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Senate Bill S3595

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

co-Sponsors

2009-S3595 - Details

See Assembly Version of this Bill:
A561
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §3-0311, En Con L
Versions Introduced in Other Legislative Sessions:
2011-2012: A2229
2013-2014: A270
2015-2016: A5893

2009-S3595 - 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-S3595 - Sponsor Memo

2009-S3595 - Bill Text download pdf 

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

                                  3595

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 25, 2009
                               ___________

Introduced by Sens. KRUEGER, HASSELL-THOMPSON, HUNTLEY -- 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 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
                      [ ] is old law to be omitted.
                                                           LBD00484-01-9

co-Sponsors

2009-S3595A (ACTIVE) - Details

See Assembly Version of this Bill:
A561
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §3-0311, En Con L
Versions Introduced in Other Legislative Sessions:
2011-2012: A2229
2013-2014: A270
2015-2016: A5893

2009-S3595A (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-S3595A (ACTIVE) - Sponsor Memo

2009-S3595A (ACTIVE) - Bill Text download pdf 

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

                                 3595--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 25, 2009
                               ___________

Introduced by Sens. KRUEGER, HASSELL-THOMPSON, HUNTLEY, PARKER, THOMPSON
  -- read twice and ordered printed, and when printed to be committed 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.
                                                           LBD00484-03-9

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