senate Bill S7814

2011-2012 Legislative Session

Grants private citizens broad authorization to commence civil judicial actions under certain titles of the environmental conservation law

download bill text pdf

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Archive: Last Bill Status - In Senate Committee Rules 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 (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 referred to rules

S7814 (ACTIVE) - Details

See Assembly Version of this Bill:
A4801
Current Committee:
Senate Rules
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 71 Title 45 §§71-4501 - 71-4513, amd §71-1311, En Con L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4272
2013-2014: S2769, A2047
2015-2016: S1087, A5802
2017-2018: S3269, A1811, A8965
2019-2020: S5013, A1424

S7814 (ACTIVE) - Summary

Enacts "private environmental law enforcement act"; authorizes any private citizen who has an interest which is or may be adversely affected to commence civil judicial actions for injunctive or declaratory relief to remedy environmental harms under certain circumstances; provides that such action may be commenced against any person for any violation of an administrative or court order compelling an investigation or remediation of an inactive hazardous waste disposal site.

S7814 (ACTIVE) - Sponsor Memo

S7814 (ACTIVE) - Bill Text download pdf

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

                                  7814

                            I N  S E N A T E

                              June 21, 2012
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  granting  private  citizens  the  right  to initiate civil enforcement
  actions for violations of such law

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

  Section 1. Article 71 of the environmental conservation law is amended
by adding a new title 45 to read as follows:
                                 TITLE 45
                          PRIVATE ENVIRONMENTAL
                           LAW ENFORCEMENT ACT
SECTION 71-4501. ENFORCEMENT BY PRIVATE CITIZENS.
        71-4503. NOTICE OF ACTION.
        71-4505. INTERVENTION.
        71-4507. APPROVAL OF SETTLEMENTS.
        71-4509. COSTS, FEES AND PENALTIES.
        71-4511. APPLICABILITY IN THE ADIRONDACK PARK.
        71-4513. SAVINGS CLAUSE.
S 71-4501. ENFORCEMENT BY PRIVATE CITIZENS.
  1.  EXCEPT AS OTHERWISE PROVIDED IN SECTION 71-4503 OF THIS TITLE, ANY
PERSON WHO HAS SUFFERED OR MAY SUFFER AN INJURY IN FACT,  REGARDLESS  OF
WHETHER SUCH INJURY IS DIFFERENT IN KIND OR DEGREE FROM THAT SUFFERED BY
THE PUBLIC AT LARGE, MAY COMMENCE A CIVIL ACTION IN A COURT OF COMPETENT
JURISDICTION  FOR INJUNCTIVE AND DECLARATORY RELIEF PURSUANT TO SUBDIVI-
SION TWO OF THIS SECTION AGAINST ANY PERSON  FOR  ANY  VIOLATION  OF  AN
ADMINISTRATIVE  OR  COURT ORDER COMPELLING THAT PERSON TO INVESTIGATE OR
REMEDIATE AN INACTIVE HAZARDOUS WASTE DISPOSAL SITE  PURSUANT  TO  TITLE
THIRTEEN  OF ARTICLE TWENTY-SEVEN OF THIS CHAPTER, OR FOR A VIOLATION OF
THE FOLLOWING PROVISIONS OF OR ANY RULE, REGULATION, PERMIT, CERTIFICATE
OR ORDER PROMULGATED OR ISSUED PURSUANT TO:
  A. SECTION 15-0501, 15-0503  OR  15-0505  OF  TITLE  FIVE  OF  ARTICLE
FIFTEEN OF THIS CHAPTER; OR
  B. TITLE TWENTY-SEVEN OF ARTICLE FIFTEEN OF THIS CHAPTER; OR

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

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