Bill Text: NY A02002 | 2015-2016 | General Assembly | Amended

New York Assembly Bill 2002 (Prior Session Legislation)

NY State Legislature page for A02002

Bill Title: Establishes requirements for notice, access to information and public comment period with respect to uniform procedures for pending environmental protection agency projects and regulation.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2016-01-06 - referred to environmental conservation [A02002 Detail]

Download: New_York-2015-A02002-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2002--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 13, 2015
                                      ___________
       Introduced  by M. of A. DINOWITZ, ROSENTHAL, COLTON, OTIS -- Multi-Spon-
         sored by -- M.  of A. LUPARDO, PERRY, RAMOS -- read once and  referred
         to   the   Committee   on   Environmental  Conservation  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN ACT to amend the  environmental  conservation  law,  in  relation  to
         uniform procedures
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (a) of subdivision 1 of section  70-0109  of  the
    2  environmental  conservation  law, as added by chapter 723 of the laws of
    3  1977, is amended to read as follows:
    4    (a) On or before fifteen calendar days after the receipt of an  appli-
    5  cation  for  a  permit  which  has  been filed in a manner and in a form
    6  prescribed by the department, the department shall mail  written  notice
    7  to  the applicant of its determination whether or not the application is
    8  complete AND SHALL PUBLISH A LISTING IN THE ENVIRONMENTAL NOTICE  BULLE-
    9  TIN THAT SUCH APPLICATION, WHETHER OR NOT COMPLETE, HAS BEEN SUBMITTED.
   10    S  2.  Subdivision 1 of section 70-0109 of the environmental conserva-
   11  tion law is amended by adding a new paragraph (f) to read as follows:
   12    (F) A MEMBER OF THE PUBLIC, UPON REQUEST  IN  WRITING,  SHALL  BE  (I)
   13  GIVEN ACCESS TO ALL CORRESPONDENCE BETWEEN THE APPLICANT AND THE DEPART-
   14  MENT  EXCEPT FOR TRADE SECRETS OR MATERIAL MAINTAINED FOR THE REGULATION
   15  OF COMMERCIAL ENTERPRISE WHICH  IF  DISCLOSED  WOULD  CAUSE  SUBSTANTIAL
   16  INJURY  TO  THE COMPETITIVE POSITION OF THE APPLICANT, AND (II) INFORMED
   17  ABOUT PRE-APPLICATION CONFERENCES OR MEETINGS BETWEEN THE DEPARTMENT AND
   18  ANY APPLICANT AND MAY ATTEND WITHOUT PARTICIPATING IN THOSE IN WHICH  HE
   19  OR SHE HAS AN INTEREST.
   20    S 3. Paragraph (a) of subdivision 2 of section 70-0109 of the environ-
   21  mental  conservation law, as amended by chapter 285 of the laws of 1990,
   22  is amended to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00697-02-5
       A. 2002--A                          2
    1    (a) Immediately upon determining that an application is complete,  the
    2  department  shall  cause  a notice of application to be published in the
    3  next available environmental notice bulletin which shall  be  not  later
    4  than ten calendar days after the date of such determination and not less
    5  than once during the fifteen calendar day period following such determi-
    6  nation  in  a  newspaper having general circulation in the area in which
    7  the project is proposed to be located, and shall provide notice  to  the
    8  chief  executive  officer  of  each  municipality  in which the proposed
    9  project is located, and may direct the applicant to provide such reason-
   10  able notice and opportunity for comment to the public as the  department
   11  deems  appropriate.  IN  ADDITION  TO  BEING  PLACED IN A PUBLICATION OF
   12  GENERAL CIRCULATION IN THE COUNTY OR BOROUGH IN  WHICH  THE  PROJECT  IS
   13  LOCATED,  OR  IN  MORE THAN ONE PUBLICATION IF APPROPRIATE, WHERE ONE OR
   14  MORE PUBLICATIONS OF LESS THAN  COUNTY-WIDE  CIRCULATION  EXIST  IN  THE
   15  PROJECT  AREA  NOTICE  SHALL BE PLACED IN AT LEAST ONE SUCH PUBLICATION,
   16  AND IN A PROJECT AREA WHERE TWENTY-FIVE PERCENT OR  MORE  OF  THE  POPU-
   17  LATION  IS NON-ENGLISH SPEAKING, NOTICE SHALL ALSO BE PLACED IN AT LEAST
   18  ONE PUBLICATION WHICH IS WIDELY CIRCULATED IN THE AREA PRINTED  IN  SUCH
   19  LANGUAGE. IN NO CASE SHALL THE PUBLIC COMMENT PERIOD BE LESS THAN TWENTY
   20  DAYS FROM DATE OF PUBLICATION, OR FORTY-FIVE DAYS IF A LEGISLATIVE HEAR-
   21  ING  OR  PUBLIC  HEARING  IS SCHEDULED. IF NO HEARING IS SCHEDULED AND A
   22  MEMBER OF THE PUBLIC REQUESTS DURING THE COMMENT PERIOD THAT A  LEGISLA-
   23  TIVE  OR PUBLIC HEARING BE HELD, THE COMMENT PERIOD SHALL BE EXTENDED AN
   24  ADDITIONAL THIRTY DAYS FROM DATE OF  PUBLICATION  IN  THE  ENVIRONMENTAL
   25  NOTICE  BULLETIN  OF NOTICE THAT SUCH A REQUEST HAS BEEN MADE. Newspaper
   26  publications shall be provided by the applicant.
   27    S 4. This act shall take effect on the sixtieth  day  after  it  shall
   28  have become a law.