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New York Environmental Conservation Law Section 5-0107 - Jurisdiction; Functions; Powers And Duties.Legal Research Home > New York Lawyer > Environmental Conservation > New York Environmental Conservation Law Section 5-0107 - Jurisdiction; Functions; Powers And Duties.
§ 5-0107. Jurisdiction; functions; powers and duties.
1. The board shall have the power, duty and responsibility to:
a. Assist the commissioner in the review and appraisal of programs and
activities of state departments and agencies in light of the policy set
forth in section 1-0101 for the purpose of determining the extent to
which such programs and activities are contributing to the achievement
of such policy.
b. Take cognizance of plans, policies and programs of all state
departments and agencies relating to environmental conservation to
facilitate coordination and effective implementation of such plans,
policies, and programs.
c. Provide information to the council and review proposals by the
council as may be requested.
d. Serve as a working forum for the exchange of views, concerns,
ideas, information and recommendations relating to the quality of the
environment.
e. Establish such advistory committees as may be necessary and
convenient.
2. Each environmental standard, criterion and rule and regulation
having the effect thereof, and change thereto prepared and proposed by
the commissioner pursuant to subdivision 2 of section 3-0301 shall be
submitted to the board for approval. Unless otherwise provided in this
subdivision, approval shall be effected by the affirmative vote of a
majority of the members of the board. Written votes executed by members
absent from a board meeting shall be allowed if received by the
executive secretary within ten days after the board meeting. The board
shall tender in writing such approval or a denial of approval sixty days
after receipt of a full statement of such submitted matter. Failure of
the board to so act within such sixty day period shall be deemed
approval by it of such environmental standard, criterion, rule or
regulation or change thereto. If the board refuses to approve the
submitted matter, the commissioner shall not act contrary to such
denial. The board shall support such denial by filing with the
commissioner its reasons therefor.
3. The board shall exercise and perform such other functions, powers
and duties as may be requested by the chairman.
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Last modified: August 24, 2006 |