Sponsorship

A.1099 - BRODSKY, DINAPOLI, JOHN, ENGLEBRIGHT, COLTON, boyland, brennan, clark, grannis, lavelle, ortiz

Memorandum in Support

BILL NUMBER: A1099

TITLE OF BILL : An act to amend the environmental conservation law, in relation to review of permit applicants on record of compliance

PURPOSE OR GENERAL IDEA OF BILL : This bill would authorize DEC to conduct an inquiry into an applicant`s background as part of a permit application or review. DEC would be authorized to revoke or deny permits to unsuitable persons based upon statutory criteria that includes past violations of the applicant or permit holder. This bill would ensure that persons who are unsuitable to carry out responsibilities under DEC permits are not authorized to do so.

SUMMARY OF SPECIFIC PROVISIONS :

Adds a new section 3-0313 to the Environmental Conservation Law to require DEC to review a permit applicant`s record of compliance with the Environmental Conservation Law (ECL).

JUSTIFICATION :

Persistent or significant violators of the ECL should not have a permit renewed or be allowed to obtain new permits after committing breaches of the law directly relating to their ability to carry out the authorized activities in a lawful and environmentally responsible manner. If a permit is issued to a prior violator, it may be appropriate to impose strict reporting or monitoring conditions on such permits, or to require an environmental monitor on-site.

Compliance with the ECL and enforcement against those who violate the ECL can be advanced by ensuring that the permit review procedures incorporate such consideration at the earliest possible date in the review process.

PRIOR LEGISLATIVE HISTORY :

A.5521 (1995-96), A.1623 (1997-98), A.5967-A (2003-04), A.1801 (2005-06).

FISCAL IMPLICATIONS :

None.

EFFECTIVE DATE : This act shall take effect on the 60th day after it shall have become law.

Sponsorship

A.2005 - LUPARDO, BRODSKY, MILLMAN, ROSENTHAL, GORDON T, LAVINE, PAULIN, GABRYSZAK, JACOBS, LAFAYETTE, GUNTHER, SWEENEY, GOTTFRIED, GIANARIS, PHEFFER, PEOPLES, GALEF, DELMONTE, ALESSI, KAVANAGH, SCHIMEL, BALL, BROOK-KRASNY, YOUNG, COLTON, KELLNER, SPANO, LOPEZ P, PERALTA, WRIGHT KOON, bing, boyland, bradley, brennan, farrell, glick, heastie, jaffee, latimer, lifton, magee, magnarelli, mceneny, reilly, stirpe, walker, weisenberg

Memorandum in Support

BILL NUMBER: A2005C

TITLE OF BILL : An act to amend the energy law, in relation to enacting the state green building construction act

PURPOSE OR GENERAL IDEA OF BILL : To require all new construction and substantial reconstruction projects undertaken by the State to comply with green building principles.

SUMMARY OF SPECIFIC PROVISIONS : The Energy law is amended to require State buildings to comply with green building principles. This would apply to all reconstruction of occupied agency buildings owned by the State, except that this article shall not apply to any new construction or substantial reconstruction project for which the consultant selection process or in house design has been completed. In addition, the Department of Environmental Conservation, in consultation with the New York State Energy and Research Development Authority (NYSERDA), is authorized to promulgate rules and regulations in order to comply with this act. The NYSERDA is authorized to consult with any affected agency in order to comply with this title.

JUSTIFICATION : Several states already have policies that require green building practices for public buildings, including Arizona, California, Pennsylvania, and Washington. In 2006, the U.S. Environmental Protection Agency required all newly initiated major building construction projects to achieve the Leadership in Energy and Environmental Design Gold Standard. Green buildings use resources, including energy, water, materials, and land more efficiently and effectively and provide healthier environments for working, learning, and living. Green buildings minimize the negative environmental consequences by lessening changes to the natural environment; using recycled or recyclable material; incorporating renewable and energy efficient power generation systems; using water resources more efficiently and producing less waste. Green buildings provide employees with a healthier indoor work environment by effectively controlling air ventilation systems and using alternative paints, finishes, adhesives, furniture, and fabrics that do not negatively affect air quality. By building green, the state can save money by reducing maintenance costs and create sustainable buildings, which would foster new developments in green technologies.

New York was among the first states in the Nation to offer a tax incentive program for the developers and builders of environmentally friendly buildings. New York has signed into law measures intended to encourage building owners and developers to design, construct, and operate buildings that are more in harmony with the environment. The purpose of this act is to promote the development of high performance green sustainable buildings undertaken by the State.

PRIOR LEGISLATIVE HISTORY : New bill.

FISCAL IMPLICATIONS : Potential Savings to the State.

EFFECTIVE DATE : This act shall take effect 180 days after enactment.

Sponsorship

S.4359 - MARCELLINO, FLANAGAN, LARKIN, LAVALLE, MAZIARZ, MORAHAN, TRUNZO / - 1

Sponsorship

A.7178 - WEISENBERG / - 2

Memorandum in Support

BILL NUMBER: A7178A

TITLE OF BILL : An act to amend the general business law and the executive law, in relation to requiring unisex or family bathrooms in certain buildings accessible to the public

PURPOSE OR GENERAL IDEA OF BILL : This bill requires that certain commercial buildings be equipped with unisex or family restrooms.

SUMMARY OF SPECIFIC PROVISIONS : See bill.

JUSTIFICATION : Family or unisex bathrooms can improve the quality of life for an increasingly elderly population, families with young and/or disabled children and people with disabilities, by providing greater access to restrooms in commercial locations. The mobility and freedom of many people to travel, shop, attend special events, visit a doctor`s office or to simply go about their daily lives is limited by a lack of appropriate bathroom facilities. Caregivers and parents are often made to feel embarrassed and uncomfortable when taking care of their small children in public restrooms designated, for the opposite sex of the child. Furthermore, imagine that you have a son or daughter with autism or that you are a caregiver for an adult with a disability. Imagine that you have to take insulin shots to manage your diabetes, and then picture having to plan every trip outside your home around the hurdle of locating an appropriate restroom facility. These imagined circumstances are very real for a great many people in New York State. Mothers with sons, fathers with daughters, and people with disabilities and other health concerns should not be made to feel uncomfortable or embarrassed in public restrooms, nor should their mobility be restrained by inadequate access to appropriate bathroom facilities. This legislation will provide people with special needs and families with small children, especially children with autism and/or other disabilities greater access to restrooms, allowing them to visit more places without worry and improving their quality of life.

PRIOR LEGISLATIVE HISTORY : New bill.

FISCAL IMPLICATIONS :; To be determined.

EFFECTIVE DATE : This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the timely implementation of this act on its effective date is authorized to be made and completed on or before such effective date.