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Assembly Bill A5075

2025-2026 Legislative Session

Requires the owner of certain sites to establish and maintain an environmental maintenance trust fund

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Current Bill Status - In Assembly Committee

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2025-A5075 (ACTIVE) - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 9 Title 23 §§9-2301 & 9-2303, En Con L
Versions Introduced in 2023-2024 Legislative Session:
A6152

2025-A5075 (ACTIVE) - Summary

Requires the owner of sites where any action is or was taken which may have a significant impact on the environment to establish and maintain an environmental maintenance trust fund.

2025-A5075 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5075
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2025
                                ___________
 
 Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
   tee on Environmental Conservation
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   requiring the owner of certain sites  to  establish  and  maintain  an
   environmental maintenance trust fund

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 9 of the environmental conservation law is  amended
 by adding a new title 23 to read as follows:
                                  TITLE 23
                   ENVIRONMENTAL MAINTENANCE TRUST FUND
 SECTION 9-2301. DEFINITIONS.
         9-2303. ENVIRONMENTAL MAINTENANCE TRUST FUND.
 § 9-2301. DEFINITIONS.
   FOR  THE  PURPOSES  OF  THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   1. "COVERED SITE" MEANS A SITE UPON WHICH ANY ACTION IS OR  WAS  TAKEN
 WHICH MAY HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT.
   2.  "ENVIRONMENTAL  MAINTENANCE" MEANS THE REMEDIATION AND RESTORATION
 OF THE ENVIRONMENT.
 § 9-2303. ENVIRONMENTAL MAINTENANCE TRUST FUND.
   1. (A) EACH OWNER OF A COVERED SITE SHALL ESTABLISH  AND  MAINTAIN  AN
 ENVIRONMENTAL  MAINTENANCE  TRUST  FUND  WHICH  SHALL BE HELD IN A TRUST
 FUND.  SUCH TRUST FUND SHALL NOT BE USED  FOR  ANY  PURPOSE  OTHER  THAN
 THOSE  DESCRIBED  IN THIS SECTION AND SHALL ONLY BE DISSOLVED IN ACCORD-
 ANCE WITH THIS SECTION.
   (B) UPON THE COMPLETED USE BY THE OWNER OF A COVERED SITE, THE DEPART-
 MENT SHALL CONDUCT AN INSPECTION OF SUCH SITE TO DETERMINE IF ANY  ENVI-
 RONMENTAL  MAINTENANCE IS REQUIRED DUE TO THE ACTIONS OF THE OWNERS.  IF
 AFTER SUCH INSPECTION THE DEPARTMENT DETERMINES THAT  THE  COVERED  SITE
 DOES  NOT  REQUIRE  ANY  ENVIRONMENTAL  MAINTENANCE,  THE OWNER SHALL BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08053-01-5

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