Enhances the reporting requirements for businesses, outside of a city with population of one million or more, which store or use hazardous materials

1 Co-sponsor

• Toby Ann Stavisky

BILL NUMBER:S2826

Title of bill

An act to amend the general municipal law, in relation to requiring businesses to notify the local firefighting agency of the presence of hazardous materials

Purpose of the bill

The bill would enhance and improve the reporting requirements for businesses which store or use hazardous materials.

Summary of provisions

The bill amends Sections 3, 5 and 6 of Section 209-u of the General Municipal Law to make the following changes:

* Requires each person engaged in commerce to provide identification and quantity of each hazardous material used or stored at each site. Persons that do not use or store hazardous materials must respond to the notice with such information;

* Requires every municipality (town or city) to provide annual notification in writing to all persons engaged in commerce within their jurisdiction of the notification and other hazardous materials reporting requirements in this law. The notification may be provided with tax bills or other official notifications;

* Requires any person granted a reporting exemption to immediately notify the chief of the fire department, fire corporation or fire company of any changes in the identity of the hazardous materials and the amounts used or stored at each site;

* Requires that persons claiming the need to protect confidential business information must still report this hazardous materials data to the fire department, corporation or company. Such information shall be subject to the Freedom of information Law with respect to public release of such information.

Justification

Some fire companies have reported that they still have little or no information about hazardous materials stored at businesses within their response territories, despite the requirements of the current law. This lack of information puts out fire fighters, first responders and emergency personnel at significant risk from unknown exposures to hazardous materials at these facilities. The proposed amendments to the bill will ensure that every business facility provides detailed information about hazardous materials they use to store, including identification and quantity of each material. Businesses that do not use or store hazardous materials must provide a response to that effect. Additionally every municipality must send notice of the reporting requirements to every person in commerce in their community; such notice may be included with other official mailings from the municipality. These new requirements do not apply to cities with population of one million or more. This procedure should ensure that all appropriate

parties know their responsibilities with respect to hazardous materials.

The bill also strengthens the exemptions provisions of the current law. All of the changes should significantly improve knowledge of hazardous materials stored and used within these communities and enhance municipal response to fires and other hazardous events at such facilities.

Prior legislative history

2010: S.8162A - Died Rules

Fiscal implications for state and local governments

Little or no cost to local governments.

Effective date

This act would take effect 30 days after it becomes a law.