|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to environmental conservation|
|Jan 05, 2011||referred to environmental conservation|
senate Bill S492
Archive: Last Bill Status -
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S492 - Details
- Law Section:
- Environmental Conservation Law
- Laws Affected:
- Amd §56-0507, En Con L
- Versions Introduced in 2009-2010 Legislative Session:
S492 - Summary
Authorizes the state to act as an agent of a municipality (to which state assistance has been provided) in the form of parens patriae, upon written request made by a municipality to the commissioner of environmental conservation and to the attorney general, to recover a municipality's share of the cost of an environmental restoration project from the responsible parties; provides that where a municipality has requested the state to so act to recover its share of the costs of an environmental restoration project, then that portion of such monies recovered or reimbursed which represents the proportionate share of the costs incurred by the municipality for each such project shall be paid out of such funds to the municipality by the comptroller upon the presentation of a claim therefor.
S492 - Sponsor Memo
BILL NUMBER:S492 TITLE OF BILL: An act to amend the environmental conservation law, in relation to permitting the state to act as parens patriae to recover a municipality's share of the cost of an environmental restoration project from responsible parties PURPOSE: This bill directs the state, upon the request of a municipality, to act as the agent of such a municipality to recover the municipality's share of the cost of an environmental restoration project undertaken under the Clean Water/Clean Air Bond Act when the state is undertaking to recover its own share of the cost of such project. SUMMARY OF PROVISIONS: 1) Upon written request to the Commissioner of the Department of Environmental Conservation and the Attorney General, the state will act as agent for the municipality to collect its share of such costs (normally 25%). (Amendment) 2) The municipality that has requested the state to act as its agent is entitled to its proportionate share of such moneys and can get it by presenting a claim to the Comptroller of the state of New York who
S492 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 492 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ Introduced by Sen. ROBACH -- 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 permitting the state to act as parens patriae to recover a munici- pality's share of the cost of an environmental restoration project from responsible parties THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 2 and 3 of section 56-0507 of the environ- mental conservation law, as amended by section 6 of part D of chapter 1 of the laws of 2003, are amended to read as follows: 2. The state shall make all reasonable efforts to recover the full amount of any state assistance provided TO A MUNICIPALITY under this title FOR AN ENVIRONMENTAL RESTORATION PROJECT AND, IF REQUESTED IN WRITING TO THE COMMISSIONER AND THE ATTORNEY GENERAL OF THE STATE OF NEW YORK BY THE MUNICIPALITY TO WHICH SUCH ASSISTANCE WAS GIVEN, SHALL ACT AS AGENT OF SUCH MUNICIPALITY IN THE FORM OF PARENS PATRIAE, TO RECOVER THE MUNICIPALITY'S SHARE OF ITS COST OF SUCH ENVIRONMENTAL RESTORATION PROJECT, through litigation brought under this section or other statute or under the common law, or through cooperative agreements, with respon- sible parties (other than the municipality to which state assistance was provided under this title; or a successor in title, lender, or lessee who was not otherwise a responsible party prior to the municipality's taking title to such property). 3. Any and all monies recovered or reimbursed AS TO EACH ENVIRONMENTAL RESTORATION PROJECT pursuant to this section shall be deposited into the environmental restoration project account of the hazardous waste remedi- al fund established under section ninety-seven-b of the state finance law; PROVIDED HOWEVER, THAT IF ANY MUNICIPALITY HAS REQUESTED THAT THE STATE ACT AS ITS AGENT AS PARENS PATRIAE TO RECOVER ITS SHARE OF COSTS EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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