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Assembly Bill A164

2013-2014 Legislative Session

Relates to liability limitations for local brownfield sites issued city certificates of completion

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Archive: Last Bill Status - In Assembly Committee

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2013-A164 (ACTIVE) - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
New York City Administrative Code
Laws Affected:
Amd ยง24-906, NYC Ad Cd
Versions Introduced in 2011-2012 Legislative Session:
A8817

2013-A164 (ACTIVE) - Summary

Relates to liability limitations for local brownfield sites issued city certificates of completion.

2013-A164 (ACTIVE) - Bill Text download pdf 

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

                                   164

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. HEVESI, MARKEY, BENEDETTO, MAISEL, CASTRO, SCHI-
  MEL, TITONE, CRESPO,  COOK,  SIMOTAS,  BOYLAND,  WEPRIN,  SCARBOROUGH,
  MOYA,  COLTON, PERRY, JACOBS -- Multi-Sponsored by -- M. of A. ABBATE,
  GIBSON, LENTOL, ROBINSON -- read once and referred to the Committee on
  Environmental Conservation

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation  to  liability  limitations for local brownfield sites issued
  city certificates of completion

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

  Section  1.  Section  24-906 of the administrative code of the city of
New York is amended by adding a new subdivision (f) to read as follows:
  (F)(1) NOTWITHSTANDING ANY  OTHER  PROVISION  OF  LAW  AND  EXCEPT  AS
PROVIDED  ELSEWHERE  IN  THIS  SECTION,  AFTER  THE  OFFICE HAS ISSUED A
CERTIFICATE OF COMPLETION FOR A  LOCAL  BROWNFIELD  SITE,  THE  ENROLLEE
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  LOCAL BROWNFIELD SITE THAT WAS THE SUBJECT OF SUCH
CERTIFICATE AT ANY TIME BEFORE THE EFFECTIVE DATE OF A LOCAL  BROWNFIELD
CLEANUP  AGREEMENT  ENTERED INTO PURSUANT TO THIS CHAPTER, EXCEPT THAT A
PARTICIPANT SHALL NOT RECEIVE A RELEASE  FOR  NATURAL  RESOURCE  DAMAGES
THAT MAY BE AVAILABLE UNDER LAW.
  (2) ANY PROVISION OF SECTION 27-1421 OF THE ENVIRONMENTAL CONSERVATION
LAW THAT APPLIES TO A LIABILITY LIMITATION PROVIDED PURSUANT TO SUBDIVI-
SION  ONE OF SUCH SECTION SHALL APPLY TO A LIABILITY LIMITATION PROVIDED
PURSUANT TO PARAGRAPH ONE OF THIS SUBDIVISION.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after January 1, 2013.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00839-01-3

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