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SECTION 3-0311*2
State agency environmental audits
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 3, TITLE 3
* § 3-0311. State agency environmental audits.

1. Each state agency as defined in subdivision five of this section
shall annually audit the environmental problems created by its
operations or the operations of contractors it has hired and over whom
it has exercised or is required to exercise direct oversight, acting in
fulfillment of their contracts. Such audit shall identify the extent to
which these operations are in violation of this chapter, or regulations
adopted thereunder. Each such state agency shall submit a report to the
department on or before April first of each year. The report shall:

a. describe:

(1) each identified violation, including the year each violation was
first reported to the department;

(2) the progress made in remedying any identified violations, and in
remedying the violations identified in the previous year's audit and the
past problems previously identified in the department's report dated
"January 1990" titled "Past Practices Assessment Report";

(3) disbursements to remedy individual violations or past problems
made during the previous year and disbursements recommended to be made
or made during the current fiscal year; and

(4) the steps being taken to assure future compliance with state laws
and regulations, including any new policies developed to address
patterns of violations identified by the audit.

b. rank each violation and past problem based on the threat each poses
to the public health or the environment, so that each is placed into one
of the following classifications:

(1) presents an imminent substantial threat to the public health or
the environment;

(2) presents a potential substantial threat to the public health or
the environment;

(3) presents a discernible but not substantial threat to the public
health or the environment; or

(4) no evidence of discernible threat to the public health or the
environment.

c. include a remedial plan for the correction of all existing
identified violations and uncorrected past environmental problems
previously identified in the "Past Practices Assessment Report". Such
remedial plan shall specify:

(1) the actions the agency intends to take to remedy each violation or
problem;

(2) an estimate of the costs, if any, of bringing each violation or
problem into compliance, and a total cost estimate for remedying all
violations and uncorrected past problems; and

(3) a projected time schedule for remedying each violation or problem.

2. In addition to the audit prepared pursuant to subdivision one of
this section, each state agency shall report to the department any
violation of this chapter, or regulations adopted thereunder, that
presents an imminent substantial, potential substantial, or discernible
threat to the public health or the environment, which has been committed
on agency property by the agency's lessees or other persons and of which
the agency has become aware.

3. The department shall, before September first of each year, submit
an annual report to the governor, the director of the budget, the
temporary president of the senate, the speaker of the assembly, the
chairman of the senate environmental conservation committee, the
chairman of the assembly environmental conservation committee, the
chairman of the senate finance committee, the chairman of the assembly
ways and means committee, and the chairman of the assembly committee on
oversight, analysis and investigation.

The report shall include:

a. a summary of the major categories of violations or uncorrected past
problems previously identified in the "Past Practices Assessment Report"
dated January, nineteen hundred ninety;

b. a description of each violation or uncorrected past environmental
problem, including an indication of the year each violation was first
reported to the department and an identification of the rank as
determined by each agency, pursuant to paragraph (b) of subdivision one
of this section, with any reordering of rankings as determined by the
department;

c. a description of the progress made in remedying any reported
violations or past environmental problems, and in remedying the
violations identified in the previous year's audit, and a listing of
disbursements to remedy violations or past problems made during the
previous year and disbursements recommended to be made or made during
the current fiscal year;

d. a description of enforcement efforts which the department has
completed to remedy violations noted in the current or previous year's
audit report, including whether the department has taken administrative,
civil, or criminal enforcement actions;

e. if the department and the agency have entered into a consent decree
regarding the violation or problem, the date the violation or problem
was first identified by the department; the date the consent decree was
signed; the date by which, according to the consent decree, the
violation or problem is to be remedied; and if the remedy date has been
extended, the date such extension was granted and the revised remedy
date;

f. a description of each agency's remedial plan for the correction of
all existing identified violations and uncorrected past environmental
problems, specifying:

(1) the actions the agency intends to take to remedy each violation or
past problem;

(2) the agency's estimate of the costs, if any, of bringing each
violation or problem into compliance, and a total estimate for each
agency of the costs of remedying all violations and uncorrected past
problems; and

(3) the agency's projected time schedule for remedying each violation
or past problem;

g. a determination by the department of the adequacy of each agency's
proposed remedial plan:

(1) for violations and past problems that pose an imminent substantial
threat to the public health or the environment;

(2) for violations and past problems that pose a potential substantial
threat to the public health or the environment; or

(3) that the department has been required to review pursuant to
subdivision four of this section prior to the disbursement of any
appropriation for such purpose.

If the department determines that the agency's plan is inadequate, the
department shall provide a statement explaining this determination. No
determination of adequacy need be included in the report for remedial
plans that are the subject of a pending enforcement action or permit
proceeding. Remedial plans that are included as part of a completed
enforcement action or permit proceeding shall be deemed to have been
determined to be adequate; and

h. a listing of violations committed by lessees or other persons
reported by each state agency pursuant to subdivision two of this
section, and the actions the department has taken to cause each such
violation to be remedied.

i. The department may, at its discretion, include any of the
information listed in paragraphs (b) through (h) of this subdivision or
any additional appropriate material within appendices to the report.

4. Within its requested budget, each state agency shall set forth in
the aggregate all proposed appropriations for the purposes of remedying
its violations of the environmental conservation law or regulations
adopted thereunder. The amount requested to remedy each functional
category of violation as well as project specific information for each
functional category of violation shall also be set forth. A priority
criterion to be considered in determining such proposed appropriations
shall be the ranking of such violations as determined by the agency
pursuant to paragraph (b) of subdivision one of this section, with any
reordering of rankings as determined by the department. Amounts
appropriated shall be disbursed for remediation of the violation or
environmental problem only upon review and determination by the
department of the adequacy of the remedial plan for correction of any
such violation or environmental problem.

5. As used in this section, the term "state agency" or "agency" shall
mean:

a. each state department;

b. Division of Military and Naval Affairs, Division of State Police,
Division of Housing and Community Renewal, Division for Youth, Office of
General Services, Office of Parks, Recreation and Historic Preservation,
and State University of New York;

c. any other division, board, commission, office, or bureau of the
state which is required to obtain a permit or approval from the
department or which undertakes an activity for which it must register
with the department;

d. Albany Port District Commission, Battery Park City Authority,
Capital District Transportation Authority, Central New York Regional
Transportation Authority, Dormitory Authority of the State of New York,
Facilities Development Corporation, Metropolitan Transportation
Authority (including the operations of all of its operating units), New
York State Energy Research and Development Authority, New York State
Environmental Facilities Corporation, New York State Olympic Regional
Development Authority, New York State Thruway Authority, New York State
Urban Development Corporation, Niagara Frontier Transportation
Authority, Ogdensburg Bridge and Port Authority, Port Authority of New
York and New Jersey, Port of Oswego Authority, Power Authority of the
State of New York, Rochester-Genesee Regional Transportation Authority;
and

e. any other major agency, public authority or public benefit
corporation which performs a state function and which is identified by
the commissioner for the purpose of complying with this section.

6. On or before February fifteenth, nineteen hundred ninety-two and
thereafter as may be necessary, the department shall develop guidelines
for the preparation of environmental audits by state agencies and for
the ranking of violations and problems based on the threat each poses to
the public health or the environment, pursuant to paragraph (b) of
subdivision one of this section.

* NB There are 2 § 3-0311's