Bill Text: NY A10953 | 2017-2018 | General Assembly | Introduced

New York Assembly Bill 10953 (Prior Session Legislation)

Introduced

Bill Title: Relates to public access to recordkeeping related to environmental permits; provides that where record holders keep records pursuant to compliance with the requirements of the environmental conservation law, the department of environmental conservation shall make such records available to the public upon request in accordance with the provisions of the freedom of information law and the regulations promulgated thereunder.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-06-07 - reported referred to ways and means [A10953 Detail]

Download: New_York-2017-A10953-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                          10953
                   IN ASSEMBLY
                                      May 29, 2018
                                       ___________
        Introduced  by  M.  of  A.  PELLEGRINO  -- read once and referred to the
          Committee on Environmental Conservation
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          public access to recordkeeping related to environmental permits
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The environmental conservation law is amended by  adding  a
     2  new section 3-0121 to read as follows:
     3  § 3-0121. Public access to recordkeeping.
     4    1.  As used in this section, "record holder" shall mean (a) any holder
     5  of a permit, certificate, license or other form of  department  approval
     6  in connection with the following provisions of this chapter:
     7    (i)  any regulatory program identified in subdivision three of section
     8  70-0107;
     9    (ii) titles three and thirteen of article twenty-three;
    10    (iii) article thirty-three;
    11    (iv) article thirty-five;
    12    (v) article thirty-seven; and
    13    (vi) article forty; and
    14    (b) any other person or entity to  the  extent  that  such  provisions
    15  require  such  person or entity to maintain records and make them avail-
    16  able to the department for audit or inspection upon request.
    17    2. Where record holders keep records pursuant to compliance  with  the
    18  requirements  of  this  chapter,  the department shall make such records
    19  available to the public upon request in accordance with  the  provisions
    20  of  the state freedom of information law and the regulations promulgated
    21  thereunder. Record holders shall submit the records required  to  comply
    22  with  the  request  within sixty working days of written notification by
    23  the department of receipt of the request.
    24    3. For facilities subject to section  19-0311  of  this  chapter,  the
    25  department  shall  make  available to the public any permit application,
    26  compliance plan, permit, and  monitoring  and  compliance  certification
    27  report, except for information entitled to confidential treatment pursu-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15649-01-8

        A. 10953                            2
     1  ant  to  federal  law or to the state freedom of information law and the
     2  regulations promulgated thereunder.
     3    4.  This  section  shall not require the release of any information to
     4  the extent that such release is  prohibited  by  the  statutes  of  this
     5  state.
     6    §  2.  This  act  shall take effect on the sixtieth day after it shall
     7  have become a law.