Relates to the reporting and remediation of certain sites following municipal notification to the department of environmental conservation

S T A T E   O F   N E W   Y O R K
        ________________________________________________________________________

                                          11189

                                  I N  A S S E M B L Y

                                       May 1, 2026
                                       ___________

        Introduced by M. of A. GALLAHAN -- read once and referred to the Commit-
          tee on Environmental Conservation

        AN  ACT to amend the general municipal law and the environmental conser-
          vation law, in relation to the reporting and  remediation  of  certain
          sites  following  municipal notification to the department of environ-
          mental conservation

          THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
        BLY, DO ENACT AS FOLLOWS:

     1    Section  1.  The  general  municipal  law  is  amended by adding a new
     2  section 120-dd to read as follows:
     3    § 120-DD. NOTIFICATION TO DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION.
     4  UPON THE ADOPTION OF A RESOLUTION BY A MUNICIPAL CORPORATION IDENTIFYING
     5  A  PROPERTY  WITHIN  ITS JURISDICTION AS BEING IN VIOLATION OF ANY LOCAL
     6  LAW, ORDINANCE, CODE, RULE OR REGULATION DUE TO THE STORAGE  OF  ILLEGAL
     7  OR  HAZARDOUS  SUBSTANCES,  SUCH  MUNICIPAL CORPORATION SHALL NOTIFY THE
     8  DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
     9    § 2. The environmental conservation law is amended  by  adding  a  new
    10  section 3-0323 to read as follows:
    11  § 3-0323. MUNICIPAL NOTIFICATION; FEDERAL REPORTING AND REMEDIATION.
    12    1.  WITHIN  SIX  WEEKS  OF  RECEIPT OF A NOTIFICATION MADE PURSUANT TO
    13  SECTION ONE HUNDRED TWENTY-DD OF THE GENERAL MUNICIPAL LAW, THE  DEPART-
    14  MENT  SHALL (A) NOTIFY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
    15  ABOUT THE AFFECTED SITE AND (B) DEVELOP AND ISSUE A REMEDIATION PLAN FOR
    16  SUCH SITE.
    17    2. THE REMEDIATION PLAN SHALL INCLUDE  THE  PROPOSED  ACTIONS  OF  THE
    18  DEPARTMENT  WITH RESPECT TO SECURING THE AFFECTED SITE, REMOVING ILLEGAL
    19  OR HAZARDOUS SUBSTANCES, AND PROTECTING PUBLIC HEALTH,  SAFETY  AND  THE
    20  ENVIRONMENT.  SUCH PLAN SHALL BE IMPLEMENTED AND COMMENCED NO LATER THAN
    21  THE EXPIRATION OF THE SIX-WEEK PERIOD FOLLOWING NOTIFICATION PURSUANT TO
    22  SUBDIVISION ONE OF THIS SECTION.
    23    3. THE DEPARTMENT SHALL:
    24    (A) PROVIDE THE AFFECTED MUNICIPALITY WITH A COPY OF  THE  REMEDIATION
    25  PLAN  AND INFORM SUCH MUNICIPALITY OF ALL ACTIONS TAKEN PURSUANT TO SUCH
    26  PLAN, INCLUDING TIMELINES FOR IMPLEMENTATION AND COMPLETION; AND

         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15692-01-6
        A. 11189                            2

     1    (B) CONFIRM THAT THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY HAS
     2  BEEN NOTIFIED IN ACCORDANCE WITH SUBDIVISION ONE OF THIS SECTION.
     3    4. FOR THE PURPOSES OF THIS SECTION, "MUNICIPALITY" SHALL MEAN A COUN-
     4  TY, TOWN, CITY AND VILLAGE.
     5    §  3.  This  act shall take effect on the ninetieth day after it shall
     6  have become a law. Effective immediately, the addition, amendment and/or
     7  repeal of any rule or regulation necessary  for  the  implementation  of
     8  this  act  on its effective date are authorized to be made and completed
     9  on or before such effective date.