|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Mar 03, 2021||referred to environmental conservation|
senate Bill S5394
Current Bill Status - In Senate Committee Environmental Conservation Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S5394 (ACTIVE) - Details
- See Assembly Version of this Bill:
- Current Committee:
- Senate 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:
2011-2012: S7814, A4656, A4801
2013-2014: S2769, A2047
2015-2016: S1087, A5802
2017-2018: S3269, A1811, A8965
2019-2020: S5013, A1424
S5394 (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.
S5394 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5394 SPONSOR: PARKER TITLE OF BILL: 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 PURPOSE OR GENERAL IDEA: To grant private citizens broad authorization to commence civil judicial actions under certain titles of the Environmental Conservation Law (ECL). SUMMARY OF SPECIFIC PROVISIONS: The bill adds a new Title 45 to Article 71 of the ECL to provide broad authority to citizens to bring civil actions to remedy environmental injury.
S5394 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5394 2021-2022 Regular Sessions I N S E N A T E March 3, 2021 ___________ Introduced by Sens. PARKER, COMRIE, HOYLMAN, KRUEGER -- 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 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 OF ARTICLE 27 OF THIS CHAPTER, OR FOR A VIOLATION OF THE FOLLOWING EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01077-01-1
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.
By contributing or voting you agree to the Terms of Participation and verify you are over 13.