senate Bill S5418B

2011-2012 Legislative Session

Relates to responsible parties for petroleum contaminated sites and incentives to parties who are willing to remediate such sites

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (20)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 referred to environmental conservation
delivered to assembly
passed senate
Jun 11, 2012 advanced to third reading
Jun 06, 2012 2nd report cal.
Jun 05, 2012 1st report cal.1041
May 23, 2012 print number 5418b
amend and recommit to environmental conservation
Jan 04, 2012 referred to environmental conservation
returned to senate
died in assembly
Jun 16, 2011 referred to environmental conservation
delivered to assembly
passed senate
Jun 14, 2011 advanced to third reading
Jun 13, 2011 2nd report cal.
Jun 07, 2011 1st report cal.1046
May 23, 2011 print number 5418a
amend (t) and recommit to environmental conservation
May 19, 2011 referred to environmental conservation

Votes

view votes

Jun 5, 2012 - Environmental Conservation committee Vote

S5418B
7
6
committee
7
Aye
6
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Environmental Conservation committee vote details

Environmental Conservation Committee Vote: Jun 5, 2012

aye wr (1)

Jun 7, 2011 - Environmental Conservation committee Vote

S5418A
11
3
committee
11
Aye
3
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

S5418 - Details

See Assembly Version of this Bill:
A8192A
Law Section:
Navigation Law
Laws Affected:
Amd §§176, 180, 181 & 183, Nav L

S5418 - Summary

Relates to responsible parties for petroleum contaminated sites and incentives to parties who are willing to remediate such sites; provides that a discharger may present evidence as to third party responsibility for petroleum discharge; provides for apportionment of liability; provides that parties willing to remediate such discharge shall be entitled to liability limitation.

S5418 - Sponsor Memo

S5418 - Bill Text download pdf

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

                                  5418

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 19, 2011
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the navigation law, in relation to liability  limitation
  agreements

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

  Section 1. Subdivision 1 of section 181  of  the  navigation  law,  as
amended  by  chapter  712  of  the  laws  of 1989, is amended to read as
follows:
  1. (A) Any person who  has  discharged  petroleum  shall  be  strictly
liable,  without  regard to fault, for all cleanup and removal costs and
all direct and indirect damages, no matter by whom sustained, as defined
in this section, UNLESS THE  LIABILITY  LIMITATION  AS  DESCRIBED  UNDER
PARAGRAPH  (B)  OF THIS SUBDIVISION APPLIES.  In addition to cleanup and
removal costs and damages, any such  person  who  is  notified  of  such
release  and who did not undertake relocation of persons residing in the
area of the discharge in accordance with paragraph  (c)  of  subdivision
seven  of  section  one  hundred  seventy-six  of this article, shall be
liable to the fund for an amount equal  to  two  times  the  actual  and
necessary  expense  incurred by the fund for such relocation pursuant to
section one hundred seventy-seven-a of this article.
  (B) (I) ANY PERSON WHO AGREES TO REMEDIATE THE DISCHARGE TO THE SATIS-
FACTION OF THE DEPARTMENT, AND IN CONFORMANCE WITH THIS  ARTICLE,  SHALL
BE  ENTITLED  TO  RECEIVE  LIABILITY LIMITATION. SUCH AGREEMENT SHALL BE
CALLED THE LIABILITY LIMITATION  AGREEMENT  AND  SHALL  BE  WRITTEN  AND
EXECUTED  BY BOTH THE DEPARTMENT AND SUCH PERSON. AFTER EXECUTION OF THE
LIABILITY LIMITATION AGREEMENT, SUCH PERSON SHALL NOT BE LIABLE  TO  THE
STATE  UPON  ANY STATUTORY OR COMMON LAW CAUSE OF ACTION, ARISING OUT OF
THE PRESENCE OF ANY CONTAMINATION IN, ON, OR  EMANATING  FROM  THE  SITE
THAT  WAS  THE  SUBJECT  OF  THE  LIABILITY LIMITATION, EXCEPT THAT SUCH
PERSON SHALL NOT RECEIVE A RELEASE FOR NATURAL RESOURCE DAMAGES THAT MAY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11700-01-1

Co-Sponsors

S5418A - Details

See Assembly Version of this Bill:
A8192A
Law Section:
Navigation Law
Laws Affected:
Amd §§176, 180, 181 & 183, Nav L

S5418A - Summary

Relates to responsible parties for petroleum contaminated sites and incentives to parties who are willing to remediate such sites; provides that a discharger may present evidence as to third party responsibility for petroleum discharge; provides for apportionment of liability; provides that parties willing to remediate such discharge shall be entitled to liability limitation.

S5418A - Sponsor Memo

S5418A - Bill Text download pdf

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

                                 5418--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 19, 2011
                               ___________

Introduced by Sens. GRISANTI, MAZIARZ -- read twice and ordered printed,
  and  when  printed  to  be committed to the Committee on Environmental
  Conservation -- committee discharged, bill amended, ordered  reprinted
  as amended and recommitted to said committee

AN  ACT  to amend the navigation law, in relation to responsible parties
  for petroleum contaminated sites and incentives  to  parties  who  are
  willing to remediate petroleum contaminated sites

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

  Section 1.  Paragraph (a) of subdivision 2 of section 176 of the navi-
gation law, as amended by chapter 584 of the laws of 1992, is amended to
read as follows:
  (a) Upon the occurrence of a discharge of  petroleum,  the  department
shall  respond  promptly and proceed to cleanup and remove the discharge
in accordance with environmental priorities or may, at  its  discretion,
direct  the discharger to promptly cleanup and remove the discharge.  IF
A PERSON THE DEPARTMENT DEEMS A DISCHARGER, AND THUS DIRECTS TO  CLEANUP
AND  REMOVE  THE DISCHARGE PURSUANT TO THIS SECTION PRESENTS THE DEPART-
MENT WITH EVIDENCE THAT A THIRD PARTY  IS  SOLELY  RESPONSIBLE  FOR  THE
DISCHARGE  AND REQUESTS THE DEPARTMENT TO DETERMINE WHETHER THE EVIDENCE
ESTABLISHES THE THIRD PARTY IS IN FACT SOLELY RESPONSIBLE,  THE  DEPART-
MENT  SHALL, WITHIN THIRTY DAYS OF RECEIPT OF SUCH REQUEST, DETERMINE IN
WRITING EITHER THAT THE THIRD PARTY: (I) SHALL BE DEEMED A DISCHARGER BY
THE DEPARTMENT, AND SHALL BE  DIRECTED  TO  UNDERTAKE  THE  CLEANUP  AND
REMOVAL OF THE DISCHARGE; OR (II) WILL NOT BE DEEMED A DISCHARGER BY THE
DEPARTMENT  BECAUSE  THE  INFORMATION  PRESENTED  DOES NOT ESTABLISH THE
RESPONSIBILITY OF THE THIRD PARTY BY A PREPONDERANCE  OF  THE  EVIDENCE.
The  department  shall  be responsible for cleanup and removal or as the
case may be, for retaining agents  and  contractors  who  shall  operate
under the direction of that department for such purposes. Implementation
of  cleanup  and  removal  procedures  after  each  discharge  shall  be

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11700-02-1

Co-Sponsors

S5418B (ACTIVE) - Details

See Assembly Version of this Bill:
A8192A
Law Section:
Navigation Law
Laws Affected:
Amd §§176, 180, 181 & 183, Nav L

S5418B (ACTIVE) - Summary

Relates to responsible parties for petroleum contaminated sites and incentives to parties who are willing to remediate such sites; provides that a discharger may present evidence as to third party responsibility for petroleum discharge; provides for apportionment of liability; provides that parties willing to remediate such discharge shall be entitled to liability limitation.

S5418B (ACTIVE) - Sponsor Memo

S5418B (ACTIVE) - Bill Text download pdf

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

                                 5418--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 19, 2011
                               ___________

Introduced by Sens. GRISANTI, MAZIARZ, RITCHIE -- read twice and ordered
  printed, and when printed to be committed to the Committee on Environ-
  mental  Conservation  --  committee  discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee --  recommitted
  to  the  Committee  on  Environmental  Conservation in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the navigation law, in relation to responsible parties
  for petroleum contaminated sites and incentives  to  parties  who  are
  willing to remediate petroleum contaminated sites

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

  Section 1.  Paragraph (a) of subdivision 2 of section 176 of the navi-
gation law, as amended by chapter 584 of the laws of 1992, is amended to
read as follows:
  (a) Upon the occurrence of a discharge of  petroleum,  the  department
shall  respond  promptly and proceed to cleanup and remove the discharge
in accordance with environmental priorities or may, at  its  discretion,
direct  the discharger to promptly cleanup and remove the discharge.  IF
A PERSON THE DEPARTMENT DEEMS A DISCHARGER, AND THUS DIRECTS TO  CLEANUP
AND  REMOVE  THE DISCHARGE PURSUANT TO THIS SECTION PRESENTS THE DEPART-
MENT WITH EVIDENCE THAT A THIRD PARTY  IS  SOLELY  RESPONSIBLE  FOR  THE
DISCHARGE  AND REQUESTS THE DEPARTMENT TO DETERMINE WHETHER THE EVIDENCE
ESTABLISHES THE THIRD PARTY IS IN FACT SOLELY RESPONSIBLE,  THE  DEPART-
MENT  SHALL, WITHIN THIRTY DAYS OF RECEIPT OF SUCH REQUEST, DETERMINE IN
WRITING EITHER THAT THE THIRD PARTY: (I) SHALL BE DEEMED A DISCHARGER BY
THE DEPARTMENT, AND SHALL BE  DIRECTED  TO  UNDERTAKE  THE  CLEANUP  AND
REMOVAL OF THE DISCHARGE; OR (II) WILL NOT BE DEEMED A DISCHARGER BY THE
DEPARTMENT  BECAUSE  THE  INFORMATION  PRESENTED  DOES NOT ESTABLISH THE
RESPONSIBILITY OF THE THIRD PARTY BY A PREPONDERANCE OF THE EVIDENCE. IF
THE DEPARTMENT DETERMINES THAT THE PERSON THE DEPARTMENT INITIALLY DEEMS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11700-04-2

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.