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What is NYC AC § 24-105?

Quick Answer

This section grants the commissioner the authority to control air contaminant emissions that may harm public health, safety, or property. The commissioner can adopt necessary rules and appoint an advisory committee for guidance on emissions control technologies. Applies to entities involved in air quality management and emissions control.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 24-105 General powers of the commissioner.

AC § 24-105

(a)Subject to the provisions of this code, the commissioner may take such action as may be necessary to control the emission of any air contaminant that causes or may cause, by itself or in combination with other air contaminants, detriment to the safety, health, welfare or comfort of the public or to a part thereof, injury to plant and animal life, or damage to property or business. The commissioner may exercise or delegate any of the functions, powers and duties vested in him or her or in the department by this code. The commissioner may adopt such rules, regulations and procedures as may be necessary to effectuate the purposes of this chapter, including rules, regulations and procedures to establish fees and to authorize and encourage the development and use of environmentally beneficial technologies.

(b)The commissioner shall appoint an advisory committee, which shall include but need not be limited to representatives of the restaurant industry and related industries, representatives of the construction industry, representatives of the environmental protection and environmental justice communities, persons with expertise regarding the health effects of pollutants associated with cooking devices, and may include employees of the department and of other relevant city agencies. The city council may appoint a representative to serve on the committee. The committee shall provide advice and recommendations to the department relating to the development and use of emissions control technologies for commercial char broilers and shall assist the department in the development of rules regarding emissions control technologies. The commissioner shall consult with the committee regarding any proposed amendments of such rules. In the development of such rules the commissioner shall consider factors such as the availability and cost of proposed technologies. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)

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