senate Bill S830

2013-2014 Legislative Session

Makes provisions regarding environmental benefit projects in lieu of civil penalties

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to environmental conservation
Jan 09, 2013 referred to environmental conservation

S830 - Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add ยง71-0520, En Con L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S7558
2009-2010: A1696

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

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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