Assembly Actions -
Senate Actions - UPPERCASE
|Jun 21, 2012||
referred to rules
Senate Bill S7814
2011-2012 Legislative Session
Archive: Last Bill Status - In Senate Committee Rules Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2011-S7814 (ACTIVE) - Details
2011-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.
2011-S7814 (ACTIVE) - Sponsor Memo
BILL NUMBER:S7814 TITLE OF BILL: 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 PURPOSE OR GENERAL IDEA: To grant private citizens broad authorization to commence civil judicial actions under certain titles of the Environmental Conservation Law (ECL). SUMMARY OF SPECIFIC PROVISIONS: The bill adds a new Title 45 to Article 71 of the ECL to provide broad authority to citizens to bring civil actions to remedy environmental injury. The bill authorizes any private citizen who has an interest which is or may be adversely affected to commence civil judicial actions to remedy environmental harms under certain circumstances. Any such party may, under these circumstances, commence a civil action in a court of competent jurisdiction for injunctive relief against any person who is alleged to be in violation of any rule, regulation, permit, certificate or order promulgated or issued pursuant to:
2011-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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