Requires a municipality to notify the department of environmental conservation about certain sites containing illegal or hazardous substances; requires the department of environmental conservation to notify the United States environmental protection agency and create a remediation plan for the affected site.
S T A T E O F N E W Y O R K
________________________________________________________________________
11189
I N A S S E M B L Y
May 1, 2026
___________
Introduced by M. of A. GALLAHAN -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the general municipal law and the environmental conser-
vation law, in relation to the reporting and remediation of certain
sites following municipal notification to the department of environ-
mental conservation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general municipal law is amended by adding a new
section 120-dd to read as follows:
§ 120-DD. NOTIFICATION TO DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
UPON THE ADOPTION OF A RESOLUTION BY A MUNICIPAL CORPORATION IDENTIFYING
A PROPERTY WITHIN ITS JURISDICTION AS BEING IN VIOLATION OF ANY LOCAL
LAW, ORDINANCE, CODE, RULE OR REGULATION DUE TO THE STORAGE OF ILLEGAL
OR HAZARDOUS SUBSTANCES, SUCH MUNICIPAL CORPORATION SHALL NOTIFY THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
§ 2. The environmental conservation law is amended by adding a new
section 3-0323 to read as follows:
§ 3-0323. MUNICIPAL NOTIFICATION; FEDERAL REPORTING AND REMEDIATION.
1. WITHIN SIX WEEKS OF RECEIPT OF A NOTIFICATION MADE PURSUANT TO
SECTION ONE HUNDRED TWENTY-DD OF THE GENERAL MUNICIPAL LAW, THE DEPART-
MENT SHALL (A) NOTIFY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
ABOUT THE AFFECTED SITE AND (B) DEVELOP AND ISSUE A REMEDIATION PLAN FOR
SUCH SITE.
2. THE REMEDIATION PLAN SHALL INCLUDE THE PROPOSED ACTIONS OF THE
DEPARTMENT WITH RESPECT TO SECURING THE AFFECTED SITE, REMOVING ILLEGAL
OR HAZARDOUS SUBSTANCES, AND PROTECTING PUBLIC HEALTH, SAFETY AND THE
ENVIRONMENT. SUCH PLAN SHALL BE IMPLEMENTED AND COMMENCED NO LATER THAN
THE EXPIRATION OF THE SIX-WEEK PERIOD FOLLOWING NOTIFICATION PURSUANT TO
SUBDIVISION ONE OF THIS SECTION.
3. THE DEPARTMENT SHALL:
(A) PROVIDE THE AFFECTED MUNICIPALITY WITH A COPY OF THE REMEDIATION
PLAN AND INFORM SUCH MUNICIPALITY OF ALL ACTIONS TAKEN PURSUANT TO SUCH
PLAN, INCLUDING TIMELINES FOR IMPLEMENTATION AND COMPLETION; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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