NY Env Conserv L § 19-0303 (2021)
2021 New York Laws ENV - Environmental Conservation Article 19 - Air Pollution Control Title 3 - Powers and Duties 19-0303 - Codes, Rules and Regulations.

§ 19-0303. Codes, rules and regulations.   1. A code, rule or regulation or any amendment or repeal thereof shall not be adopted until after a public hearing within the area of the state concerned.  Notice  of  such  hearing shall be given at least sixty days prior to the scheduled date of the hearing by  public  advertisement  of the  date,  time,  place  and  purpose of such hearing. At such hearing, opportunity to be heard by the department with respect  to  the  subject thereof  shall  be given to the public. A code, rule or regulation or an amendment or repeal thereof shall not become effective until thirty days after certified copies thereof shall have been filed with the  secretary of state. Any person heard at such hearing shall be given written notice of the action of the department with respect to the subject thereof.   2.  The  code,  rule  and/or regulation or any amendment thereof which shall be  adopted  by  the  department  may  differ  in  its  terms  and provisions  as  between particular types and conditions of air pollution or  of  air  contamination;  as  between  particular  air  contamination sources; and as between particular areas of the state.   3.  In  exercising  the  power conferred upon it by section 19-0301 to formulate, adopt and promulgate, and to  amend  and  repeal,  codes  and rules  and  regulations  for  preventing, controlling or prohibiting air pollution, the department shall give due recognition to  the  fact  that the  quantity  or characteristics of air contaminants or the duration of their presence in the atmosphere, which may cause air pollution  in  one area  of  the  state,  may cause less air pollution or not cause any air pollution in  another  area  of  the  state,  and  it  shall  take  into consideration  in this connection such factors, among others found by it to  be  proper  and  just,  as  existing  physical  conditions,   zoning classifications,   topography   and   prevailing   wind  directions  and velocities and also the fact that a code, rule  or  regulation  and  the degree of conformance therewith which may be proper as to an essentially residential area of the state may not be proper as to a highly developed industrial area of the state.   4.  In  adopting  any  code,  rule  or  regulation  which  contains  a requirement that is more stringent than the Act  or  regulations  issued pursuant  to  the  Act  by  the  United  States environmental protection agency, the commissioner shall, in addition to the provisions of section two hundred two-a of the state administrative procedure act, include  in the regulatory impact statement:  (a)  a  detailed  explanation  of  the  reason or reasons that justify exceeding federal minimum requirements, including:  (i) satisfying any requirement of the Act as it relates  to  New  York state,   including  any  requirement  for  demonstrating  attainment  or maintenance of ambient  air  quality  standards  or  meeting  reasonable further progress pursuant to Title I of the Act;  (ii)  preventing  an  assessment  or  imposition  of sanctions, or the imposition of a federal implementation plan, pursuant to the Act;  (iii) complying with a final decree of a court; or  (iv) protecting public health or the environment;  (b) an evaluation of the cost-effectiveness of the proposed code, rule or regulation, in comparison with the cost-effectiveness  of  reasonably available alternatives; and  (c)   a  review  of  the  reasonably  available  alternative  measures considered by the commissioner and an explanation  of  the  reasons  for rejecting such alternatives.   5.  The state, through its representatives on the interstate transport commission established pursuant to  section  7506a  of  the  Act,  shall provide  for  public  review  of proposed recommendations for additional control measures and attainment strategies. Such public review  will  be  effected  by  the  governor's designee causing a notice of such proposed recommendations to be published in the  Environmental  Notice  Bulletin. Such  public review may be conducted concurrently with any public review required pursuant to the Act.