|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to environmental conservation|
|Jan 09, 2013||referred to environmental conservation|
senate Bill S830
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S830 - Details
S830 - Summary
Makes provisions regarding environmental benefit projects in lieu of civil penalties including establishing conditions for their acceptance and criteria for such projects; authorizes the attorney general to review and approve the settlement or administrative order.
S830 - Sponsor Memo
BILL NUMBER:S830 TITLE OF BILL: An act to amend the environmental conservation law, in relation to environmental benefit projects in lieu of civil penalties PURPOSE OR GENERAL IDEA OF THE BILL: The bill codifies requirements in the environmental conservation law in relation to requirements for partial settlements in the form of environmental benefit projects. Most of the requirements are currently contained in a draft Departmental guidance document. A number of provisions have been added and modified. Section 71-0520(1) defines terms used in the bill. Section 71-0520(2) establishes conditions which must be met in order for the Department to authorize environmental benefit projects. Section 71-0520 (3) establishes criteria which must be met by environmental projects. Section 71-0520 (4) specifies types of activities which do not qualify as environmental benefit projects. Section 71-0520(5) requires a payable economic benefit portion of the civil penalty which must be paid in full and a gravity portion of the civil penalty which reflects the seriousness of the violation which may be compensated in part by an environmental benefit project. If a respondent intends to deduct the cost of the environmental benefit project from its taxes, an adjustment to the gravity component which reflect the tax benefit must be calculated and included in the penalty. Section
S830 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 830 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. PARKER -- 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, in relation to envi- ronmental benefit projects in lieu of civil penalties THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The environmental conservation law is amended by adding a new section 71-0520 to read as follows: S 71-0520. ENVIRONMENTAL BENEFIT PROJECTS IN LIEU OF CIVIL PENALTIES. 1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: A. "ECONOMIC BENEFIT OF NONCOMPLIANCE" SHALL MEAN THAT PORTION OF THE CIVIL PENALTY WHICH INCLUDES THE ECONOMIC GAIN TO THE RESPONDENT RESULT- ING FROM ITS FAILURE TO COMPLY WITH THE APPLICABLE STANDARDS, CALCULATED FROM THE FIRST DAY OF VIOLATION AND INCLUDES THE PRESENT VALUE OF AVOIDED CAPITAL AND OPERATION COSTS AND PERMANENTLY AVOIDED COSTS WHICH WOULD HAVE BEEN EXPENDED IF COMPLIANCE HAD OCCURRED WHEN REQUIRED. B. "ENVIRONMENTAL BENEFIT PROJECT" OR "PROJECT" SHALL MEAN A PROJECT IN LIEU OF FULL PAYMENT OF CIVIL PENALTIES UNDERTAKEN BY A VIOLATOR THAT IS INTENDED TO COMPENSATE FOR A VIOLATION OR CONTRAVENTION OF APPLICABLE STANDARDS. C. "GRAVITY COMPONENT" SHALL MEAN THAT PORTION OF THE CIVIL PENALTY WHICH REFLECTS THE SERIOUSNESS OF A VIOLATION, CALCULATED ON THE BASIS OF THE POTENTIAL AND ACTUAL HARM CAUSED BY THE VIOLATION, AND THE VALUE OF THE NATURAL RESOURCE DAMAGES, IF THE VIOLATOR IS NOT REPAIRING THE HARM. 2. THE COMMISSIONER SHALL NOT ENTER INTO ANY AGREEMENT OR ADMINISTRA- TIVE ORDER WHICH PROVIDES FOR A PARTIAL SETTLEMENT OF CONDITIONS IN THE FORM OF ANY ENVIRONMENTAL BENEFIT PROJECT IN LIEU OF THE PAYMENT OF CIVIL PENALTIES UNLESS ALL OF THE FOLLOWING CONDITIONS ARE MET: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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