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