NY State Senate Bill S4886

Current Bill Status - Passed Senate

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

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Actions

view actions (7)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 23, 2023	referred to environmental conservation delivered to assembly passed senate
Mar 20, 2023	advanced to third reading
Mar 16, 2023	2nd report cal.
Mar 15, 2023	1st report cal.510
Feb 16, 2023	referred to environmental conservation

Votes

view votes

Mar 23, 2023 - floor Vote

S4886

floor

Aye

Nay

Absent

Excused

Abstained

Mar 14, 2023 - Environmental Conservation committee Vote

S4886

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S4886 (ACTIVE) - Details

Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §71-4003, En Con L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1971
2013-2014: S585
2015-2016: S2427
2017-2018: S2734
2019-2020: S1285
2021-2022: S1237

S4886 (ACTIVE) - Summary

Relates to the general civil penalty of the environmental conservation law; provides that in addition to the fines, such person may be enjoined from continuing such violation and any permit or certificate issued to such person may be revoked or suspended, or a pending renewal application may be denied.

S4886 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S4886

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to the
general civil penalty

 
PURPOSE:

To amend the Environmental Conservation Law (ECL) to provide injunctive
relief for ECL violations for which there is no specifically stated
penalty in law.

 
SUMMARY OF PROVISIONS:

Section 1 amends environmental Conservation Law § 71-4003 to provide for
injunctive relief, as well as revocation or suspension of a permit or
certificate or denial of a pending renewal application, for violations
of the ECL where the penalty is not otherwise specifically provided.

Section 2 sets the effective date.

 
EXISTING LAW:

Click here

 
JUSTIFICATION:

Typically, the relevant provisions of the ECL give the Commissioner
specific authority to assess monetary civil penalties and to direct
injunctive relief in redress of violations of such provisions.  However,
before passage of ECL § 71-4003 providing for a general civil penalty,
there were certain ECL violations for which there was no stated penalty
in law. When the Legislature enacted ECL § 71-4003 in 1977 (formerly
71-3903), it provided for the assessment of a monetary penalty, but not
for injunctive relief, for those violations for which there was no
specific penalty provided elsewhere in the ECL. The Department of Envi-
ronmental Conservation's experience since the enactment of ECL § 71-4003
has demonstrated the need to revise such section to include injunctive
relief.

The nature of certain ECL violations make injunctive relief a more
appropriate remedy than a monetary penalty. Fox example, ECL Article 34,
relating to Coastal Erosion Hazard Areas, recognizes the need to regu-
late activities and development, including erection of erosion protec-
tive structures, within the coastal erosion hazard areas of New York to
minimize damage to property and prevent the exacerbation of erosion
hazards. ECL Article 34 has no specific penalty provisions; therefore,
violations of such Article are penalized under ECL § 71-4003.. Pursuant
to ECL § 71-40030 the Commissioner may only assess monetary penalties.
However, if a violator has constructed a structure which is detrimental
to a coastal erosion hazard area, it may be more appropriate to require
that the violator remove such structure, rather than imposing a monetary
penalty.

In addition, revocation or suspension of a permit or certificate, or
denial of a renewal application may be a suitable penalty. This would be
especially true where the subject offense involves violation of the
conditions of such permit or certificate. This proposal, in amending ECL
§ 71-4003, would allow the Commissioner to utilize the penalty most
appropriate to the nature of the violation.

 
LEGISLATIVE HISTORY:

2022: Passed Senate

2021: Passed Senate

2020: Died in Environmental Conservation

2019: Died in Environmental Conservation

2018: Died in Environmental Conservation

2017: Died in Environmental Conservation

2016: Died in Environmental Conservation

2015: Died in Environmental Conservation

2014: Senate Bill 585 (Gianaris) - Died in Senate Environmental Conser-
vation Committee

2012: Senate Bill 1971 (Gianaris) - Died in Senate Environmental Conser-
vation Committee

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

Click here

 
EFFECTIVE DATE:
Immediately.

S4886 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4886
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 16, 2023
                                ___________
 
 Introduced  by  Sens.  GIANARIS,  ADDABBO,  HOYLMAN-SIGAL, KRUEGER, MAY,
   SEPULVEDA, SERRANO -- 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  the
   general civil penalty

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 71-4003 of the environmental conservation  law,  as
 amended  by  chapter  99  of  the  laws  of  2010, is amended to read as
 follows:
 § 71-4003. General civil penalty.
   Except as otherwise specifically provided elsewhere in this chapter, a
 person who violates any provision of this chapter, or  any  rule,  regu-
 lation or order promulgated pursuant thereto, or the terms or conditions
 of  any  permit, CERTIFICATE OR ORDER issued thereunder, shall be liable
 [to] FOR a civil penalty of not more than one thousand dollars,  and  an
 additional  civil penalty of not more than one thousand dollars for each
 day during which each such violation continues; AND IN ADDITION THERETO,
 SUCH PERSON MAY BE ENJOINED FROM  CONTINUING  SUCH  VIOLATION,  AND  ANY
 PERMIT OR CERTIFICATE ISSUED TO SUCH PERSON MAY BE REVOKED OR SUSPENDED,
 OR  A  PENDING  RENEWAL  APPLICATION MAY BE DENIED.   Any civil penalty,
 INJUNCTIVE RELIEF, OR PERMIT OR CERTIFICATE  REVOCATION,  SUSPENSION  OR
 DENIAL  provided for by this [chapter] SECTION may be assessed following
 a hearing or opportunity to be heard.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01968-01-3

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The New York State Senate

senate Bill S4886

Sponsored By

Current Bill Status - Passed Senate

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Votes

Mar 23, 2023 - floor Vote

Floor Vote: Mar 23, 2023

Mar 14, 2023 - Environmental Conservation committee Vote

Environmental Conservation Committee Vote: Mar 14, 2023

Co-Sponsors

S4886 (ACTIVE) - Details

S4886 (ACTIVE) - Summary

S4886 (ACTIVE) - Sponsor Memo

S4886 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4886

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Sponsored By

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 23, 2023 - floor Vote

Floor Vote: Mar 23, 2023

Mar 14, 2023 - Environmental Conservation committee Vote

Environmental Conservation Committee Vote: Mar 14, 2023

Co-Sponsors

S4886 (ACTIVE) - Details

S4886 (ACTIVE) - Summary

S4886 (ACTIVE) - Sponsor Memo

S4886 (ACTIVE) - Bill Text download pdf

Comments