senate Bill S585

Relates to the general civil penalty of the environmental conservation law

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

Relates to the general civil penalty of the environmental conservation law; provides that in addition to the fines, such person may be enjoined from continuing such violation and any permit or certificate issued to such person may be revoked or suspended, or a pending renewal application may be denied.

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Bill Details

See Assembly Version of this Bill:
A183
Versions:
S585
Legislative Cycle:
2013-2014
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §71-4003, En Con L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1971, A1645
2009-2010: A5259, A5259
2007-2008: A6903, A6903

Sponsor Memo

BILL NUMBER:S585

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to the general
civil penalty

PURPOSE OF BILL:
To amend the Environmental Conservation Law (ECL) to provide
injunctive relief for ECL violations for which there is no
specifically stated penalty in law.

SUMMARY OF PROVISIONS:
ECL § 71-4003 is amended to provide for injunctive relief, as well as
revocation or suspension of a permit or certificate or denial of a
pending renewal application, for violations of the ECL where the
penalty is not otherwise specifically provided.

EXISTING LAW:
ECL § 71-4003 provides for a civil penalty of $500 for the initial
violation, and an additional $500 for each day the violation continues.

LEGISLATIVE HISTORY:
2012: Senate Bill
1971 (Gianaris) - Died in Senate Environmental
Conservation Committee
2012: Assembly Bill
1645 (Kavanagh) - Died in Assembly
Environmental Conservation Committee
2010: Assembly Bill
5259 (Gianaris) - Died in Assembly
Environmental Conservation Committee
2008: Assembly Bill
6903 (Gianaris) - Died in Assembly
Environmental Conservation Committee
2006: Senate Bill
4114 (Marcellino) - Died in Senate Environmental
Conservation Committee
2006: Assembly Bill
7601 (Gianaris) - Died in Assembly Codes
Committee

STATEMENT IN SUPPORT:
Typically, the relevant provisions of the ECL give the Commissioner
specific authority to assess monetary civil penalties and to direct
injunctive relief in redress of violations of such provisions.
However, before passage of ECL § 71-4003 providing for a general civil
penalty, there were certain ECL violations for which there was no
stated penalty in law. When the Legislature enacted ECL § 71-4003 in
1977 (formerly § 71-3903), it provided for the assessment of a
monetary penalty, but not for injunctive relief, for those violations
for which there was no specific penalty provided elsewhere in the
ECL. The Department of Environmental Conservation's experience since
the enactment of ECL § 71-4003 has demonstrated the need to revise
such section to include injunctive
relief.


The nature of certain ECL violations make injunctive relief a more
appropriate remedy than a monetary penalty. Fox example, ECL Article
34, relating to Coastal Erosion Hazard Areas, recognizes the need to
regulate activities and development, including erection of erosion
protective structures, within the coastal erosion hazard areas of New
York to minimize
damage to property and prevent the exacerbation of erosion hazards.
ECL Article 34 has no specific penalty provisions; therefore,
violations of such Article are penalized under ECL § 71-4003. Pursuant
to ECL § 71-40030 the Commissioner may only assess monetary penalties.
However, if a violator has constructed a structure which is
detrimental to a coastal erosion hazard area, it may be more
appropriate to require that the violator remove such structure,
rather than Day a monetary penalty.

In addition, revocation or Suspension of a permit or certificate, or
denial of a renewal application may be a suitable penalty. This would
be especially true where the subject offense involves violation of
the conditions of such permit or certificate. This proposal, in
amending ECL § 71-4003, would allow the Commissioner to utilize the
penalty most appropriate to the nature of the violation.

BUDGET IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   585

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation  to  the
  general civil penalty

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 71-4003 of the environmental conservation  law,  as
amended  by  chapter  99  of  the  laws  of  2010, is amended to read as
follows:
S 71-4003. General civil penalty.
  Except as otherwise specifically provided elsewhere in this chapter, a
person who violates any provision of this chapter, or  any  rule,  regu-
lation or order promulgated pursuant thereto, or the terms or conditions
of  any  permit, CERTIFICATE OR ORDER issued thereunder, shall be liable
[to] FOR a civil penalty of not more than one thousand dollars,  and  an
additional  civil penalty of not more than one thousand dollars for each
day during which each such violation continues; AND IN ADDITION THERETO,
SUCH PERSON MAY BE ENJOINED FROM  CONTINUING  SUCH  VIOLATION,  AND  ANY
PERMIT OR CERTIFICATE ISSUED TO SUCH PERSON MAY BE REVOKED OR SUSPENDED,
OR  A  PENDING  RENEWAL  APPLICATION MAY BE DENIED.   Any civil penalty,
INJUNCTIVE RELIEF, OR PERMIT OR CERTIFICATE  REVOCATION,  SUSPENSION  OR
DENIAL  provided for by this [chapter] SECTION may be assessed following
a hearing or opportunity to be heard.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01377-01-3

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