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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2002
                              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
       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.  Subdivision  1  of  section  70-0107 of the environmental
    2  conservation law, as added by chapter  723  of  the  laws  of  1977,  is
    3  amended to read as follows:
    4    1.  The  department, after public hearing, shall adopt rules and regu-
    5  lations to assure the efficient and expeditious administration  of  this
    6  article.  Such rules and regulations shall include but not be limited to
    7  provisions  regarding  notice,  review,  public participation and public
    8  hearings. IN ADDITION TO BEING PLACED IN A PUBLICATION OF GENERAL CIRCU-
    9  LATION IN THE COUNTY OR BOROUGH IN WHICH THE PROJECT IS LOCATED,  OR  IN
   10  MORE THAN ONE PUBLICATION IF APPROPRIATE, WHERE ONE OR MORE PUBLICATIONS
   11  OF  LESS  THAN  COUNTY-WIDE CIRCULATION EXIST IN THE PROJECT AREA NOTICE
   12  SHALL BE PLACED IN AT LEAST ONE SUCH PUBLICATION, AND IN A PROJECT  AREA
   13  WHERE  TWENTY-FIVE  PERCENT  OR  MORE  OF  THE POPULATION IS NON-ENGLISH
   14  SPEAKING, NOTICE SHALL ALSO BE PLACED IN AT LEAST ONE PUBLICATION  WHICH
   15  IS WIDELY CIRCULATED IN THE AREA PRINTED IN SUCH LANGUAGE.
   16    S 2. Paragraph (a) of subdivision 1 of section 70-0109 of the environ-
   17  mental conservation law, as added by chapter 723 of the laws of 1977, is
   18  amended to read as follows:
   19    (a)  On or before fifteen calendar days after the receipt of an appli-
   20  cation for a permit which has been filed in  a  manner  and  in  a  form
   21  prescribed  by  the department, the department shall mail written notice
   22  to the applicant of its determination whether or not the application  is
   23  complete  AND SHALL PUBLISH A LISTING IN THE ENVIRONMENTAL NOTICE BULLE-
   24  TIN THAT SUCH APPLICATION, WHETHER OR NOT COMPLETE, HAS BEEN SUBMITTED.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00697-01-5
       A. 2002                             2
    1    S 3. Subdivision 1 of section 70-0109 of the  environmental  conserva-
    2  tion law is amended by adding a new paragraph (f) to read as follows:
    3    (F)  A  MEMBER  OF  THE  PUBLIC, UPON REQUEST IN WRITING, SHALL BE (I)
    4  GIVEN ACCESS TO ALL CORRESPONDENCE BETWEEN THE APPLICANT AND THE DEPART-
    5  MENT EXCEPT FOR TRADE SECRETS OR MATERIAL MAINTAINED FOR THE  REGULATION
    6  OF  COMMERCIAL  ENTERPRISE  WHICH  IF  DISCLOSED WOULD CAUSE SUBSTANTIAL
    7  INJURY TO THE COMPETITIVE POSITION OF THE APPLICANT, AND  (II)  INFORMED
    8  ABOUT PRE-APPLICATION CONFERENCES OR MEETINGS BETWEEN THE DEPARTMENT AND
    9  ANY  APPLICANT AND MAY ATTEND WITHOUT PARTICIPATING IN THOSE IN WHICH HE
   10  OR SHE HAS AN INTEREST.
   11    S 4. Paragraph (a) of subdivision 2 of section 70-0109 of the environ-
   12  mental conservation law, as amended by chapter 285 of the laws of  1990,
   13  is amended to read as follows:
   14    (a)  Immediately upon determining that an application is complete, the
   15  department shall cause a notice of application to be  published  in  the
   16  next  available  environmental  notice bulletin which shall be not later
   17  than ten calendar days after the date of such determination and not less
   18  than once during the fifteen calendar day period following such determi-
   19  nation in a newspaper having general circulation in the  area  in  which
   20  the  project  is proposed to be located, and shall provide notice to the
   21  chief executive officer of  each  municipality  in  which  the  proposed
   22  project is located, and may direct the applicant to provide such reason-
   23  able  notice and opportunity for comment to the public as the department
   24  deems appropriate. IN NO CASE SHALL THE PUBLIC COMMENT  PERIOD  BE  LESS
   25  THAN  TWENTY  DAYS  FROM  DATE  OF  PUBLICATION, OR FORTY-FIVE DAYS IF A
   26  LEGISLATIVE HEARING OR PUBLIC HEARING IS SCHEDULED.  IF  NO  HEARING  IS
   27  SCHEDULED  AND A MEMBER OF THE PUBLIC REQUESTS DURING THE COMMENT PERIOD
   28  THAT A LEGISLATIVE OR PUBLIC HEARING BE HELD, THE COMMENT  PERIOD  SHALL
   29  BE  EXTENDED  AN  ADDITIONAL THIRTY DAYS FROM DATE OF PUBLICATION IN THE
   30  ENVIRONMENTAL NOTICE BULLETIN OF NOTICE THAT SUCH  A  REQUEST  HAS  BEEN
   31  MADE. Newspaper publications shall be provided by the applicant.
   32    S  5.  This  act  shall take effect on the sixtieth day after it shall
   33  have become a law.