Senate Bill S3943

                                BILL NUMBER:S3943

TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to a registry of preliminary sites under investigation for
hazardous waste disposal on the department of environmental
conservation's website

PURPOSE OR GENERAL IDEA OF BILL: To increase public disclosure of
toxic sites in New York State.

SUMMARY OF SPECIFIC PROVISIONS: Section 1. Section 27-1301 of the
Environmental Conservation is amended by adding a new subdivision 8
defining "area of concern" to mean any location where the Department
is investigating a threat to the environment related to hazardous
waste that was known or has been discharged, generated, manufactured,
refined, transported, stored, handled, treated or disposed, or where
hazardous waste may have migrated.

Section 2. A new Section 27-1325 is added to the Environmental
Conservation Law relating to the Department maintaining and making
available for public inspection at each of its regional offices and
regional sub-offices, and on its website, a list of all areas of
concern. Additionally, for each area of concern the registry shall
include information regarding the basis for inclusion of each site.

Section 3. Effective Date.
              

JUSTIFICATION: Inactive Hazardous Waste Disposal Sites (IHWDS) affect
nearly every community throughout the State. The New York State
Department of Environmental Conservation (DEC) is responsible for
investigating these sites. Except for dire circumstances, the DEC in
not required to notify the impacted community of its initial findings
and investigation, which in many cases can go on for years.
Meanwhile, residents, business owners and future potential landowners
or unaware of circumstances that may threaten their health and the
environment.

Currently, as the DEC investigates a potential IHWDS the initial
stages of investigation (Preliminary Site Assessment and Site
Characterization Phases) are often the lengthiest stages and usually
take years. Toxic sites being investigated within these stages are
often unknown to the public and are not posted within the DEC's online
registry. It is only when a site becomes officially "classified"
within the State's program does it trigger public disclosure
requirement. This legislation would require the DEC to maintain and
make available for public inspection at each of its regional offices
and regional sub-offices, and on its website, a list of all areas of
concern. Additionally, for each area of concern the registry shall
include information regarding the basis for inclusion of each site.
Areas of concern would include any location where the Department is
investigating a threat to the environment related to hazardous waste
that was known or has been discharged, generated, manufactured,
refined, transported, stored, handled, treated or disposed, or where
hazardous waste may have migrated.


In summary, having DEC maintain and make available for public
inspection at each of its regional offices and regional sub-offices,
and on its website, a list of areas of concern would significantly
increase public disclosure, and help protect public health and the
environment.

PRIOR LEGISLATIVE HISTORY: 2011-12: A.7365-A/S.5074-A

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: The first of January, next succeeding the date on
which it shall have become law.