPON INVESTIGATION OF ANY COMPLAINT OF A VIOLATION OF THIS ARTICLE,
THE COMMISSIONER SHALL ENSURE THAT A TEST SAMPLE OF ANY DETERGENT AND
ANY OTHER HOUSEHOLD CLEANSING PRODUCT WRONGLY EXPOSED TO A PERSON SHALL
BE COLLECTED FOR PURPOSES OF IDENTIFICATION. THE COMMISSIONER SHALL
IMMEDIATELY DISCLOSE TO THE PERSON ANY INFORMATION DISCOVERED DURING THE
INVESTIGATION THAT MAY BE RELEVANT TO SUCH PERSON'S HEALTH AND SAFETY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09663-01-7
A. 5997 2
§ 4. Title 1 of article 37 of the environmental conservation law is
amended by adding a new section 37-0102 to read as follows:
§ 37-0102. DUTY OF THE COMMISSIONER AND THE DEPARTMENT TO TEST
SUBSTANCES.
UPON INVESTIGATION OF ANY COMPLAINT OF A VIOLATION OF THIS ARTICLE,
THE COMMISSIONER SHALL ENSURE THAT A TEST SAMPLE OF ANY SUBSTANCE WRONG-
LY EXPOSED TO A PERSON SHALL BE COLLECTED FOR PURPOSES OF IDENTIFICA-
TION. THE COMMISSIONER SHALL IMMEDIATELY DISCLOSE TO THE PERSON ANY
INFORMATION DISCOVERED DURING THE INVESTIGATION THAT MAY BE RELEVANT TO
SUCH PERSON'S HEALTH AND SAFETY.
§ 5. This act shall take effect on the ninetieth day after it shall
have become a law.