Bill Text: NY A09219 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to notice of public hearings relating to the adoption of rules and regulations.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2016-11-04 - signed chap.412 [A09219 Detail]

Download: New_York-2015-A09219-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9219
                   IN ASSEMBLY
                                    February 4, 2016
                                       ___________
        Introduced  by M. of A. ZEBROWSKI, ENGLEBRIGHT -- read once and referred
          to the Committee on Environmental Conservation
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          notice  of public hearings relating to the adoption of rules and regu-
          lations
          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 2 of section 3-0301 of the envi-
     2  ronmental  conservation law, as amended by section 44 of part D of chap-
     3  ter 60 of the laws of 2012, is amended to read as follows:
     4    a. Adopt, amend or repeal environmental standards, criteria and  those
     5  rules  and  regulations  having  the  force  and effect of standards and
     6  criteria to carry out the purposes and provisions of this act. Any  such
     7  environmental  standard, criterion, rule or regulation or change thereto
     8  shall become effective thirty days after being filed with the  Secretary
     9  of  State  for publication in the "Official Compilation of Codes, Rules,
    10  and Regulations of the State of New York" published pursuant to  section
    11  102  of  the Executive Law. This provision shall not in any way restrict
    12  the commissioner in the exercise of any function, power or  duty  trans-
    13  ferred  to  him  or her and heretofore authorized to be exercised by any
    14  other department acting through its commissioner to  promulgate,  adopt,
    15  amend  or  repeal any standards, rules and regulations. No such environ-
    16  mental standards, criterion, rule or regulation or change thereto  shall
    17  be proposed for approval unless a public hearing relating to the subject
    18  of  such  standard  shall  be held by the commissioner prior thereto not
    19  less than [30] 45 days after date of notice therefor, any  provision  of
    20  law  to  the  contrary  notwithstanding. Notice shall be given by public
    21  advertisement of the date, time, place and purpose of such hearing.
    22    § 2. Subdivision 1 of section 19-0303 of the  environmental  conserva-
    23  tion  law,  as amended by chapter 469 of the laws of 1974, is amended to
    24  read as follows:
    25    1. A code, rule or regulation or any amendment or repeal thereof shall
    26  not be adopted until after a public hearing within the area of the state
    27  concerned. Notice of such hearing  shall  be  given  at  least  [thirty]
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13686-01-6