§ 3-0301 — General functions, powers and duties of the department and the commissioner

§ 3-0301. General functions, powers and duties of the department and the\n commissioner.\n 1. It shall be the responsibility of the department, in accordance\nwith such existing provisions and limitations as may be elsewhere set\nforth in law, by and through the commissioner to carry out the\nenvironmental policy of the state set forth in section 1-0101 of this\nchapter. In so doing, the commissioner shall have power to:\n a. Coordinate and develop policies, planning and programs related to\nthe environment of the state and regions thereof;\n b. Promote and coordinate management of water, land, fish, wildlife\nand air resources to assure their protection, enchancement, provision,\nallocation, and balanced utilization consistent with the environmental\npolicy of the state and take into account the cumulative impact upon all\nof such resources in making any determination in connection with any\nlicense, order, permit, certification or other similar action or\npromulgating any rule or regulation, standard or criterion;\n bb. Prescribe the qualifications for operators of public sewage\ntreatment plants.\n c. Provide for the propagation, protection, and management of fish and\nother aquatic life and wildlife and the preservation of endangered\nspecies;\n cc. Prescribe and certify the qualifications for operators of solid\nwaste management facilities as defined in section 27-0701 of this\nchapter; provided, however, that the commissioner shall not require the\ncertification of operators until the commissioner shall have identified\nor established programs of training within the state that satisfy such\nqualifications;\n d. Provide for the care, custody, and control of the forest preserve;\n e. Provide for the protection and management of marine and coastal\nresources and of wetlands, estuaries and shorelines;\n f. Foster and promote sound practices for the use of agricultural\nland, river valleys, open land, and other areas of unique value;\n g. Encourage industrial, commercial, residential and community\ndevelopment which provides the best usage of land areas, maximizes\nenvironmental benefits and minimizes the effects of less desirable\nenvironmental conditions;\n gg. Develop a plan to maximize the use of telecommuting to conserve\nenergy otherwise used by the personnel of the department in commuting to\ntheir assigned workplace. Within one year of the effective date of this\nparagraph, the department shall submit a report to the governor and the\nlegislature on the impact of such plan to include, but not be limited\nto, energy conservation, air quality, workforce acceptance, office costs\nand potential cost savings.\n h. Assure the preservation and enhancement of natural beauty and\nman-made scenic qualities;\n hh. Cooperate with the office of probation and correctional\nalternatives by identifying appropriate worksites where persons\nperforming community service as part of a criminal disposition may be\nassigned to provide cleanup and other maintenance services in order to\npreserve and enhance the state's natural beauty and human-made scenic\nqualities. Such sites may include but are not limited to the state's\nshorelines, beaches, parks, roadways, historic sites and other natural\nor human-made resources.\n i. Provide for prevention and abatement of all water, land and air\npollution including, but not limited to, that related to hazardous\nsubstances, particulates, gases, dust, vapors, noise, radiation, odor,\nnutrients and heated liquids;\n j. Promote control of pests and regulate the use, storage and disposal\nof pesticides and other chemicals which may be harmful to man, animals,\nplant life, or natural resources;\n k. Promote control of weeds and aquatic growth, develop methods of\nprevention and eradication, and regulate herbicides;\n l. Provide and recommend methods for the recovery, recycling and\nreuse; or, where recycling and reuse are not possible, the disposal of\nsolid wastes, including domestic and industrial refuse, junk cars,\nlitter and debris consistent with sound health, scenic, environmental\nquality, and land use practices;\n m. Prevent pollution through the regulation of the storage, handling\nand transport of solids, liquids and gases which may cause or contribute\nto pollution;\n n. Promote restoration and reclamation of degraded or despoiled areas\nand natural resources;\n o. Encourage recycling and reuse of products to conserve resources and\nreduce waste products;\n p. Administer properties having unique natural beauty, wilderness\ncharacter, or geological, ecological or historical significance\ndedicated by law to the state nature and historical preserve;\n q. Formulate guides for measuring presently unquantified environmental\nvalues and relationships so they may be given appropriate consideration\nalong with social, economic, and technical considerations in\ndecision-making;\n r. Encourage and undertake scientific investigation and research on\nthe ecological process, pollution prevention and abatement, recycling\nand reuse of resources, and other areas essential to understanding and\nachievement of the environmental policy;\n s. Assess new and changing technology and development patterns to\nidentify long-range implications for the environment and encourage\nalternatives which minimize adverse impact;\n t. Monitor the environment to afford more effective and efficient\ncontrol practices, to identify changes and conditions in ecological\nsystems and to warn of emergency conditions;\n u. Encourage activities consistent with the purposes of this chapter\nby advising and assisting local governments, institutions, industries,\nand individuals;\n v. Undertake an extensive public information and education program to\ninform and involve other public and private organizations and groups and\nthe general public in the commitment to the principles and practices of\nenvironmental conservation and develop programs for the teaching by\nothers of such principles and practices;\n w. Cooperate with the executive, legislative and planning authorities\nof the United States, neighboring states and their municipalities and\nthe Dominion of Canada in furtherance of the policy of this state as set\nforth in section 1-0101;\n x. Exercise and perform such other functions, powers and duties as\nshall have been or may be from time to time conveyed or imposed by law,\nincluding, but not limited to, all the functions, powers and duties\nassigned and transferred to the department from the Department of\nHealth, Conservation Department, Department of Agriculture and Markets,\nand Office for Local Government in the Executive Department by chapter\n140 of the laws of 1970.\n y. To prevent and control air pollution emergencies, as defined in\nsubdivision 1 of section 1-0303 hereof. In exercising such prevention\nand control the department and the commissioner may limit the\nconsumption of fuels and use of vehicles, curtail or require the\ncessation of industrial processes and limit or require the cessation of\nincineration and open burning, and take any other action he may deem\nnecessary to prevent and/or control air pollution emergencies. The\ndepartment and commissioner shall adopt and implement by rule and\nregulation a plan designed to prevent and control such air pollution\nemergencies.\n z. Within amounts appropriated to the department, to contract, outside\nthe city of New York, with federally-funded nonprofit organizations that\nare organized for the purpose of beautification of highways, parks and\nrecreation areas and employ persons sixty years of age or older whose\nnet annual income does not exceed one thousand dollars to carry out such\nactivities. The contract shall name the organization, the amount and\nmanner of payment for the service to be rendered, nature of such\nservice, the rendering of a verified account of the disbursements and\nverified or certified vouchers therefor attached, a refund of any unused\namount, and such other conditions upon the use thereof as may be deemed\nproper.\n 2. To further assist in carrying out the policy of this state as\nprovided in section 1-0101 of the chapter the department, by and through\nthe commissioner, shall be authorized to:\n a. Adopt, amend or repeal environmental standards, criteria and those\nrules and regulations having the force and effect of standards and\ncriteria to carry out the purposes and provisions of this act. Any such\nenvironmental standard, criterion, rule or regulation or change thereto\nshall become effective thirty days after being filed with the Secretary\nof State for publication in the "Official Compilation of Codes, Rules,\nand Regulations of the State of New York" published pursuant to section\none hundred two of the Executive Law. This provision shall not in any\nway restrict the commissioner in the exercise of any function, power or\nduty transferred to him or her and heretofore authorized to be exercised\nby any other department acting through its commissioner to promulgate,\nadopt, amend or repeal any standards, rules and regulations. No such\nenvironmental standards, criterion, rule or regulation or change thereto\nshall be proposed for approval unless a public hearing relating to the\nsubject of such standard shall be held by the commissioner prior thereto\nnot less than sixty days after date of notice therefor, any provision of\nlaw to the contrary notwithstanding. Notice shall be given by public\nadvertisement of the date, time, place and purpose of such hearing.\n aa. (1) A "construction emergency" is damage to or an imminent danger\nof failure, or the malfunction of buildings, structures or property\ncaused by a sudden and unexpected occurrence which involves a pressing\nnecessity for immediate repair, reconstruction or maintenance in order\nto permit the safe continuation of necessary public use or function, or\nto protect the property of the state of New York, or the life, health or\nsafety of any person.\n (2) Whenever the commissioner determines and declares that a\nconstruction emergency exists, the commissioner may have immediate work\nperformed to protect life, limb, property, public health or safety, or\nessential services by utilizing the services of a contractor selected in\naccordance with procedures developed by the department and approved by\nthe state comptroller.\n (3) Such procedures shall provide for consideration of solicitation of\nsufficient competition to the extent practicable, from responsible\ncontractors representative of the contracting community by inviting at\nleast five contractors who are capable of performing such work;\npermitting said contractors to examine the site and submit bids for the\nrequired emergency restoration work at a time and place to be determined\nby the commissioner; and submission of a notice of emergency award for\npublication in the procurement opportunities newsletter as soon as\npracticable after the award.\n (4) Such emergency work shall reasonably be expected to be completed\nwithin a period of thirty days and emergency contracts shall be let only\nfor work necessary to remedy or alleviate a construction emergency.\n (5) If the selected contractor is already under contract to the\ndepartment such work may be undertaken as additional work on the\nexisting contract, notwithstanding the existing scope of work.\n (6) The commissioner shall promptly notify the office of the state\ncomptroller, the office of the attorney general, and the office of the\ndivision of the budget, and shall provide an estimate of the cost and\nduration of the emergency work.\n b. Enter into contracts with any person to do all things necessary or\nconvenient to carry out the functions, powers and duties of the\ndepartment.\n bb. Develop and implement an "I Love New York Fishing" passbook\nprogram to encourage additional fishing in this state. The program shall\nbe administered according to the provisions of subdivision five of\nsection 11-1307 of this chapter.\n c. Review and appraise programs and activities of state departments\nand agencies in light of the policy set forth in section 1-0101 of this\nchapter for the purpose of determining the extent to which such programs\nand activities are contributing to the achievement of such policy and to\nmake recommendations to such departments and agencies with respect\nthereto, including but not limited to, environmental guidelines for\ntheir use.\n cc. Cooperate with the department of agriculture and markets, the\nenvironmental facilities corporation, and other state agencies and\npublic authorities to establish methods to facilitate loans to eligible\nborrowers to prevent and control non-point source water pollution and to\ndevelop educational materials for potential borrowers, including,\nwithout limitation, members of the agricultural community, about the\nlow-interest loans available through the water pollution control linked\ndeposit program and to develop an application form to be provided to\nlenders for the linked deposit loan requests. The department may\npromulgate rules and regulations necessary and reasonable for the\noperation of the program.\n d. Consult with and co-operate with:\n (1) Officials of departments and agencies of the state having duties\nand responsibilities concerning the environment;\n (2) Officials and representatives of any public benefit corporation in\nthe state;\n (3) Officials and representatives of the federal government, of other\nstates and of interstate agencies on problems affecting the environment\nof this state;\n (4) Persons, organizations and groups, public and private, utilizing,\nserved by, interested in or concerned with the environment in the state;\n (5) The appropriate committee or committees of the Legislature.\n e. Appear and participate in proceedings before any federal regulatory\nagency involving or affecting the purposes of this department.\n f. Undertake any studies, inquiries, surveys or analyses it may deem\nrelevant through the personnel of the department or in co-operation with\nany public or private agencies, including educational, civic and\nresearch organizations, colleges, universities, institutes or\nfoundations, for the accomplishment of the purposes of the department.\n g. Enter and inspect any property or premises for the purpose of\ninvestigating either actual or suspected sources of pollution or\ncontamination or for the purpose of ascertaining compliance or\nnoncompliance with any law, rule or regulation which may be promulgated\npursuant to this chapter. Any information relating to secret processes\nor methods of manufacture shall be kept confidential.\n h. Conduct investigations and hold hearings and compel the attendance\nof witnesses and the production of accounts, books, documents, and\nnondocumentary evidence by the issuance of a subpoena.\n i. Advise and cooperate with municipal, county, regional and other\nlocal agencies and officials within the state, to carry out the purposes\nof chapter 140 of the laws of 1970.\n j. Act as the official agency of the state in all matters affecting\nthe purposes of the department under any federal laws now or hereafter\nto be enacted, and as the official agency of a county, town, city,\nvillage or authority in connection with the grant or advance of any\nfederal or other funds or credits to the state or through the state to\nits local governing bodies for the purposes of chapter 140 of the laws\nof 1970.\n k. Report from time to time to the Governor and make an annual report\nto the Governor and the Legislature.\n l. Formulate and execute contracts, keep accounts, record personnel\ndata, acquire real or personal property, including acquisition by\ncondemnation, appropriation, gift grant, devise or bequest, adjust\nclaims, compile statistics and engage in research opportunities; all\naccording to the statutes or department orders and regulations in such\ncases made and provided.\n m. Adopt such rules, regulations and procedures as may be necessary,\nconvenient or desirable to effectuate the purposes of this chapter.\n n. Study, monitor, control and regulate pollution from motor vehicle\nexhaust emissions.\n o. When requested to do so by another state with which New York has\nreciprocally agreed to provide personnel and equipment, provide such\npersonnel and equipment for use in suppression of forest fires upon\nlands within such other state.\n p. Notwithstanding any other provision of this chapter, delegate to\nmunicipal health or environmental departments or agencies or other\nappropriate governmental entities including the state soil and water\nconservation committee and the soil and water conservation districts,\nany of which shall meet such qualifications relating to adequate\nauthority, expertise, staff, funding and other matters as may be\nprescribed, such functions of review, approval of plans, issuance of\npermits, licenses, certificates or approvals required or authorized by\nthis chapter as the commissioner may deem appropriate in order to\nexpedite the review of matters within the jurisdiction of the\ndepartment, to provide for better coordination among different levels of\ngovernment or to enhance environmental protection, subject to such\nconditions as he may establish. The powers delegated pursuant to this\npart may be withdrawn by the commissioner, at any time, upon thirty days\nwritten notice to the department, agency or other governmental entity\nincluding the state soil and water conservation committee and the soil\nand water conservation districts holding such powers by virtue of this\nparagraph.\n q. Require that a written instrument submitted pursuant to this\nchapter or a rule or regulation adopted pursuant hereto contain a form\nnotice to the effect that false statements made therein are punishable\npursuant to section 210.45 of the penal law.\n r. Notwithstanding the provisions of article six of the public\nofficers law, deny access to inspection of records which identify\nlocations of habitats of species designated endangered pursuant to\nsection 11-0535 of this chapter, protected pursuant to section 9-1503 of\nthis chapter or any other species or unique combination of species of\nflora or fauna where the destruction of such habitat or the removal of\nsuch species therefrom would impair their ability to survive provided,\nhowever, that the commissioner may, in his discretion permit access to\nsuch inspection to persons engaged in legitimate scientific and academic\nresearch.\n s. Coordinate and conduct Arbor day ceremonies on the last Friday of\nApril in cooperation with the department of education and the department\nof agriculture and markets.\n t. Establish a program, in consultation with the conservation fund\nadvisory council for the sale of limited edition prints of fish and\nwildlife paintings with the proceeds to be credited to the conservation\nfund established pursuant to section eighty-three of the state finance\nlaw.\n u. Notwithstanding any other provisions of this chapter, establish a\nprogram to offer for sale to the public of items symbolic of\ncontributions made to support department activities performed as steward\nof lands under its jurisdiction. The terms upon which such items will be\navailable and the relevant donations for such items shall be set forth\nin regulations to be promulgated by the commissioner provided, however,\nthat no such item shall be offered unless the amount of such donation\nexceeds the value of the item. All receipts of the department from such\ncontributions shall be deposited in and separately accounted for in an\naccount in the miscellaneous state special revenue fund, expenditures\nfrom which shall be limited to the activities of the department pursuant\nto this paragraph and activities performed as steward of lands under its\njurisdiction.\n v. Except for the forest preserve which is under the care, custody and\ncontrol of the department pursuant to paragraph d of subdivision one of\nthis section and subdivision one of section 9-0105 of this chapter,\nadminister and manage the real property under the jurisdiction of the\ndepartment for the purpose of preserving, protecting and enhancing the\nnatural resource value for which the property was acquired or to which\nit is dedicated, employing all appropriate management activities.\n w. Shall prepare and submit to the federally appointed "Aquatic\nNuisance Species Task Force" two comprehensive management plans, after\nnotice and opportunity for public comment, for funding of New York state\nactivities under the Federal Non-indigenous Aquatic Nuisance Prevention\nand Control Act of 1990, Public Law 101-646, by January 1, 1992. One\nsuch plan shall identify those areas or activities within the state,\nother than those related to public facilities, where technical and\nfinancial assistance is needed within the state to eliminate or reduce\nenvironmental, public health and safety risks and to mitigate the\nfinancial impact upon the state associated with non-indigenous aquatic\nspecies, particularly zebra mussels. The other plan shall be a "public\nfacility management plan" which is limited solely to identifying those\npublic facilities within the state for which technical and financial\nassistance is needed to reduce infestations of zebra mussels. Each plan\nshall identify the management practices and measures that will be\nundertaken to reduce infestations of aquatic nuisance species,\nespecially zebra mussels, and include the following: (1) a description\nof the state and local programs for environmentally sound prevention and\ncontrol of the target species; (2) a description of federal activities\nthat may be needed for environmentally sound prevention and control of\naquatic nuisance species and a description of the manner in which those\nactivities should be coordinated with state and local government\nactivities; and (3) a schedule for implementing the plan, including a\nschedule of annual objectives. In developing and implementing these\nmanagement plans, the department shall, to the maximum extent\npracticable, involve local governments, regional entities and public and\nprivate organizations that have expertise in the control of aquatic\nnuisance species. Copies of these plans shall also be submitted to the\ntemporary president of the senate and the speaker of the assembly, and\nthe department shall annually, on or before January first, submit to the\ntemporary president of the senate and speaker of the assembly a report\non the activities of the department under these plans.\n x. Consistent with paragraph v of subdivision 1 of this section, offer\nfor sale advertising or corporate sponsorship space in various\ndepartmental publications, including but not limited to "The\nConservationist", the annual compilation and syllabus of laws, rules and\nregulations governing fish and wildlife as required by section 11-0323\nof this chapter, and offer for sale informational and promotional\nmaterial related to lands, facilities and resources under the\njurisdiction of the department. Any proceeds realized from the sale of\nadvertising or corporate sponsorships shall be deposited in a special\nrevenue account to be selected by the department and the division of the\nbudget except that proceeds from advertising or corporate sponsorship in\n"The Conservationist" shall be deposited in the environmental\nconservation special revenue fund, "The Conservationist" magazine\naccount, and proceeds from advertising or corporate sponsorship in the\nannual compilation and syllabus of laws, rules and regulations governing\nfish and wildlife as required by section 11-0323 of this chapter shall\nbe deposited in the conservation fund.\n * y. The department, by contract or otherwise, is hereby authorized to\nengage in games, contests or other promotions or advertising schemes or\nplans, hereinafter referred to as "an event or events," which are\nintended to increase, improve, stabilize or otherwise assist in\ndevelopment of the subscriber base of "The Conservationist" in\naccordance with the following:\n (1) An event may include sweepstakes and other similar marketing\ntechniques intended to heighten public awareness, interest and\nparticipation in department programs including but not limited to\npurchasing of subscriptions, licenses, or camping permits.\n (2) The department is authorized to offer the opportunity to receive\ngifts, prizes or gratuities, as determined by chance, without any\nconsideration therefor.\n (3) The department shall develop a statement, which shall be included\nin any and all promotions of an event, which shall contain the following\ninformation:\n (i) the minimum number of entry forms to be made available;\n (ii) the minimum number of prizes that shall be included in the event;\n (iii) the proportionate opportunity of winning prizes;\n (iv) the minimum value of prizes to be made available;\n (v) the rules pertaining to the event, which shall include the period\nof time and the geographic area to be covered by the event and which\nshall not be subject to the rulemaking procedures of the state\nadministrative procedure act; and\n (vi) such additional information as may be deemed in the best\ninterests of the state as determined by the commissioner.\n (4) The department is authorized to accept donations for the purposes\nof providing publicity, prizes, incentives or other inducements for\nparticipation in the event. Donations may be of goods and services,\nshall not exceed five thousand dollars in value, per donor per contest,\nand must be of a nature consistent with the purposes of the department,\nand in the best interests of the state as determined by the\ncommissioner.\n * NB Repealed August 1, 2027\n z. Issue and amend guidance memoranda and similar documents of general\napplicability which are to be relied upon by department personnel for\nimplementation of this chapter, and rules and regulations promulgated\npursuant thereto, and for guidance to the general public in complying\nwith the requirements of this chapter; provided, however, that (1) in no\nevent shall any such document be issued by the department in violation\nof the state administrative procedure act where and to the extent that a\nduly promulgated rule or regulation would be required, and (2) no such\ndocument shall be implemented until thirty days after the full text, or\na summary thereof, along with information on how the full text may be\nobtained, has been published in the environmental notice bulletin, as\ndefined in section 70-0105 of this chapter. At a minimum, the full text\nof each such document shall be made available by the department on and\nafter the date of such publication to the public upon request, and, in\naddition, at least one copy shall be made available in the department's\nmain office and in each regional office for public inspection. The\ndepartment shall publish and invite public comment on a draft version of\nany such document, unless it determines that to do so would delay or\notherwise impede compliance with the underlying statute or regulation,\nprovided that, when a document is issued without making provisions for\npublic comment, the department shall also publish its reason or reasons\nfor deeming such provisions inappropriate. This paragraph shall not\napply to (i) declaratory rulings issued pursuant to section two hundred\nfour of the state administrative procedure act or (ii) documents which\nonly concern the internal management of the agency and which do not have\nany effect on the rights of or procedures or practices available to the\npublic. Each January, the department shall publish in the environmental\nnotice bulletin an index of its existing guidance documents, and\nindicate how the full text thereof may be obtained; provided, however,\nthat the secretary of state may exempt the department from compliance\nwith this publication requirement upon a determination that the\ndepartment has published on its website the full text of all guidance\ndocuments on which it currently relies. The secretary of state shall\npublish a notice of such determination identifying the website in the\nstate register.\n 2-a. a. To further assist in carrying out the policy of this state as\nprovided in section 1-0101 of this chapter, the department, by and\nthrough the commissioner shall:\n (1) authorize and encourage the use of nature-based solutions as the\npreferred alternative, where appropriate, for stabilizing tidal\nshorelines in the state when promulgating and implementing rules and\nregulations relating thereto, specifically including, but not limited\nto, those promulgated and implemented for articles fifteen, twenty-five\nand thirty-four of this chapter. The department shall consult with the\nUnited States army corps of engineers to ensure the minimization of\nconflicts with federal law and regulation.\n (2) continue developing integrated guidance for the management of\ntidal shoreline systems to provide a technical basis for the\ncoordination of permit decisions required by any regulatory entity\nexercising authority over a shoreline management project. Such guidance\nshall:\n (i) communicate to stakeholders and regulatory authorities that it is\nthe policy of the state that some shorelines shall remain natural unless\nstabilization is necessary, and when stabilization is deemed necessary,\nit shall support nature-based solutions as the preferred alternative for\nstabilizing tidal shorelines;\n (ii) identify preferred shoreline management approaches for the\nshoreline and community types found in the state;\n (iii) explain the risks and benefits of protection provided by various\nshoreline system elements associated with each management option; and\n (iv) recommend procedures to achieve efficiency and effectiveness by\nthe various regulatory entities exercising authority over a shoreline\nmanagement project.\n (3) give preference to a permit application for a shoreline management\nproject based on nature-based solution design unless an alternative\nanalysis containing a review of nature-based solutions that have been\nevaluated using the best available information shows that such\napproaches are not suitable. If this analysis shows that a nature-based\nsolution approach is unsuitable or inconsistent with land-use\nregulations, the department shall require the applicant to incorporate,\nto the maximum extent possible, elements of a nature-based solution that\nare suitable for the project where appropriate.\n b. (1) For the purposes of this subdivision, "nature-based solution"\nshall have the same meaning as defined in subdivision twenty-six of\nsection 1-0303 of this chapter and shall specifically mean techniques\napplied within the tidal zone that incorporate natural, native living\nfeatures.\n (2) When considering a nature-based solution the department should\nprioritize techniques, including but not limited to those that:\n (i) control or reduce shoreline erosion while maintaining benefits\ncomparable to the natural shoreline including, but not limited to,\nallowing for natural sediment movement;\n (ii) improve, restore, or maintain the connection between the upland\nand water habitats; and\n (iii) incorporate habitat enhancement and natural elements, including\nbut not limited to native re-vegetation or establishment of new\nvegetation consistent with a natural shoreline typical of the current\nsite location either:\n (A) under current conditions, or\n (B) as adjusted for science-based state sea-level rise projections,\nutilizing the appropriate projection scenario at a time interval\nappropriate for the anticipated lifespan of the project but not less\nthan twenty years after the anticipated project completion, pursuant to\nsection 3-0319 of this title for such location.\n 3. The department shall not alter the boundaries of any of the nine\nadministrative regions from the boundaries existing on January first,\nnineteen hundred seventy-seven without first holding public hearings in\neach region affected.\n 4. The commissioner shall cooperate with the commissioner of the state\ndepartment of health, district attorneys and the department of law in\nproviding assistance in the investigation and prosecution of violations\nof article twenty-seven of this chapter.\n 5. To facilitate the practice of forestry by electing to comment upon\nproposed local laws or ordinances that may restrict the practice of\nforestry.\n