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End of Session Environment

July 5, 2016
Darren Suarez

Legislation that Passed Both Houses

S.6824-A (Marchione) / A. 9568- A (McDonald) Passed Assembly/ Passed Senate
AN ACT to amend the civil practice law and rules, in relation to the tolling of the statute of limitations relating to personal injury caused by contact with or exposure to any substance or combination of substances found within an area designated as a superfund site
The Business Council Opposes

S.7908  (LaValle)/ A 10264 (Englebright) Passed Assembly/ Passed Senate
AN ACT in relation to creating the New York state ocean acidification task force; and providing for the repeal of such provisions upon expiration thereof.

Legislation that Passed One House

S.5751 (Avella) /A.7625 (Fahy) Passed Assembly/ Senate Environmental Conservation
AN ACT to amend the navigation law, in relation to financial responsibility for the liability of a major facility or vessel
The Business Council Opposes

S.7553 –A (Valesky)/ A. 10529–A (Fahy) Assembly Environmental Conservation/ Senate Rules
AN ACT to amend the environmental conservation law, in relation to bio heating fuel requirements
The Business Council Opposes

S.7336 (Felder)/ A.9904 (Cusick) Assembly Ways & Means / Passed Senate
AN ACT to amend the general city law, in relation to prohibiting the imposition of any tax, fee or local charge on carry out merchandise bags

S.8005 (Savino) /A.10342 (Englebright) Passed Assembly / Senate Environmental Conservation
AN ACT to amend the environmental conservation law, the public service law, the public authorities law, the labor law and the community risk and resiliency act, in relation to establishing the New York state climate and community protection act

The Business Council Opposes

Legislation that Passed Neither House

S. 5395 (Boyle) / A.50 (Simanowitz) Assembly Ways & Means / Senate Rules
AN ACT to amend the environmental conservation law, in relation to the time period for state environmental quality review
The Business Council Supports

S.6932 (Amedore) Senate Rules
AN ACT to amend the environmental conservation law, in relation to determinations upon the need for an environmental impact statement, and completion of draft environmental impact statements and environmental impact statements
The Business Council Supports

TSCA Reform
President Barack Obama on Wednesday signed into law H.R.2576 - Frank R. Lautenberg Chemical Safety for the 21st Century Act. The law will overhaul, the way chemical substances are regulated in the US.

This historic legislation overhauls the Toxic Substances Control Act (TSCA) for the first time in 40 years. It is the first major environmental law to be enacted in 25 years (since the Clean Air Act Amendments of 1990). A legislative effort that began in earnest in 2009 has resulted, seven years later, in a strengthened statute that gives EPA new authority to prioritize, evaluate, and regulate chemicals as appropriate, and gives stakeholders an important role in that process.[1]

Although the new law updates TSCA , the new regulations will be governed by the Environmental Protection Agency (EPA) instead of the US Food and Drug Administration (FDA). Furthermore unlike FDA’s user fee agreements, the TSCA reform allows EPA to collect up to $25 million in fees each year to help contribute to implement the law, including prioritizing existing chemicals and conducting and completing safety assessments and determinations.

The amendments have no effective date, meaning that the new provisions take effect immediately, with no waiting period for EPA. The attached table from Beveridge & Diamondidentifies the deadlines for actions under the updated statute, by section of TSCA. Some of these are tied to the date of enactment, while others relate to actions with no mandated start date. Also attached is a timeline of EPA deadlines.

Part 360
The Department of Environmental Conservation (DEC) has extended the date for written comments on these draft regulations and DGEIS will be accepted until 5:00 p.m. on September 13, 2016.

The revisions proposed by DEC are comprehensive revision to Part 360. The last comprehensive revisions to the regulations governing solid waste management in New York State occurred in 1993. The revisions include technical amendments and clarifications, as well as updated criteria due to legal and policy developments.

The revisions include measures to improve the state’s regulations over facilities that handle solid waste, including facilities that manage recyclable materials, waste transfer stations, landfills and biohazard waste facilities, among others. In addition, previously unregulated facilities, including mulch processing facilities will now be regulated. The regulations will also increase oversight of construction and demolition debris and historic fill.

The complete regulations can be viewed at http://www.dec.ny.gov/regulations/81768.html

DEC Surveying Facilities Regarding PFOA
On June 24, 2016, DEC officials announced that they are now surveying more than 150 facilities to create a database of companies that have used the chemical in manufacturing. Responses are due by July 15. In addition, the state has surveyed 1,772 fire departments, as well as airports and petroleum storage facilities that may have used firefighting foam containing PFOS.

Vermont and New Hampshire launched statewide surveys this spring.