Bill Text: NY A03257 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 3257 (Prior Session Legislation)

Introduced

Bill Title: Permits municipalities to grant exceptions to air pollution control requirements.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2013-04-30 - held for consideration in environmental conservation [A03257 Detail]

Download: New_York-2013-A03257-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3257
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 24, 2013
                                      ___________
       Introduced  by  M. of A. RABBITT, McDONOUGH, FINCH -- Multi-Sponsored by
         -- M. of A. TENNEY -- read once and referred to the Committee on Envi-
         ronmental Conservation
       AN ACT to amend the  environmental  conservation  law,  in  relation  to
         permitting municipalities to grant exceptions to air pollution control
         requirements
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 19-0709 of the environmental  conservation  law  is
    2  amended to read as follows:
    3  S 19-0709. Local laws, ordinances and regulations.
    4    1.  Any local laws, ordinances or regulations of any governing body of
    5  a county, city, town or village which are  not  inconsistent  with  this
    6  article  or with any code, rule or regulation which shall be promulgated
    7  pursuant to this article shall not be superseded by it, and  nothing  in
    8  this  article  or in any code, rule or regulation which shall be promul-
    9  gated pursuant to this article shall preclude the right of any governing
   10  body of a county, city, town or village to adopt local laws,  ordinances
   11  or  regulations which are not inconsistent with this article or with any
   12  code, rule or regulation which shall be  promulgated  pursuant  to  this
   13  article  provided,  however, that the exercise of such right by a county
   14  shall relate only to the area thereof outside any city, village or  area
   15  of  any town outside the village or villages therein during such time as
   16  such city, village or town has local  laws,  ordinances  or  regulations
   17  consistent  with this article or with any code, rule or regulation which
   18  shall be promulgated pursuant to this article. [Any] EXCEPT AS OTHERWISE
   19  PROVIDED IN SUBDIVISION TWO OF THIS SECTION, ANY local laws,  ordinances
   20  or  regulations  of a county, city, town or village which comply with at
   21  least the minimum applicable requirements set forth in any code, rule or
   22  regulation promulgated pursuant to this article shall be deemed consist-
   23  ent with this article or with any such code, rule or regulation.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05406-01-3
       A. 3257                             2
    1    2. A COUNTY, CITY, TOWN OR VILLAGE MAY PERMIT EXCEPTIONS TO ANY  CODE,
    2  RULE OR REGULATION PROMULGATED PURSUANT TO THIS ARTICLE UPON APPLICATION
    3  BY A RESIDENT ONLY AFTER COMPLETION OF AN ON-SITE INSPECTION.
    4    S 2. This act shall take effect immediately.