N.Y. Environmental Conservation Law § 19-0315: Small business stationary source compliance advisory panel

§ 19-0315. Small business stationary source compliance advisory panel.

1. There is hereby established a small business stationary source

compliance advisory panel which shall have the responsibility to:

a. provide guidance to the department on the development of the small

business stationary source technical and environmental compliance

assistance program;

b. render advisory opinions concerning the effectiveness of the small

business stationary source technical and environmental compliance

assistance program, including the adequacy of funding available to the

program, difficulties encountered, and degree and severity of

enforcement;

c. make periodic reports to the commissioner and the administrator of

the United States environmental protection agency concerning the

compliance of the small business stationary source technical and

environmental compliance assistance program with the requirements of the

federal paperwork reduction act, 42 U.S.C. § 3501 et seq.; the

regulatory flexibility act, 42 U.S.C. § 601 et seq.; and the equal

access to justice act, 5 U.S.C. § 504;

d. review information for small business stationary sources to assure

that such information is understandable by the layperson;

e. review and advise the department on the development of rules and

regulations, the state implementation plan as it affects small business

stationary sources, and other programs affecting small business

stationary sources implemented by the department pursuant to the Act;

and

f. make recommendations for the development of programs to further

assist small business stationary sources, including technical and

financial assistance programs.

2. The small business stationary source compliance advisory panel

shall consist of nine members who shall be appointed no later than

November fifteenth, nineteen hundred ninety-three. The panel shall

consist of:

a. two persons, who are not owners or representatives of owners of

small business stationary sources, selected by the governor to represent

the general public;

b. six persons who are owners or who represent owners of small

business stationary sources, two selected by the president pro tem of

the senate, two selected by the speaker of the assembly, one selected by

the minority leader of the senate and one selected by the minority

leader of the assembly; and

c. one person selected by the commissioner to represent the

department.

3. The panel shall meet at least quarterly and shall designate one of

its members, other than the commissioner's representative, to serve as

chairperson. Members of the panel shall serve for terms of three years

from the date of their appointment, except that the members appointed by

the commissioner shall serve at the pleasure of the commissioner.

Members shall serve without compensation, except that they shall be

allowed their actual and necessary expenses incurred in the performance

of their duties pursuant to this section.

4. The department or its designee shall serve as the secretariat for

the panel for development and dissemination of reports and advisory

opinions.