senate Bill S492

2011-2012 Legislative Session

Permits the state to act as parens patriae to recover a municipality's share of the cost of an environmental restoration project from responsible parties

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to environmental conservation
Jan 05, 2011 referred to environmental conservation

S492 - Details

Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง56-0507, En Con L
Versions Introduced in 2009-2010 Legislative Session:
S411

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

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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