senate Bill S1454

2011-2012 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 04, 2012 referred to environmental conservation
Jan 07, 2011 referred to environmental conservation

S1454 - Details

See Assembly Version of this Bill:
A1407
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง27-1313, En Con L
Versions Introduced in 2009-2010 Legislative Session:
S228, A335

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

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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