senate Bill S2394

2011-2012 Legislative Session

Authorizes the attorney general to enforce the provisions of the environmental conservation law and its rules and regulations in the name of the people of the state

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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 19, 2011 referred to environmental conservation

Co-Sponsors

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S2394 - Bill Details

See Assembly Version of this Bill:
A3887
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add §1-0305, En Con L
Versions Introduced in 2009-2010 Legislative Session:
S3464, A2661

S2394 - Bill Texts

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Authorizes the attorney general to commence a special proceeding in a court hearing jurisdiction to enforce the provisions of the environmental conservation law and the rules and regulations adopted pursuant thereto in the name of the people of the state.

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BILL NUMBER:S2394

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to authorizing
the attorney general to enforce the provisions of such law and the rules
and regulations adopted pursuant thereto

PURPOSE OR GENERAL IDEA OF THE BILL:
The bill would establish direct
enforcement authority of the ECL and Department of Environmental
Conservation (DEC) rules and regulations for the Attorney General.

SUMMARY OF PROVISIONS:
The bill creates direct authority for the
Attorney General of NYS to enforce the ECL, as well as rules and
regulations promulgated by DEC through a special proceeding in a
court having jurisdiction.

JUSTIFICATION:
This bill would ensure that
appropriate actions are
taken to enforce the ECL in the absence of action by DEC. At the
present time, the Attorney General may only proceed on ECL
enforcement actions if such cases are referred by DEC. If this bill
were enacted into law, the Attorney General could act directly to
enforce the ECL, and/or rules and regulations of DEC, thereby
establishing an improved enforcement presence and compliance with
environmental statutes in NYS.

LEGISLATIVE HISTORY:

03/30/04 A.10492 Referred to Environmental Conservation
2005-06 A.6259 Referred to Environmental Conservation
2007-08 A.1459 Referred to Environmental Conservation
2009-10 Senate and Assembly Referred to Environmental Conservation

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
The act would take effect immediately.

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

                                  2394

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by  Sens.  SERRANO,  DIAZ, HASSELL-THOMPSON, KLEIN, KRUEGER,
  SAVINO -- 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
  authorizing the attorney general to enforce the provisions of such law
  and the rules and regulations adopted pursuant thereto

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

  Section  1.  The environmental conservation law is amended by adding a
new section 1-0305 to read as follows:
S 1-0305. POWERS OF THE ATTORNEY GENERAL.
  NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER  TO  THE  CONTRARY,  THE
ATTORNEY  GENERAL,  UPON HIS OR HER OWN INITIATIVE, IS HEREBY AUTHORIZED
TO, IN THE NAME OF THE PEOPLE OF THE STATE  OF  NEW  YORK,  ENFORCE  THE
PROVISIONS  OF  THIS  CHAPTER  AND THE RULES AND REGULATIONS PROMULGATED
PURSUANT THERETO BY COMMENCING A SPECIAL PROCEEDING IN  A  COURT  HAVING
JURISDICTION.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00204-01-1

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