senate Bill S228

2009-2010 Legislative Session

Relates to municipality responsibility for remedial programs involving hazardous wastes at sites owned by municipalities

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to environmental conservation
Jan 07, 2009 referred to environmental conservation

S228 - Bill Details

See Assembly Version of this Bill:
A335
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law

S228 - Bill Texts

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BILL NUMBER: S228

TITLE OF BILL :
An act to amend the environmental conservation law, in relation to
determining municipality responsibility for hazardous waste remedial
programs


PURPOSE :
This bill exempts municipalities from the responsibility for hazardous
waste remedial programs for properties which they acquired through
escheat, involuntary transfer, condemnation, or eminent domain, if the
municipality did not contribute to the wastes found on the site.

SUMMARY OF PROVISIONS :
This bill amends the state Superfund Program, Section 27-1313 of the
Environmental Conservation Law. This bill would exempt municipalities
from financial responsibility for remedial action on property which
they received title through escheat, involuntary transfer or
acquisition, eminent domain purchase or condemnation, unless the
municipality participated in the generation, transportation, or
disposal of the hazardous wastes or substances located on the
property.

EXISTING LAW :
This bill would codify in New York State Law the exemption offered to
municipalities in the Federal Superfund Law (CERC-LA, Comprehensive
Environmental Response, Compensation, and Liability Act) for fiscal
responsibility for contaminated property remediation.

JUSTIFICATION :
As properties contaminated with hazardous wastes and substances lose
their resale value many land owners allow the contaminated property to
be claimed by municipalities to payoff their tax liability and to
dispose of the property. This leaves many municipalities throughout
the state owning and being responsible for numerous contaminated
properties. The current State Superfund program requires responsible
parties to remediate the hazardous wastes found on the site. The law
defines responsible parties as any entity that generated, transported
or disposed of the wastes at the site and the current land owner. If a
municipality was not involved with the generation, transportation, or
disposal of the waste on the site, it should not be held responsible
for the clean-up of lands they received through the default of taxes.
The original owners of the land and generators of the wastes should be
responsible for the remediation of the site, not the taxpayers of a
community that did not contribute to the contamination.

LEGISLATIVE HISTORY :
S.663, (2007-08)
S.1335 (2005-06)
S.754 (2003-04)
S.1426 (2001-02)
S.2460 (1999-00)

FISCAL IMPLICATIONS :
None.

EFFECTIVE DATE :
This act shall take effect immediately.
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