senate Bill S7632

2013-2014 Legislative Session

Relates to conditions and procedures for undertaking an environmental restoration project

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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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 21, 2014 referred to environmental conservation

S7632 - Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§56-0503, 56-0505, 56-0508, 56-0502 & 56-0501, En Con L; amd §1285-q, Pub Auth L; amd §97-b, St Fin L

S7632 - Summary

Relates to conditions and procedures for undertaking an environmental restoration project.

S7632 - Sponsor Memo

S7632 - Bill Text download pdf

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

                                  7632

                            I N  S E N A T E

                              May 21, 2014
                               ___________

Introduced  by  Sen. O'BRIEN -- 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, the public  authori-
  ties  law,  and  the  state  finance law, in relation to environmental
  restoration projects

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

  Section  1.  Paragraph  (c) of subdivision 2 of section 56-0503 of the
environmental conservation law, as amended by section 4  of  part  D  of
chapter  1  of  the  laws of 2003, is amended and a new subdivision 3 is
added to read as follows:
  (c) A provision that THE MUNICIPALITY SHALL ASSIST  IN  IDENTIFYING  A
RESPONSIBLE  PARTY  BY  SEARCHING  LOCAL RECORDS, INCLUDING PROPERTY TAX
ROLLS, OR DOCUMENT REVIEWS, AND if,  in  accordance  with  the  required
departmental  approval  of  any settlement with a responsible party, any
responsible party payments become available to the municipality, before,
during or after the completion of an environmental restoration  project,
which  were not included when the state share was calculated pursuant to
this section, the state assistance share shall be recalculated, and  the
municipality  shall pay to the state, for deposit into the environmental
restoration project account of the hazardous waste remedial fund  estab-
lished  under  section  ninety-seven-b  of  the  state  finance law, the
difference between the original state assistance payment and the  recal-
culated state share. Recalculation of the state share shall be done each
time a payment from a responsible party is received by the municipality;
  3.  THE  DEPARTMENT MAY UNDERTAKE AN ENVIRONMENTAL RESTORATION PROJECT
ON BEHALF OF A MUNICIPALITY UPON REQUEST. IF THE  DEPARTMENT  UNDERTAKES
THE PROJECT ON BEHALF OF THE MUNICIPALITY, THE STATE SHALL ENTER INTO AN
AGREEMENT  WITH  THE  MUNICIPALITY  AND  THE AGREEMENT SHALL REQUIRE THE
MUNICIPALITY TO PERIODICALLY PROVIDE ITS SHARE TO THE  STATE  FOR  COSTS
INCURRED  DURING  THE PROGRESS OF SUCH PROJECT. THE MUNICIPALITY'S SHARE
SHALL BE THE SAME AS WOULD BE REQUIRED UNDER  SUBDIVISION  ONE  OF  THIS
SECTION.  THE AGREEMENT SHALL INCLUDE ALL PROVISIONS SPECIFIED IN SUBDI-
VISION TWO OF THIS SECTION AS APPROPRIATE.   FOR  PURPOSES  OF  PROJECTS
SUBJECT   TO  AGREEMENTS  UNDER  THIS  SUBDIVISION,  ALL  REFERENCES  TO
CONTRACTS IN THIS TITLE SHALL ALSO APPLY TO AGREEMENTS UNDER THIS SUBDI-
VISION AS APPROPRIATE.

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