N.Y. Econ. Dev. Law § 137

Current through 2024 NY Law Chapter 443

Section 137 - Small business stationary source ombudsman program

1. There is hereby established within the division for small businesses a small business stationary source ombudsman program. The primary purpose of the small business stationary source ombudsman program is to represent small business stationary sources on issues relating to compliance with the federal Clean Air Act, 42 U.S.C. Section 7401 et seq. as amended by Public Law 101-549, November fifteenth, nineteen hundred ninety, hereinafter referred to as the "Act", and to refer small business stationary sources to appropriate entities for assistance in compliance with article nineteen of the environmental conservation law and the Act. For purposes of this section a small business stationary source shall have the same meaning as in section 19-0313 of the environmental conservation law.

2. The department shall, through the small business stationary source ombudsman program, perform all functions necessary to implement the requirements of section 7661f of the Act including:

a. soliciting input from small business stationary sources regarding compliance with the Act and article nineteen of the environmental conservation law, including interacting with organizations representing small businesses such as trade associations or other entities;

b. participating in, and facilitating and promoting the participation of small business stationary sources in the development and implementation of rules and regulations adopted pursuant to article nineteen of the environmental conservation law;

c. participating in, and sponsoring meetings with the department of environmental conservation, local air pollution control agencies, industry groups and small business representatives;

d. providing guidance and recommendations to the department of environmental conservation on the development, content and operation of the small business stationary source technical and environmental compliance assistance program as created by section 19-0313 of the environmental conservation law;

e. distributing to small business stationary sources information and materials on the requirements of the Act and article nineteen of the environmental conservation law;

f. reporting to the small business stationary source compliance advisory panel as established pursuant to section 19-0315 of the environmental conservation law on any problems or difficulties experienced by small business stationary sources in complying with article nineteen of the environmental conservation law and the Act, including the degree and severity of enforcement;

g. aiding in the investigation and resolution of complaints and disputes from small business stationary sources against the department of environmental conservation and local air pollution control authorities;

h. conducting periodic evaluations of all aspects of the small business stationary source technical and environmental compliance assistance program as identified under section 19-0313 of the environmental conservation law including reviewing the work and services of the program with trade associations and representatives of small business;

i. reviewing and providing comments and recommendations to the United States environmental protection agency and the department of environmental conservation regarding the development and implementation of regulations that impact small business stationary sources;

j. arranging for and assisting in the preparation of guidance documents by the small business stationary source technical and environmental compliance assistance program as required pursuant to section 19-0313 of the environmental conservation law to ensure that the language is readily understandable by the lay person;

k. referring small business stationary sources to specialists for information and assistance on affordable alternative technologies, process changes, products and operational methods to help reduce air pollution;

l. providing information to small business stationary sources on state-sponsored programs offering financial and technical assistance, and in locating sources of funding for compliance with the requirements of article nineteen of the environmental conservation law and the Act; and m. establishing procedures for assuring the confidentiality of information received from small business stationary sources.

3. The provisions of article six of the public officers law shall not apply to records containing information supplied by small business stationary sources pursuant to the provisions of this section.

N.Y. Economic Development Law § 137