assembly Bill A4272

2009-2010 Legislative Session

Grants private citizens broad authorization to commence civil judicial actions under certain titles of the environmental conservation law

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Sponsored By

Archive: Last Bill Status - Passed Assembly


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 01, 2010 referred to environmental conservation
delivered to senate
passed assembly
Jan 06, 2010 ordered to third reading cal.321
returned to assembly
died in senate
Mar 17, 2009 referred to environmental conservation
delivered to senate
passed assembly
Mar 12, 2009 advanced to third reading cal.228
Mar 10, 2009 reported
Mar 03, 2009 reported referred to codes
Feb 02, 2009 referred to environmental conservation

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A4272 (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:
2011-2012: A4656, A4801
2013-2014: A2047
2015-2016: A5802
2017-2018: A1811, A8965
2019-2020: A1424

A4272 (ACTIVE) - Summary

Enacts "private environmental law enforcement act"; authorizes any private citizen who has an interest which is or may be adversely affected to commence civil judicial actions for injunctive or declaratory relief to remedy environmental harms under certain circumstances; provides that such action may be commenced against any person for any violation of an administrative or court order compelling an investigation or remediation of an inactive hazardous waste disposal site.

A4272 (ACTIVE) - Bill Text download pdf

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

                                  4272

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2009
                               ___________

Introduced  by  M.  of  A. BRODSKY, PAULIN, LUPARDO, ROSENTHAL -- Multi-
  Sponsored by -- M. of  A.    BRENNAN,  CHRISTENSEN,  DINOWITZ,  GALEF,
  GLICK,  GOTTFRIED,  JACOBS, McENENY, NOLAN, WEISENBERG, WRIGHT -- read
  once and referred to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  granting  private  citizens  the  right  to initiate civil 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
                          PRIVATE ENVIRONMENTAL
                           LAW ENFORCEMENT ACT
SECTION 71-4501. ENFORCEMENT BY PRIVATE CITIZENS.
        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 BY PRIVATE CITIZENS.
  1.  EXCEPT AS OTHERWISE PROVIDED IN SECTION 71-4503 OF THIS TITLE, ANY
PERSON WHO HAS SUFFERED OR MAY SUFFER AN INJURY IN FACT,  REGARDLESS  OF
WHETHER SUCH INJURY IS DIFFERENT IN KIND OR DEGREE FROM THAT SUFFERED BY
THE PUBLIC AT LARGE, MAY COMMENCE A CIVIL ACTION IN A COURT OF COMPETENT
JURISDICTION  FOR INJUNCTIVE AND DECLARATORY RELIEF PURSUANT TO SUBDIVI-
SION 2 OF THIS SECTION AGAINST ANY PERSON FOR ANY VIOLATION OF AN ADMIN-
ISTRATIVE OR COURT ORDER COMPELLING THAT PERSON TO INVESTIGATE OR  REME-
DIATE  AN  INACTIVE  HAZARDOUS  WASTE  DISPOSAL  SITE  PURSUANT TO TITLE
THIRTEEN OF ARTICLE 27 OF THIS  CHAPTER,  OR  FOR  A  VIOLATION  OF  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07344-01-9