senate Bill S1880

2019-2020 Legislative Session

Relates to responsible parties for petroleum contaminated sites and incentives to parties who are willing to remediate such sites

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Environmental Conservation Committee


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

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 17, 2019 referred to environmental conservation

Co-Sponsors

S1880 (ACTIVE) - Details

Current Committee:
Senate Environmental Conservation
Law Section:
Navigation Law
Laws Affected:
Amd §§176, 180, 181 & 183, Nav L
Versions Introduced in Other Legislative Sessions:
2011-2012: S5418
2013-2014: S1675
2015-2016: S4186
2017-2018: S2822

S1880 (ACTIVE) - Summary

Relates to responsible parties for petroleum contaminated sites and incentives to parties who are willing to remediate such sites; provides that a discharger may present evidence as to third party responsibility for petroleum discharge; provides for apportionment of liability; provides that parties willing to remediate such discharge shall be entitled to liability limitation.

S1880 (ACTIVE) - Sponsor Memo

S1880 (ACTIVE) - Bill Text download pdf


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

                                  1880

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 17, 2019
                               ___________

Introduced  by  Sens. O'MARA, RITCHIE -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Environmental
  Conservation

AN  ACT  to amend the navigation law, in relation to responsible parties
  for petroleum contaminated sites and incentives  to  parties  who  are
  willing to remediate petroleum contaminated sites

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

  Section 1.  Paragraph (a) of subdivision 2 of section 176 of the navi-
gation law, as amended by chapter 584 of the laws of 1992, is amended to
read as follows:
  (a) Upon the occurrence of a discharge of  petroleum,  the  department
shall  respond  promptly and proceed to cleanup and remove the discharge
in accordance with environmental priorities or may, at  its  discretion,
direct  the discharger to promptly cleanup and remove the discharge.  IF
A PERSON THE DEPARTMENT DEEMS A DISCHARGER, AND THUS DIRECTS TO  CLEANUP
AND  REMOVE  THE DISCHARGE PURSUANT TO THIS SECTION PRESENTS THE DEPART-
MENT WITH EVIDENCE THAT A THIRD PARTY  IS  SOLELY  RESPONSIBLE  FOR  THE
DISCHARGE  AND REQUESTS THE DEPARTMENT TO DETERMINE WHETHER THE EVIDENCE
ESTABLISHES THE THIRD PARTY IS IN FACT SOLELY RESPONSIBLE,  THE  DEPART-
MENT  SHALL, WITHIN THIRTY DAYS OF RECEIPT OF SUCH REQUEST, DETERMINE IN
WRITING EITHER THAT THE THIRD PARTY: (I) SHALL BE DEEMED A DISCHARGER BY
THE DEPARTMENT, AND SHALL BE  DIRECTED  TO  UNDERTAKE  THE  CLEANUP  AND
REMOVAL OF THE DISCHARGE; OR (II) WILL NOT BE DEEMED A DISCHARGER BY THE
DEPARTMENT  BECAUSE  THE  INFORMATION  PRESENTED  DOES NOT ESTABLISH THE
RESPONSIBILITY OF THE THIRD PARTY BY A PREPONDERANCE OF THE EVIDENCE. IF
THE DEPARTMENT DETERMINES THAT THE PERSON THE DEPARTMENT INITIALLY DEEMS
A DISCHARGER AND THE THIRD PARTY ARE BOTH  DISCHARGERS,  THE  DEPARTMENT
SHALL,  WITHIN  THIRTY  DAYS OF SUCH REQUEST, ADVISE EACH OF THE PARTIES
THAT THEY ARE DEEMED DISCHARGERS SUBJECT TO APPORTIONMENT  OF  LIABILITY
FOR  THE  DISCHARGE  PURSUANT TO SUBDIVISIONS ONE AND TWO OF SECTION ONE

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

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