Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 01, 2016 |
print number 2776a |
Feb 01, 2016 |
amend and recommit to environmental conservation |
Jan 06, 2016 |
referred to environmental conservation |
Jan 29, 2015 |
referred to environmental conservation |
Senate Bill S2776A
2015-2016 Legislative Session
Sponsored By
(D, WF) 28th Senate District
Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
co-Sponsors
(D, WF) 47th Senate District
2015-S2776 - Details
- Current Committee:
- Senate Environmental Conservation
- Law Section:
- Environmental Conservation Law
- Laws Affected:
- Add Art 71 Title 45 §§71-4501 - 71-4513, amd §71-1311, En Con L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S1730
2011-2012: S891
2013-2014: S3424
2017-2018: S5612
2015-S2776 - Sponsor Memo
BILL NUMBER:S2776 TITLE OF BILL: An act to amend the environmental conservation law, in relation to enforcement actions for violations of such law PURPOSE OR GENERAL IDEA: To enable injured parties, who demonstrate standing, the ability to seek abatement of ongoing violations of certain titles of the Environmental Conservation Law (ECL). SUMMARY OF SPECIFIC PROVISIONS: The bill adds a new Title 45 to Article 71 of the ECL. The bill authorizes an injured party with requisite standing to commence a civil judicial action to abate violations of existing law under specific circumstances. Such party may, under these circumstances, commence a civil action in a court of competent jurisdiction solely for injunctive relief against any person who is alleged to be in violation of any rule, regulation, Permit, certificate or order promulgated or issued pursuant to: sections 15-0501, 15-0503 or 15-0505 of Title 5 and Title 27 of Article 15 (Protection or Waters and Water Supply), Titles 5, 7, 3, 10 or 17 of Article 17, Articles 23, 21, 25 or 40 (Water pollution Control, Mineral Resources,
2015-S2776 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2776 2015-2016 Regular Sessions I N S E N A T E January 29, 2015 ___________ Introduced by Sens. KRUEGER, HOYLMAN -- 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 enforcement actions for violations of such law THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Article 71 of the environmental conservation law is amended by adding a new title 45 to read as follows: TITLE 45 ENVIRONMENTAL LAW ENFORCEMENT ACT SECTION 71-4501. ENFORCEMENT ACTIONS. 71-4503. NOTICE OF ACTION. 71-4505. INTERVENTION. 71-4507. APPROVAL OF SETTLEMENTS. 71-4509. COSTS, FEES AND PENALTIES. 71-4511. APPLICABILITY IN THE ADIRONDACK PARK. 71-4513. SAVINGS CLAUSE. S 71-4501. ENFORCEMENT ACTIONS. 1. EXCEPT AS OTHERWISE PROVIDED IN SECTION 71-4503 OF THIS TITLE, ANY PERSON WHO HAS OR MAY SUFFER AN INJURY IN FACT, STEMMING FROM AN ALLEGED VIOLATION, AND REDRESSABLE FROM THE ABATEMENT OF THAT VIOLATION, MAY COMMENCE A CIVIL ACTION IN A COURT OF COMPETENT JURISDICTION FOR INJUNC- TIVE AND DECLARATORY RELIEF PURSUANT TO SUBDIVISION TWO OF THIS SECTION AGAINST ANY PERSON WHO IS ALLEGED TO BE IN VIOLATION OF ANY RULE, REGU- LATION, PERMIT, CERTIFICATE OR ORDER PROMULGATED OR ISSUED PURSUANT TO THE FOLLOWING PROVISIONS OF THIS CHAPTER: A. SECTION 15-0501, 15-0503 OR 15-0505; OR B. TITLE 27 OF ARTICLE 15; OR C. TITLE 5, 7, 8, 10 OR 17 OF ARTICLE 17; OR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05688-01-5
co-Sponsors
(D, WF) 47th Senate District
2015-S2776A (ACTIVE) - Details
- Current Committee:
- Senate Environmental Conservation
- Law Section:
- Environmental Conservation Law
- Laws Affected:
- Add Art 71 Title 45 §§71-4501 - 71-4513, amd §71-1311, En Con L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S1730
2011-2012: S891
2013-2014: S3424
2017-2018: S5612
2015-S2776A (ACTIVE) - Sponsor Memo
BILL NUMBER: S2776A TITLE OF BILL : An act to amend the environmental conservation law, in relation to enforcement actions for violations of such law PURPOSE OR GENERAL IDEA : To enable injured parties, who demonstrate standing, the ability to seek abatement of ongoing violations of certain titles of the Environmental Conservation Law (ECL). SUMMARY OF SPECIFIC PROVISIONS : The bill adds a new Title 45 to Article 71 of the ECL. The bill authorizes an injured party with requisite standing to commence a civil judicial action to abate violations of existing law under specific circumstances. Such party may, under these circumstances, commence a civil action in a court of competent jurisdiction solely for injunctive relief against any person who is alleged to be in violation of any rule, regulation, Permit, certificate or order promulgated or issued pursuant to: sections 15-0501, 15-0503 or 15-0505 of Title 5 and Title 27 of Article 15 (Protection or Waters and Water Supply), Titles 3, 7, 9, 13 or 17 of Article 17, Articles 23, 24, 25 or 40 (Water pollution Control, Mineral Resources, Freshwater Wetlands, Tidal Wetlands, and Hazardous Substances Bulk storage), or Title 3, 7, 9 or 13 of Article 27; Solid, Infectious and
2015-S2776A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2776--A 2015-2016 Regular Sessions I N S E N A T E January 29, 2015 ___________ Introduced by Sens. KRUEGER, HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- recommitted to the Committee on Environmental Conser- vation in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the environmental conservation law, in relation to enforcement actions for violations of such law THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Article 71 of the environmental conservation law is amended by adding a new title 45 to read as follows: TITLE 45 ENVIRONMENTAL LAW ENFORCEMENT ACT SECTION 71-4501. ENFORCEMENT ACTIONS. 71-4503. NOTICE OF ACTION. 71-4505. INTERVENTION. 71-4507. APPROVAL OF SETTLEMENTS. 71-4509. COSTS, FEES AND PENALTIES. 71-4511. APPLICABILITY IN THE ADIRONDACK PARK. 71-4513. SAVINGS CLAUSE. S 71-4501. ENFORCEMENT ACTIONS. 1. EXCEPT AS OTHERWISE PROVIDED IN SECTION 71-4503 OF THIS TITLE, ANY PERSON WHO HAS OR MAY SUFFER AN INJURY IN FACT, STEMMING FROM AN ALLEGED VIOLATION, AND REDRESSABLE FROM THE ABATEMENT OF THAT VIOLATION, MAY COMMENCE A CIVIL ACTION IN A COURT OF COMPETENT JURISDICTION FOR INJUNC- TIVE AND DECLARATORY RELIEF PURSUANT TO SUBDIVISION TWO OF THIS SECTION AGAINST ANY PERSON WHO IS ALLEGED TO BE IN VIOLATION OF ANY RULE, REGU- LATION, PERMIT, CERTIFICATE OR ORDER PROMULGATED OR ISSUED PURSUANT TO THE FOLLOWING PROVISIONS OF THIS CHAPTER: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05688-02-6
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