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Assembly Bill A5893

2015-2016 Legislative Session

Imposes penalty upon agency failing to complete a remediation plan

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Archive: Last Bill Status - In Assembly Committee

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2015-A5893 (ACTIVE) - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง3-0311, En Con L
Versions Introduced in Other Legislative Sessions:
2009-2010: A561
2011-2012: A2229
2013-2014: A270

2015-A5893 (ACTIVE) - Summary

Imposes penalties upon a state agency, public authority or public benefit corporation, which fails to complete a remediation plan within the projected time schedule for such plan; provides that upon such failure such agency shall be subject to a public hearing and required to explain the failure to complete the plan; provides that an amended plan shall be imposed which provides for involvement by community groups; provides that subsequent failure to remediate shall result in a fine.

2015-A5893 (ACTIVE) - Bill Text download pdf 

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

                                  5893

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 5, 2015
                               ___________

Introduced  by  M. of A. KAVANAGH, ENGLEBRIGHT, PEOPLES-STOKES -- Multi-
  Sponsored by -- M. of A.  RAIA,  SCHIMEL,  THIELE  --  read  once  and
  referred to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation to state
  agency environmental audits

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

  Section 1. Section 3-0311 of the environmental  conservation  law,  as
amended by chapter 741 of the laws of 1991, is amended by adding two new
subdivisions 7 and 8 to read as follows:
  7.  UPON  COMPLETION  OF  A REMEDIAL PLAN THE AGENCY SHALL GIVE PUBLIC
NOTICE OF SUCH COMPLETION.
  8. WHENEVER A REMEDIATION PLAN IS NOT COMPLETED WITHIN  THE  PROJECTED
TIME  SCHEDULE, THE AGENCY SHALL REQUEST THE FUNDING FOR THE REMEDIATION
PLAN WITHIN ITS NEXT BUDGET PREPARATION AND THE DEPARTMENT SHALL:
  A. HOLD A PUBLIC HEARING WHEREIN THE AGENCY SHALL PROVIDE:
  (1) AN EXPLANATION FOR ITS FAILURE TO COMPLY WITH THE TIME SCHEDULE.
  (2) AN AMENDMENT TO SUCH REMEDIATION PLAN WHICH  PROVIDES  OPPORTUNITY
FOR  PARTICIPATION  BY APPROPRIATE CITIZENS GROUPS OR WHERE APPROPRIATE,
AN ALTERNATIVE REMEDIATION PLAN WHICH PROVIDES OPPORTUNITY  FOR  PARTIC-
IPATION BY APPROPRIATE CITIZENS GROUPS.
  B. ISSUE AN ORDER WITHIN THIRTY DAYS AFTER A PUBLIC HEARING, DIRECTING
THE  AGENCY  TO  COMPLETE  THE  REMEDIATION PLAN AND IF SUCH PLAN IS NOT
COMPLETED OR AN ALTERNATIVE PLAN IS REJECTED, THEN THE DEPARTMENT  SHALL
CITE  THE  AGENCY WITH A VIOLATION THEREFOR.  UPON CONVICTION THE AGENCY
SHALL PAY A FINE AS PROVIDED IN THIS CHAPTER FOR EACH VIOLATION.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04489-01-5

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