2023 New York Laws › ENV - Environmental Conservation › Article 3 - Department of Environmental Conservation; General Functions, Powers, Duties and Jurisdiction › Title 3 - General Functions, Powers, Duties and Jurisdiction › 3-0311*2 - State Agency Environmental Audits.

* § 3-0311. State agency environmental audits.
1.  Each  state  agency as defined in subdivision five of this section
shall  annually  audit  the  environmental  problems  created   by   its
operations  or  the operations of contractors it has hired and over whom
it has exercised or is required to exercise direct oversight, acting  in
fulfillment  of their contracts. Such audit shall identify the extent to
which these operations are in violation of this chapter, or  regulations
adopted  thereunder. Each such state agency shall submit a report to the
department on or before April first of each year. The report shall:
a. describe:
(1) each identified violation, including the year each  violation  was
first reported to the department;
(2)  the  progress made in remedying any identified violations, and in
remedying the violations identified in the previous year's audit and the
past problems previously identified in  the  department's  report  dated
"January 1990" titled "Past Practices Assessment Report";
(3)  disbursements  to  remedy  individual violations or past problems
made during the previous year and disbursements recommended to  be  made
or made during the current fiscal year; and
(4)  the steps being taken to assure future compliance with state laws
and  regulations,  including  any  new  policies  developed  to  address
patterns of violations identified by the audit.
b. rank each violation and past problem based on the threat each poses
to the public health or the environment, so that each is placed into one
of the following classifications:
(1)  presents  an  imminent substantial threat to the public health or
the environment;
(2) presents a potential substantial threat to the  public  health  or
the environment;
(3)  presents  a  discernible but not substantial threat to the public
health or the environment; or
(4) no evidence of discernible threat to  the  public  health  or  the
environment.
c.  include  a  remedial  plan  for  the  correction  of  all existing
identified  violations  and  uncorrected  past  environmental   problems
previously  identified  in  the "Past Practices Assessment Report". Such
remedial plan shall specify:
(1) the actions the agency intends to take to remedy each violation or
problem;
(2) an estimate of the costs, if any, of bringing  each  violation  or
problem  into  compliance,  and  a total cost estimate for remedying all
violations and uncorrected past problems; and
(3) a projected time schedule for remedying each violation or problem.
2. In addition to the audit prepared pursuant to  subdivision  one  of
this  section,  each  state  agency  shall  report to the department any
violation of this  chapter,  or  regulations  adopted  thereunder,  that
presents  an imminent substantial, potential substantial, or discernible
threat to the public health or the environment, which has been committed
on agency property by the agency's lessees or other persons and of which
the agency has become aware.
3. The department shall, before September first of each  year,  submit
an  annual  report  to  the  governor,  the  director of the budget, the
temporary president of the senate, the  speaker  of  the  assembly,  the
chairman   of  the  senate  environmental  conservation  committee,  the
chairman of  the  assembly  environmental  conservation  committee,  the
chairman  of  the senate finance committee, the chairman of the assembly
ways and means committee, and the chairman of the assembly committee  on
oversight, analysis and investigation.
The report shall include:
a. a summary of the major categories of violations or uncorrected past
problems previously identified in the "Past Practices Assessment Report"
dated January, nineteen hundred ninety;
b.  a  description of each violation or uncorrected past environmental
problem, including an indication of the year each  violation  was  first
reported  to  the  department  and  an  identification  of  the  rank as
determined by each agency, pursuant to paragraph (b) of subdivision  one
of  this  section,  with any reordering of rankings as determined by the
department;
c. a description of  the  progress  made  in  remedying  any  reported
violations   or  past  environmental  problems,  and  in  remedying  the
violations identified in the previous year's audit,  and  a  listing  of
disbursements  to  remedy  violations  or  past problems made during the
previous year and disbursements recommended to be made  or  made  during
the current fiscal year;
d.  a  description  of  enforcement  efforts  which the department has
completed to remedy violations noted in the current or  previous  year's
audit report, including whether the department has taken administrative,
civil, or criminal enforcement actions;
e. if the department and the agency have entered into a consent decree
regarding  the  violation  or problem, the date the violation or problem
was first identified by the department; the date the consent decree  was
signed;  the  date  by  which,  according  to  the  consent  decree, the
violation or problem is to be remedied; and if the remedy date has  been
extended,  the  date  such  extension was granted and the revised remedy
date;
f. a description of each agency's remedial plan for the correction  of
all  existing  identified  violations and uncorrected past environmental
problems, specifying:
(1) the actions the agency intends to take to remedy each violation or
past problem;
(2) the agency's estimate of the  costs,  if  any,  of  bringing  each
violation  or  problem  into  compliance,  and a total estimate for each
agency of the costs of remedying all  violations  and  uncorrected  past
problems; and
(3)  the agency's projected time schedule for remedying each violation
or past problem;
g. a determination by the department of the adequacy of each  agency's
proposed remedial plan:
(1) for violations and past problems that pose an imminent substantial
threat to the public health or the environment;
(2) for violations and past problems that pose a potential substantial
threat to the public health or the environment; or
(3)  that  the  department  has  been  required  to review pursuant to
subdivision four of this  section  prior  to  the  disbursement  of  any
appropriation for such purpose.
If the department determines that the agency's plan is inadequate, the
department  shall  provide a statement explaining this determination. No
determination of adequacy need be included in the  report  for  remedial
plans  that  are  the  subject of a pending enforcement action or permit
proceeding. Remedial plans that are included  as  part  of  a  completed
enforcement  action  or  permit  proceeding shall be deemed to have been
determined to be adequate; and
h. a listing of violations  committed  by  lessees  or  other  persons
reported  by  each  state  agency  pursuant  to  subdivision two of this
section, and the actions the department has taken  to  cause  each  such
violation to be remedied.
i.  The  department  may,  at  its  discretion,  include  any  of  the
information listed in paragraphs (b) through (h) of this subdivision  or
any additional appropriate material within appendices to the report.
4.  Within  its requested budget, each state agency shall set forth in
the aggregate all proposed appropriations for the purposes of  remedying
its  violations  of  the  environmental  conservation law or regulations
adopted thereunder. The  amount  requested  to  remedy  each  functional
category  of  violation as well as project specific information for each
functional category of violation shall also be  set  forth.  A  priority
criterion  to  be considered in determining such proposed appropriations
shall be the ranking of such violations  as  determined  by  the  agency
pursuant  to  paragraph (b) of subdivision one of this section, with any
reordering  of  rankings  as  determined  by  the  department.   Amounts
appropriated  shall  be  disbursed  for  remediation of the violation or
environmental  problem  only  upon  review  and  determination  by   the
department  of  the  adequacy of the remedial plan for correction of any
such violation or environmental problem.
5. As used in this section, the term "state agency" or "agency"  shall
mean:
a. each state department;
b.  Division  of Military and Naval Affairs, Division of State Police,
Division of Housing and Community Renewal, Division for Youth, Office of
General Services, Office of Parks, Recreation and Historic Preservation,
and State University of New York;
c. any other division, board, commission, office,  or  bureau  of  the
state  which  is  required  to  obtain  a  permit  or  approval from the
department or which undertakes an activity for which  it  must  register
with the department;
d.  Albany  Port  District  Commission,  Battery  Park City Authority,
Capital District Transportation Authority,  Central  New  York  Regional
Transportation  Authority, Dormitory Authority of the State of New York,
Facilities   Development   Corporation,   Metropolitan    Transportation
Authority  (including the operations of all of its operating units), New
York State Energy Research and Development  Authority,  New  York  State
Environmental  Facilities  Corporation,  New York State Olympic Regional
Development Authority, New York State Thruway Authority, New York  State
Urban   Development   Corporation,   Niagara   Frontier   Transportation
Authority, Ogdensburg Bridge and Port Authority, Port Authority  of  New
York  and  New  Jersey, Port of Oswego Authority, Power Authority of the
State of New York, Rochester-Genesee Regional Transportation  Authority;
and
e.  any  other  major  agency,  public  authority  or  public  benefit
corporation which performs a state function and which is  identified  by
the commissioner for the purpose of complying with this section.
6.  On  or  before February fifteenth, nineteen hundred ninety-two and
thereafter as may be necessary, the department shall develop  guidelines
for  the  preparation  of environmental audits by state agencies and for
the ranking of violations and problems based on the threat each poses to
the public health or the  environment,  pursuant  to  paragraph  (b)  of
subdivision one of this section.
* NB There are 2 § 3-0311's