Section 3-0301. General functions, powers and duties of the department and the commissioner

1.  It  shall  be  the responsibility of the department, in accordance
  with such existing provisions and limitations as may  be  elsewhere  set
  forth  in  law,  by  and  through  the  commissioner  to  carry  out the
  environmental policy of the state set forth in section  1-0101  of  this
  chapter. In so doing, the commissioner shall have power to:
    a.  Coordinate  and develop policies, planning and programs related to
  the environment of the state and regions thereof;
    b. Promote and coordinate management of water,  land,  fish,  wildlife
  and  air  resources to assure their protection, enchancement, provision,
  allocation, and balanced utilization consistent with  the  environmental
  policy of the state and take into account the cumulative impact upon all
  of  such  resources  in  making any determination in connection with any
  license,  order,  permit,  certification  or  other  similar  action  or
  promulgating any rule or regulation, standard or criterion;
    bb.  Prescribe  the  qualifications  for  operators  of  public sewage
  treatment plants.
    c. Provide for the propagation, protection, and management of fish and
  other aquatic life and  wildlife  and  the  preservation  of  endangered
  species;
    cc.  Prescribe  and  certify the qualifications for operators of solid
  waste management facilities  as  defined  in  section  27-0701  of  this
  chapter;  provided, however, that the commissioner shall not require the
  certification of operators until the commissioner shall have  identified
  or  established  programs of training within the state that satisfy such
  qualifications;
    d. Provide for the care, custody, and control of the forest preserve;
    e. Provide for the protection and management  of  marine  and  coastal
  resources and of wetlands, estuaries and shorelines;
    f.  Foster  and  promote  sound  practices for the use of agricultural
  land, river valleys, open land, and other areas of unique value;
    g.  Encourage  industrial,  commercial,  residential   and   community
  development  which  provides  the  best  usage  of land areas, maximizes
  environmental benefits and  minimizes  the  effects  of  less  desirable
  environmental conditions;
    gg.  Develop  a  plan to maximize the use of telecommuting to conserve
  energy otherwise used by the personnel of the department in commuting to
  their assigned workplace. Within one year of the effective date of  this
  paragraph,  the department shall submit a report to the governor and the
  legislature on the impact of such plan to include, but  not  be  limited
  to, energy conservation, air quality, workforce acceptance, office costs
  and potential cost savings.
    h.  Assure  the  preservation  and  enhancement  of natural beauty and
  man-made scenic qualities;
    hh.  Cooperate  with  the  division  of  probation  and   correctional
  alternatives   by   identifying   appropriate  worksites  where  persons
  performing community service as part of a criminal  disposition  may  be
  assigned  to  provide cleanup and other maintenance services in order to
  preserve and enhance the state's natural beauty  and  human-made  scenic
  qualities.  Such  sites  may  include but are not limited to the state's
  shorelines, beaches, parks, roadways, historic sites and  other  natural
  or human-made resources.
    i.  Provide  for  prevention  and abatement of all water, land and air
  pollution including, but not  limited  to,  that  related  to  hazardous
  substances,  particulates,  gases, dust, vapors, noise, radiation, odor,
  nutrients and heated liquids;

    j. Promote control of pests and regulate the use, storage and disposal
  of pesticides and other chemicals which may be harmful to man,  animals,
  plant life, or natural resources;
    k.  Promote  control  of  weeds and aquatic growth, develop methods of
  prevention and eradication, and regulate herbicides;
    l. Provide and recommend  methods  for  the  recovery,  recycling  and
  reuse;  or,  where recycling and reuse are not possible, the disposal of
  solid wastes, including  domestic  and  industrial  refuse,  junk  cars,
  litter  and  debris  consistent with sound health, scenic, environmental
  quality, and land use practices;
    m. Prevent pollution through the regulation of the  storage,  handling
  and transport of solids, liquids and gases which may cause or contribute
  to pollution;
    n.  Promote restoration and reclamation of degraded or despoiled areas
  and natural resources;
    o. Encourage recycling and reuse of products to conserve resources and
  reduce waste products;
    p. Administer properties  having  unique  natural  beauty,  wilderness
  character,   or   geological,   ecological  or  historical  significance
  dedicated by law to the state nature and historical preserve;
    q. Formulate guides for measuring presently unquantified environmental
  values and relationships so they may be given appropriate  consideration
  along   with   social,   economic,   and   technical  considerations  in
  decision-making;
    r. Encourage and undertake scientific investigation  and  research  on
  the  ecological  process,  pollution prevention and abatement, recycling
  and reuse of resources, and other areas essential to  understanding  and
  achievement of the environmental policy;
    s.  Assess  new  and  changing  technology and development patterns to
  identify long-range  implications  for  the  environment  and  encourage
  alternatives which minimize adverse impact;
    t.  Monitor  the  environment  to  afford more effective and efficient
  control practices, to identify  changes  and  conditions  in  ecological
  systems and to warn of emergency conditions;
    u.  Encourage  activities consistent with the purposes of this chapter
  by advising and assisting local governments,  institutions,  industries,
  and individuals;
    v.  Undertake an extensive public information and education program to
  inform and involve other public and private organizations and groups and
  the general public in the commitment to the principles and practices  of
  environmental  conservation  and  develop  programs  for the teaching by
  others of such principles and practices;
    w. Cooperate with the executive, legislative and planning  authorities
  of  the  United  States, neighboring states and their municipalities and
  the Dominion of Canada in furtherance of the policy of this state as set
  forth in section 1-0101;
    x. Exercise and perform such other functions,  powers  and  duties  as
  shall  have been or may be from time to time conveyed or imposed by law,
  including, but not limited to, all  the  functions,  powers  and  duties
  assigned  and  transferred  to  the  department  from  the Department of
  Health, Conservation Department, Department of Agriculture and  Markets,
  and  Office  for Local Government in the Executive Department by chapter
  140 of the laws of 1970.
    y. To prevent and control air pollution  emergencies,  as  defined  in
  subdivision  1  of  section 1-0303 hereof. In exercising such prevention
  and  control  the  department  and  the  commissioner  may   limit   the
  consumption  of  fuels  and  use  of  vehicles,  curtail  or require the
  cessation of industrial processes and limit or require the cessation  of

  incineration  and  open  burning,  and take any other action he may deem
  necessary to prevent  and/or  control  air  pollution  emergencies.  The
  department  and  commissioner  shall  adopt  and  implement  by rule and
  regulation  a  plan  designed  to prevent and control such air pollution
  emergencies.
    z. Within amounts appropriated to the department, to contract, outside
  the city of New York, with federally-funded nonprofit organizations that
  are organized for the purpose of beautification of highways,  parks  and
  recreation  areas  and  employ persons sixty years of age or older whose
  net annual income does not exceed one thousand dollars to carry out such
  activities. The contract shall name the  organization,  the  amount  and
  manner  of  payment  for  the  service  to  be  rendered, nature of such
  service, the rendering of a verified account of  the  disbursements  and
  verified or certified vouchers therefor attached, a refund of any unused
  amount,  and such other conditions upon the use thereof as may be deemed
  proper.
    2. To further assist in carrying out  the  policy  of  this  state  as
  provided in section 1-0101 of the chapter the department, by and through
  the commissioner, shall be authorized to:
    a.  With  the advice and approval of the board, adopt, amend or repeal
  environmental standards, criteria and those rules and regulations having
  the force and effect of standards and criteria to carry out the purposes
  and provisions of this act. Upon approval  by  the  board  of  any  such
  environmental standard, criterion, rule or regulation or change thereto,
  it  shall  become  effective  thirty  days  after  being  filed with the
  Secretary of State for  publication  in  the  "Official  Compilation  of
  Codes,  Rules,  and  Regulations  of  the  State  of New York" published
  pursuant to section 102 of the Executive Law. This provision  shall  not
  in  any  way  restrict the commissioner in the exercise of any function,
  power or duty  transferred  to  him  and  heretofore  authorized  to  be
  exercised  by  any  other  department acting through its commissioner to
  promulgate, adopt, amend or repeal any standards, rules and regulations.
  No such environmental standards, criterion, rule or regulation or change
  thereto shall be proposed for approval unless a public hearing  relating
  to  the subject of such standard shall be held by the commissioner prior
  thereto not less than  30  days  after  date  of  notice  therefor,  any
  provision  of law to the contrary notwithstanding. Notice shall be given
  by public advertisement of the date, time, place  and  purpose  of  such
  hearing.  Members  of the board shall be entitled to participate in such
  hearing and opportunity to be heard by the commissioner with respect  to
  the subject thereof shall be given to the public.
    aa.  (1) A "construction emergency" is damage to or an imminent danger
  of failure, or the malfunction  of  buildings,  structures  or  property
  caused  by  a sudden and unexpected occurrence which involves a pressing
  necessity for immediate repair, reconstruction or maintenance  in  order
  to  permit the safe continuation of necessary public use or function, or
  to protect the property of the state of New York, or the life, health or
  safety of any person.
    (2)  Whenever  the  commissioner  determines  and  declares   that   a
  construction  emergency exists, the commissioner may have immediate work
  performed to protect life, limb, property, public health or  safety,  or
  essential services by utilizing the services of a contractor selected in
  accordance  with  procedures developed by the department and approved by
  the state comptroller.
    (3) Such procedures shall provide for consideration of solicitation of
  sufficient competition  to  the  extent  practicable,  from  responsible
  contractors  representative  of the contracting community by inviting at
  least  five  contractors  who  are  capable  of  performing  such  work;

  permitting  said contractors to examine the site and submit bids for the
  required emergency restoration work at a time and place to be determined
  by the commissioner; and submission of a notice of emergency  award  for
  publication  in  the  procurement  opportunities  newsletter  as soon as
  practicable after the award.
    (4) Such emergency work shall reasonably be expected to  be  completed
  within a period of thirty days and emergency contracts shall be let only
  for work necessary to remedy or alleviate a construction emergency.
    (5)  If  the  selected  contractor  is  already  under contract to the
  department such work  may  be  undertaken  as  additional  work  on  the
  existing contract, notwithstanding the existing scope of work.
    (6)  The  commissioner  shall  promptly notify the office of the state
  comptroller, the office of the attorney general, and the office  of  the
  division  of  the  budget, and shall provide an estimate of the cost and
  duration of the emergency work.
    b. Enter into contracts with any person to do all things necessary  or
  convenient  to  carry  out  the  functions,  powers  and  duties  of the
  department.
    bb. Develop and implement  an  "I  Love  New  York  Fishing"  passbook
  program to encourage additional fishing in this state. The program shall
  be  administered  according  to  the  provisions  of subdivision five of
  section 11-1307 of this chapter.
    c. Review and appraise programs and activities  of  state  departments
  and  agencies in light of the policy set forth in section 1-0101 of this
  chapter for the purpose of determining the extent to which such programs
  and activities are contributing to the achievement of such policy and to
  make recommendations to  such  departments  and  agencies  with  respect
  thereto,  including  but  not  limited  to, environmental guidelines for
  their use.
    cc. Cooperate with the department  of  agriculture  and  markets,  the
  environmental  facilities  corporation,  and  other  state  agencies and
  public authorities to establish methods to facilitate loans to  eligible
  borrowers to prevent and control non-point source water pollution and to
  develop   educational  materials  for  potential  borrowers,  including,
  without limitation, members of the  agricultural  community,  about  the
  low-interest  loans available through the water pollution control linked
  deposit program and to develop an application form  to  be  provided  to
  lenders  for  the  linked  deposit  loan  requests.  The  department may
  promulgate rules  and  regulations  necessary  and  reasonable  for  the
  operation of the program.
    d. Consult with and co-operate with:
    (1)  Officials  of departments and agencies of the state having duties
  and responsibilities concerning the environment;
    (2) Officials and representatives of any public benefit corporation in
  the state;
    (3) Officials and representatives of the federal government, of  other
  states  and of interstate agencies on problems affecting the environment
  of this state;
    (4) Persons, organizations and groups, public and private,  utilizing,
  served by, interested in or concerned with the environment in the state;
    (5) The appropriate committee or committees of the Legislature.
    e. Appear and participate in proceedings before any federal regulatory
  agency involving or affecting the purposes of this department.
    f.  Undertake  any studies, inquiries, surveys or analyses it may deem
  relevant through the personnel of the department or in co-operation with
  any  public  or  private  agencies,  including  educational,  civic  and
  research    organizations,   colleges,   universities,   institutes   or
  foundations, for the accomplishment of the purposes of the department.

    g. Enter and inspect any property  or  premises  for  the  purpose  of
  investigating  either  actual  or  suspected  sources  of  pollution  or
  contamination  or  for  the  purpose  of  ascertaining   compliance   or
  noncompliance  with any law, rule or regulation which may be promulgated
  pursuant  to  this chapter. Any information relating to secret processes
  or methods of manufacture shall be kept confidential.
    h. Conduct investigations and hold hearings and compel the  attendance
  of  witnesses  and  the  production  of  accounts, books, documents, and
  nondocumentary evidence by the issuance of a subpoena.
    i. Advise and cooperate with municipal,  county,  regional  and  other
  local agencies and officials within the state, to carry out the purposes
  of chapter 140 of the laws of 1970.
    j.  Act  as  the official agency of the state in all matters affecting
  the purposes of the department under any federal laws now  or  hereafter
  to  be  enacted,  and  as  the  official agency of a county, town, city,
  village or authority in connection with the  grant  or  advance  of  any
  federal  or  other funds or credits to the state or through the state to
  its local governing bodies for the purposes of chapter 140 of  the  laws
  of 1970.
    k.  Report from time to time to the Governor and make an annual report
  to the Governor and the Legislature.
    l. Formulate and execute contracts, keep  accounts,  record  personnel
  data,  acquire  real  or  personal  property,  including  acquisition by
  condemnation, appropriation,  gift  grant,  devise  or  bequest,  adjust
  claims,  compile  statistics  and  engage in research opportunities; all
  according to the statutes or department orders and regulations  in  such
  cases made and provided.
    m.  Adopt  such rules, regulations and procedures as may be necessary,
  convenient or desirable to effectuate the purposes of this chapter.
    n. Study, monitor, control and regulate pollution from  motor  vehicle
  exhaust emissions.
    o.  When  requested  to do so by another state with which New York has
  reciprocally agreed to provide personnel  and  equipment,  provide  such
  personnel  and  equipment  for  use  in suppression of forest fires upon
  lands within such other state.
    p. Notwithstanding any other provision of this  chapter,  delegate  to
  municipal  health  or  environmental  departments  or  agencies or other
  appropriate governmental entities including the  state  soil  and  water
  conservation  committee  and  the soil and water conservation districts,
  any of  which  shall  meet  such  qualifications  relating  to  adequate
  authority,  expertise,  staff,  funding  and  other  matters  as  may be
  prescribed, such functions of review, approval  of  plans,  issuance  of
  permits,  licenses,  certificates or approvals required or authorized by
  this chapter as the  commissioner  may  deem  appropriate  in  order  to
  expedite   the   review  of  matters  within  the  jurisdiction  of  the
  department, to provide for better coordination among different levels of
  government or to  enhance  environmental  protection,  subject  to  such
  conditions  as  he  may establish. The powers delegated pursuant to this
  part may be withdrawn by the commissioner, at any time, upon thirty days
  written notice to the department, agency or  other  governmental  entity
  including  the  state soil and water conservation committee and the soil
  and water conservation districts holding such powers by virtue  of  this
  paragraph.
    q.  Require  that  a  written  instrument  submitted  pursuant to this
  chapter or a rule or regulation adopted pursuant hereto contain  a  form
  notice  to  the effect that false statements made therein are punishable
  pursuant to section 210.45 of the penal law.

    r. Notwithstanding  the  provisions  of  article  six  of  the  public
  officers  law,  deny  access  to  inspection  of  records which identify
  locations of habitats  of  species  designated  endangered  pursuant  to
  section 11-0535 of this chapter, protected pursuant to section 9-1503 of
  this  chapter  or  any other species or unique combination of species of
  flora or fauna where the destruction of such habitat or the  removal  of
  such  species  therefrom would impair their ability to survive provided,
  however, that the commissioner may, in his discretion permit  access  to
  such inspection to persons engaged in legitimate scientific and academic
  research.
    s.  Coordinate  and conduct Arbor day ceremonies on the last Friday of
  April in cooperation with the department of education and the department
  of agriculture and markets.
    t. Establish a program, in consultation  with  the  conservation  fund
  advisory  council  for  the  sale  of limited edition prints of fish and
  wildlife paintings with the proceeds to be credited to the  conservation
  fund  established  pursuant to section eighty-three of the state finance
  law.
    u. Notwithstanding any other provisions of this chapter,  establish  a
  program   to  offer  for  sale  to  the  public  of  items  symbolic  of
  contributions made to support department activities performed as steward
  of lands under its jurisdiction. The terms upon which such items will be
  available and the relevant donations for such items shall be  set  forth
  in  regulations to be promulgated by the commissioner provided, however,
  that no such item shall be offered unless the amount  of  such  donation
  exceeds  the value of the item. All receipts of the department from such
  contributions shall be deposited in and separately accounted for  in  an
  account  in  the  miscellaneous state special revenue fund, expenditures
  from which shall be limited to the activities of the department pursuant
  to this paragraph and activities performed as steward of lands under its
  jurisdiction.
    v. Except for the forest preserve which is under the care, custody and
  control of the department pursuant to paragraph d of subdivision one  of
  this  section  and  subdivision  one  of section 9-0105 of this chapter,
  administer and manage the real property under the  jurisdiction  of  the
  department  for  the purpose of preserving, protecting and enhancing the
  natural resource value for which the property was acquired or  to  which
  it is dedicated, employing all appropriate management activities.
    w.  Shall  prepare  and  submit  to  the  federally appointed "Aquatic
  Nuisance Species Task Force" two comprehensive management  plans,  after
  notice and opportunity for public comment, for funding of New York state
  activities  under the Federal Non-indigenous Aquatic Nuisance Prevention
  and Control Act of 1990, Public Law 101-646, by  January  1,  1992.  One
  such  plan  shall  identify  those areas or activities within the state,
  other than those related  to  public  facilities,  where  technical  and
  financial  assistance  is needed within the state to eliminate or reduce
  environmental, public health  and  safety  risks  and  to  mitigate  the
  financial  impact  upon the state associated with non-indigenous aquatic
  species, particularly zebra mussels. The other plan shall be  a  "public
  facility  management  plan" which is limited solely to identifying those
  public facilities within the state for  which  technical  and  financial
  assistance  is needed to reduce infestations of zebra mussels. Each plan
  shall identify the  management  practices  and  measures  that  will  be
  undertaken   to   reduce   infestations  of  aquatic  nuisance  species,
  especially zebra mussels, and include the following: (1)  a  description
  of the state and local programs for environmentally sound prevention and
  control  of  the target species; (2) a description of federal activities
  that may be needed for environmentally sound prevention and  control  of

  aquatic  nuisance species and a description of the manner in which those
  activities  should  be  coordinated  with  state  and  local  government
  activities;  and  (3)  a schedule for implementing the plan, including a
  schedule  of  annual  objectives.  In  developing and implementing these
  management  plans,  the  department  shall,  to   the   maximum   extent
  practicable, involve local governments, regional entities and public and
  private  organizations  that  have  expertise  in the control of aquatic
  nuisance species. Copies of these plans shall also be submitted  to  the
  temporary  president  of the senate and the speaker of the assembly, and
  the department shall annually, on or before January first, submit to the
  temporary president of the senate and speaker of the assembly  a  report
  on the activities of the department under these plans.
    x. Consistent with paragraph v of subdivision 1 of this section, offer
  for   sale   advertising  or  corporate  sponsorship  space  in  various
  departmental  publications,  including   but   not   limited   to   "The
  Conservationist", the annual compilation and syllabus of laws, rules and
  regulations  governing  fish and wildlife as required by section 11-0323
  of this chapter,  and  offer  for  sale  informational  and  promotional
  material   related   to   lands,  facilities  and  resources  under  the
  jurisdiction of the department. Any proceeds realized from the  sale  of
  advertising  or  corporate  sponsorships shall be deposited in a special
  revenue account to be selected by the department and the division of the
  budget except that proceeds from advertising or corporate sponsorship in
  "The  Conservationist"  shall  be   deposited   in   the   environmental
  conservation   special  revenue  fund,  "The  Conservationist"  magazine
  account, and proceeds from advertising or corporate sponsorship  in  the
  annual compilation and syllabus of laws, rules and regulations governing
  fish  and  wildlife as required by section 11-0323 of this chapter shall
  be deposited in the conservation fund.
    * y. The department, by contract or otherwise, is hereby authorized to
  engage in games, contests or other promotions or advertising schemes  or
  plans,  hereinafter  referred  to  as  "an  event  or events," which are
  intended  to  increase,  improve,  stabilize  or  otherwise  assist   in
  development   of   the  subscriber  base  of  "The  Conservationist"  in
  accordance with the following:
    (1) An event may  include  sweepstakes  and  other  similar  marketing
  techniques   intended   to   heighten  public  awareness,  interest  and
  participation in  department  programs  including  but  not  limited  to
  purchasing of subscriptions, licenses, or camping permits.
    (2)  The  department is authorized to offer the opportunity to receive
  gifts, prizes or  gratuities,  as  determined  by  chance,  without  any
  consideration therefor.
    (3)  The department shall develop a statement, which shall be included
  in any and all promotions of an event, which shall contain the following
  information:
    (i) the minimum number of entry forms to be made available;
    (ii) the minimum number of prizes that shall be included in the event;
    (iii) the proportionate opportunity of winning prizes;
    (iv) the minimum value of prizes to be made available;
    (v) the rules pertaining to the event, which shall include the  period
  of  time  and  the  geographic area to be covered by the event and which
  shall  not  be  subject  to  the  rulemaking  procedures  of  the  state
  administrative procedure act; and
    (vi)  such  additional  information  as  may  be  deemed  in  the best
  interests of the state as determined by the commissioner.
    (4) The department is authorized to accept donations for the  purposes
  of  providing  publicity,  prizes,  incentives  or other inducements for
  participation in the event. Donations may  be  of  goods  and  services,

  shall  not exceed five thousand dollars in value, per donor per contest,
  and must be of a nature consistent with the purposes of the  department,
  and   in   the  best  interests  of  the  state  as  determined  by  the
  commissioner.
    * NB Repealed August 1, 2012
    z. Issue and amend guidance memoranda and similar documents of general
  applicability  which  are  to be relied upon by department personnel for
  implementation of this chapter, and rules  and  regulations  promulgated
  pursuant  thereto,  and  for guidance to the general public in complying
  with the requirements of this chapter; provided, however, that (1) in no
  event shall any such document be issued by the department  in  violation
  of the state administrative procedure act where and to the extent that a
  duly  promulgated  rule or regulation would be required, and (2) no such
  document shall be implemented until thirty days after the full text,  or
  a  summary  thereof,  along with information on how the full text may be
  obtained, has been published in the environmental  notice  bulletin,  as
  defined  in section 70-0105 of this chapter. At a minimum, the full text
  of each such document shall be made available by the department  on  and
  after  the  date of such publication to the public upon request, and, in
  addition, at least one copy shall be made available in the  department's
  main  office  and  in  each  regional  office for public inspection. The
  department shall publish and invite public comment on a draft version of
  any such document, unless it determines that to do  so  would  delay  or
  otherwise  impede  compliance with the underlying statute or regulation,
  provided that, when a document is issued without making  provisions  for
  public  comment, the department shall also publish its reason or reasons
  for deeming such provisions  inappropriate.  This  paragraph  shall  not
  apply  to (i) declaratory rulings issued pursuant to section two hundred
  four of the state administrative procedure act or (ii)  documents  which
  only concern the internal management of the agency and which do not have
  any  effect on the rights of or procedures or practices available to the
  public. Each January, the department shall publish in the  environmental
  notice  bulletin  an  index  of  its  existing  guidance  documents, and
  indicate how the full text thereof may be obtained;  provided,  however,
  that  the  secretary  of state may exempt the department from compliance
  with  this  publication  requirement  upon  a  determination  that   the
  department  has  published  on its website the full text of all guidance
  documents on which it currently relies. The  secretary  of  state  shall
  publish  a  notice  of such determination identifying the website in the
  state register.
    3. The department shall not alter the boundaries of any  of  the  nine
  administrative  regions  from  the boundaries existing on January first,
  nineteen hundred seventy-seven without first holding public hearings  in
  each region affected.
    4. The commissioner shall cooperate with the commissioner of the state
  department  of  health,  district attorneys and the department of law in
  providing assistance in the investigation and prosecution of  violations
  of article twenty-seven of this chapter.
    5.  To facilitate the practice of forestry by electing to comment upon
  proposed local laws or ordinances that  may  restrict  the  practice  of
  forestry.