assembly Bill A2261

2021-2022 Legislative Session

Grants private citizens broad authorization to commence civil judicial actions under certain titles of the environmental conservation law

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Sponsored By

Current Bill Status - In Assembly 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 14, 2021 referred to environmental conservation

Co-Sponsors

Multi-Sponsors

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A2261 (ACTIVE) - Details

See Senate Version of this Bill:
S5394
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 71 Title 45 §§71-4501 - 71-4513, amd §71-1311, En Con L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4272
2011-2012: A4656, A4801, S7814
2013-2014: A2047, S2769
2015-2016: A5802, S1087
2017-2018: A1811, A8965, S3269
2019-2020: A1424, S5013

A2261 (ACTIVE) - Summary

Enacts "private environmental law enforcement act"; authorizes any private citizen who has an interest which is or may be adversely affected to commence civil judicial actions for injunctive or declaratory relief to remedy environmental harms under certain circumstances; provides that such action may be commenced against any person for any violation of an administrative or court order compelling an investigation or remediation of an inactive hazardous waste disposal site.

A2261 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2261
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by  M. of A. SIMON, DINOWITZ, PERRY -- Multi-Sponsored by --
   M. of A.   ABINANTI, BURKE, CAHILL, CARROLL,  COLTON,  DAVILA,  ENGLE-
   BRIGHT,  FAHY, GALEF, GLICK, GOTTFRIED, JACOBSON, LUPARDO, NIOU, OTIS,
   PAULIN, REYES, RICHARDSON, L. ROSENTHAL,  TAYLOR,  THIELE,  WEPRIN  --
   read once and referred to the Committee on Environmental Conservation

 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   granting private citizens the  right  to  initiate  civil  enforcement
   actions for violations of such law
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 71 of the environmental conservation law is amended
 by adding a new title 45 to read as follows:
                                 TITLE 45
                           PRIVATE ENVIRONMENTAL
                            LAW ENFORCEMENT ACT
 SECTION 71-4501. ENFORCEMENT BY PRIVATE CITIZENS.
         71-4503. NOTICE OF ACTION.
         71-4505. INTERVENTION.
         71-4507. APPROVAL OF SETTLEMENTS.
         71-4509. COSTS, FEES AND PENALTIES.
         71-4511. APPLICABILITY IN THE ADIRONDACK PARK.
         71-4513. SAVINGS CLAUSE.
 § 71-4501. ENFORCEMENT BY PRIVATE CITIZENS.
   1. EXCEPT AS OTHERWISE PROVIDED IN SECTION 71-4503 OF THIS TITLE,  ANY
 PERSON  WHO  HAS SUFFERED OR MAY SUFFER AN INJURY IN FACT, REGARDLESS OF
 WHETHER SUCH INJURY IS DIFFERENT IN KIND OR DEGREE FROM THAT SUFFERED BY
 THE PUBLIC AT LARGE, MAY COMMENCE A CIVIL ACTION IN A COURT OF COMPETENT
 JURISDICTION FOR INJUNCTIVE AND DECLARATORY RELIEF PURSUANT TO  SUBDIVI-
 SION  TWO  OF  THIS  SECTION  AGAINST ANY PERSON FOR ANY VIOLATION OF AN
 ADMINISTRATIVE OR COURT ORDER COMPELLING THAT PERSON TO  INVESTIGATE  OR
 REMEDIATE AN INACTIVE HAZARDOUS WASTE DISPOSAL SITE PURSUANT TO TITLE 13
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.