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Assembly Bill A561

2009-2010 Legislative Session

Imposes penalty upon agency failing to complete a remediation plan

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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

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Bill Amendments

2009-A561 - Details

Current Committee:
Senate Environmental Conservation
Versions Introduced in Other Legislative Sessions:
2011-2012: A2229
2013-2014: A270
2015-2016: A5893

2009-A561 - Summary

Imposes penalties upon a state agency, public authority or public benefit corporation, which fails to complete a remediation plan within the projected time schedule for such plan; provides that upon such failure such agency shall be subject to a public hearing and required to explain the failure to complete the plan; provides that an amended plan shall be imposed which provides for involvement by community groups; provides that subsequent failure to remediate shall result in a fine.

2009-A561 - Bill Text download pdf 

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

                                   561

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  KAVANAGH, ENGLEBRIGHT, WEINSTEIN, PEOPLES --
  Multi-Sponsored by -- M.  of A. RAIA, THIELE -- read once and referred
  to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation to state
  agency environmental audits

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

  Section  1.  Section  3-0311 of the environmental conservation law, as
amended by chapter 741 of the laws of 1991, is amended by adding two new
subdivisions 7 and 8 to read as follows:
  7. UPON COMPLETION OF A REMEDIAL PLAN THE  AGENCY  SHALL  GIVE  PUBLIC
NOTICE OF SUCH COMPLETION.
  8.  WHENEVER  A REMEDIATION PLAN IS NOT COMPLETED WITHIN THE PROJECTED
TIME SCHEDULE, THE AGENCY SHALL REQUEST THE FUNDING FOR THE  REMEDIATION
PLAN WITHIN ITS NEXT BUDGET PREPARATION AND THE DEPARTMENT SHALL:
  A. HOLD A PUBLIC HEARING WHEREIN THE AGENCY SHALL PROVIDE:
  (1) AN EXPLANATION FOR ITS FAILURE TO COMPLY WITH THE TIME SCHEDULE.
  (2)  AN  AMENDMENT TO SUCH REMEDIATION PLAN WHICH PROVIDES OPPORTUNITY
FOR PARTICIPATION BY APPROPRIATE CITIZENS GROUPS OR  WHERE  APPROPRIATE,
AN  ALTERNATIVE  REMEDIATION PLAN WHICH PROVIDES OPPORTUNITY FOR PARTIC-
IPATION BY APPROPRIATE CITIZENS GROUPS.
  B. ISSUE AN ORDER WITHIN THIRTY DAYS AFTER A PUBLIC HEARING, DIRECTING
THE AGENCY TO COMPLETE THE REMEDIATION PLAN AND  IF  SUCH  PLAN  IS  NOT
COMPLETED  OR AN ALTERNATIVE PLAN IS REJECTED, THEN THE DEPARTMENT SHALL
CITE THE AGENCY WITH A VIOLATION THEREFOR.
  (1) UPON CONVICTION THE AGENCY SHALL PAY A FINE AS  PROVIDED  IN  THIS
CHAPTER FOR EACH VIOLATION.
  (2)  IN THE EVENT AN AGENCY SHALL BE CITED FOR THREE VIOLATIONS PURSU-
ANT TO THIS SECTION, THE AGENCY HEAD SHALL BE  SUBJECT  TO  A  MANDATORY
PUBLIC HEARING AND RE-CONFIRMATION.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

co-Sponsors

multi-Sponsors

2009-A561A (ACTIVE) - Details

Current Committee:
Senate Environmental Conservation
Versions Introduced in Other Legislative Sessions:
2011-2012: A2229
2013-2014: A270
2015-2016: A5893

2009-A561A (ACTIVE) - Summary

Imposes penalties upon a state agency, public authority or public benefit corporation, which fails to complete a remediation plan within the projected time schedule for such plan; provides that upon such failure such agency shall be subject to a public hearing and required to explain the failure to complete the plan; provides that an amended plan shall be imposed which provides for involvement by community groups; provides that subsequent failure to remediate shall result in a fine.

2009-A561A (ACTIVE) - Sponsor Memo

2009-A561A (ACTIVE) - Bill Text download pdf 

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

                                 561--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  KAVANAGH, ENGLEBRIGHT, WEINSTEIN, PEOPLES --
  Multi-Sponsored by -- M. of A. RAIA, THIELE -- read once and  referred
  to   the   Committee   on   Environmental  Conservation  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the environmental conservation law, in relation to state
  agency environmental audits

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

  Section  1.  Section  3-0311 of the environmental conservation law, as
amended by chapter 741 of the laws of 1991, is amended by adding two new
subdivisions 7 and 8 to read as follows:
  7. UPON COMPLETION OF A REMEDIAL PLAN THE  AGENCY  SHALL  GIVE  PUBLIC
NOTICE OF SUCH COMPLETION.
  8.  WHENEVER  A REMEDIATION PLAN IS NOT COMPLETED WITHIN THE PROJECTED
TIME SCHEDULE, THE AGENCY SHALL REQUEST THE FUNDING FOR THE  REMEDIATION
PLAN WITHIN ITS NEXT BUDGET PREPARATION AND THE DEPARTMENT SHALL:
  A. HOLD A PUBLIC HEARING WHEREIN THE AGENCY SHALL PROVIDE:
  (1) AN EXPLANATION FOR ITS FAILURE TO COMPLY WITH THE TIME SCHEDULE.
  (2)  AN  AMENDMENT TO SUCH REMEDIATION PLAN WHICH PROVIDES OPPORTUNITY
FOR PARTICIPATION BY APPROPRIATE CITIZENS GROUPS OR  WHERE  APPROPRIATE,
AN  ALTERNATIVE  REMEDIATION PLAN WHICH PROVIDES OPPORTUNITY FOR PARTIC-
IPATION BY APPROPRIATE CITIZENS GROUPS.
  B. ISSUE AN ORDER WITHIN THIRTY DAYS AFTER A PUBLIC HEARING, DIRECTING
THE AGENCY TO COMPLETE THE REMEDIATION PLAN AND  IF  SUCH  PLAN  IS  NOT
COMPLETED  OR AN ALTERNATIVE PLAN IS REJECTED, THEN THE DEPARTMENT SHALL
CITE THE AGENCY WITH A VIOLATION THEREFOR.  UPON CONVICTION  THE  AGENCY
SHALL PAY A FINE AS PROVIDED IN THIS CHAPTER FOR EACH VIOLATION.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00484-02-9

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