|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to environmental conservation|
|Jan 07, 2011||referred to environmental conservation|
senate Bill S1454
Archive: Last Bill Status -
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1454 - Details
S1454 - Summary
Provides that a municipality which received title to property through escheat, any other involuntary transfer, or through the exercise of eminent domain authority shall not be considered responsible for the contamination and remediation of such property unless the municipality generated, transported, disposed of, arranged for or caused the disposal of hazardous wastes or substances at the subject property.
S1454 - Sponsor Memo
BILL NUMBER:S1454 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:
S1454 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 1454 A. 1407 2011-2012 Regular Sessions S E N A T E - A S S E M B L Y January 7, 2011 ___________ IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Environmental Conservation IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to determining municipality responsibility for hazardous waste remedial programs THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 27-1313 of the environmental conservation law, as added by chapter 282 of the laws of 1979, is amended to read as follows: 4. Any order issued pursuant to subdivision three of this section shall be issued only after notice and the opportunity for a hearing is provided to persons who may be the subject of such order. The commis- sioner shall determine which persons are responsible pursuant to said subdivision according to applicable principles of statutory or common law liability, EXCEPT THAT A MUNICIPALITY WHICH RECEIVED TITLE TO THE PROPERTY THROUGH ESCHEAT, OR THROUGH ANY OTHER INVOLUNTARY TRANSFER OR ACQUISITION, OR THROUGH THE EXERCISE OF EMINENT DOMAIN AUTHORITY BY PURCHASE OR CONDEMNATION SHALL NOT BE CONSIDERED RESPONSIBLE FOR THE CONTAMINATION OF THE PROPERTY, UNLESS THE MUNICIPALITY GENERATED, TRANS- PORTED, OR DISPOSED OF, ARRANGED FOR, OR THE MUNICIPALITY CAUSED THE GENERATION, TRANSPORTATION, OR DISPOSAL OF HAZARDOUS WASTES OR SUBSTANCES LOCATED AT REAL PROPERTY PROPOSED TO BE INVESTIGATED OR TO BE REMEDIATED. Such persons shall be entitled to raise any statutory or common law defense at any such hearing and such defenses shall have the same force and effect at such hearings as they would have in a court of law. In the event a hearing is held, no order shall be issued by the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03712-01-1
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