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Assembly Bill A8817

2011-2012 Legislative Session

Relates to liability limitations for local brownfield sites issued city certificates of completion

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Archive: Last Bill Status - In Assembly Committee

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2011-A8817 (ACTIVE) - Details

Current Committee:
Assembly Cities
Law Section:
New York City Administrative Code
Laws Affected:
Amd ยง24-906, NYC Ad Cd
Versions Introduced in 2013-2014 Legislative Session:
A164

2011-A8817 (ACTIVE) - Summary

Liability limitations for local brownfield sites issued city certificates of completion.

2011-A8817 (ACTIVE) - Bill Text download pdf 

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

                                  8817

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced by M. of A. HEVESI -- read once and referred to the Committee
  on Cities

AN  ACT  to  amend  the  administrative code of the city of New York, in
  relation to liability limitations for local  brownfield  sites  issued
  city certificates of completion

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

  Section 1. Section 24-906 of the administrative code of  the  city  of
New York is amended by adding a new subdivision (f) to read as follows:
  (F)(1)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW  AND EXCEPT AS
PROVIDED ELSEWHERE IN THIS  SECTION,  AFTER  THE  OFFICE  HAS  ISSUED  A
CERTIFICATE  OF  COMPLETION  FOR  A  LOCAL BROWNFIELD SITE, THE ENROLLEE
SHALL NOT BE LIABLE TO THE STATE UPON ANY STATUTORY OR COMMON LAW  CAUSE
OF  ACTION,  ARISING OUT OF THE PRESENCE OF ANY CONTAMINATION IN, ON, OR
EMANATING FROM THE LOCAL BROWNFIELD SITE THAT WAS THE  SUBJECT  OF  SUCH
CERTIFICATE  AT ANY TIME BEFORE THE EFFECTIVE DATE OF A LOCAL BROWNFIELD
CLEANUP AGREEMENT ENTERED INTO PURSUANT TO THIS CHAPTER, EXCEPT  THAT  A
PARTICIPANT  SHALL  NOT  RECEIVE  A RELEASE FOR NATURAL RESOURCE DAMAGES
THAT MAY BE AVAILABLE UNDER LAW.
  (2) ANY PROVISION OF SECTION 27-1421 OF THE ENVIRONMENTAL CONSERVATION
LAW THAT APPLIES TO A LIABILITY LIMITATION PROVIDED PURSUANT TO SUBDIVI-
SION ONE OF SUCH SECTION SHALL APPLY TO A LIABILITY LIMITATION  PROVIDED
PURSUANT TO PARAGRAPH ONE OF THIS SUBDIVISION.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 1, 2011.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10897-01-1

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