S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    904
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced by M. of A. L. ROSENTHAL, COLTON -- read once and referred to
   the Committee on Environmental Conservation
 
 AN  ACT  to amend the environmental conservation law, in relation to the
   creation of the toxics information clearinghouse
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 37 of the environmental conservation law is amended
 by adding a new title 4 to read as follows:
                                  TITLE IV
                      TOXIC INFORMATION CLEARINGHOUSE
 SECTION 37-0401. TOXIC INFORMATION CLEARINGHOUSE.
 § 37-0401. TOXIC INFORMATION CLEARINGHOUSE.
   1.  SUBSTANCES  HAZARDOUS  TO PUBLIC HEALTH, SAFETY OR THE ENVIRONMENT
 THAT HAVE BEEN IDENTIFIED OR LISTED AS A HAZARDOUS WASTE IN  REGULATIONS
 PROMULGATED  PURSUANT  TO SECTION 27-0903 OF THIS CHAPTER AND SUBSTANCES
 THAT APPEAR ON THE LIST IN REGULATIONS PROMULGATED PURSUANT TO PARAGRAPH
 (A) OF SUBDIVISION ONE OF SECTION 37-0103 OF THIS ARTICLE SHALL BE POST-
 ED ON A WEBSITE ESTABLISHED AND MAINTAINED BY THE DEPARTMENT  AND  SHALL
 BE ACCESSIBLE TO THE PUBLIC.
   2.  THE WEBSITE ESTABLISHED AND MAINTAINED PURSUANT TO SUBDIVISION ONE
 OF THIS SECTION SHALL PROVIDE CHEMICAL HAZARD TRAITS  AND  ENVIRONMENTAL
 AND  TOXICOLOGICAL  END-POINT DATA OF THE SUBSTANCES IDENTIFIED IN REGU-
 LATION.
   3. THE DEPARTMENT SHALL CONSULT WITH OTHER STATES, THE FEDERAL GOVERN-
 MENT, AND OTHER NATIONS TO IDENTIFY AVAILABLE  DATA  RELATED  TO  HAZARD
 TRAITS AND THE ENVIRONMENTAL AND TOXICOLOGICAL END-POINTS.
   4.  THIS  TITLE  SHALL  NOT LIMIT OR BE CONSTRUED TO LIMIT THE DEPART-
 MENT'S OR ANY OTHER AGENCY'S EXISTING AUTHORITY OVER  HAZARDOUS  MATERI-
 ALS.
   §  2.  Section 37-0307 of the environmental conservation law, as added
 by chapter 663 of the laws of 1994, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03327-01-9

 A. 904                              2
 
 § 37-0307. Availability of information.
   1. The release forms required under this title are intended to provide
 information to government agencies and the public, including citizens of
 communities  surrounding  covered  facilities. The release form shall be
 available to inform persons about releases of  toxic  chemicals  to  the
 environment;  to  assist  government  agencies,  researchers,  and other
 persons in the conduct of research and data gathering;  to  aid  in  the
 development  of  appropriate regulations, guidelines, and standards; and
 for similar purposes. Each  release  form  shall  be  printed  out  upon
 request  and  made  available during normal working hours to the general
 public at the main office of the department and at the  regional  office
 that encompasses the region in which the facility is located.
   2.  [The  commissioner  shall maintain in a computer data base a toxic
 chemical inventory based on data submitted to the commissioner  pursuant
 to  this  title.  Such  data  shall  be made available upon request as a
 printout and diskette, as per request.
   3.] By December thirty-first of  each  year,  the  commissioner  shall
 issue  a  written  report  that  shall  be available at no charge to the
 public in which the information  compiled  pursuant  to  this  title  is
 summarized for each facility subject to the provisions of this title.
   § 3. This act shall take effect twenty-four months after it shall have
 become  a  law.  The  commissioner  of  environmental conservation shall
 promulgate any and all rules and regulations and take any other measures
 necessary to implement this act on or before such effective date.