Authorizes the attorney general to commence a special proceeding in a court hearing jurisdiction to enforce the provisions of the environmental conservation law and the rules and regulations adopted pursuant thereto in the name of the people of the state.
TITLE OF BILL: An act to amend the environmental conservation law, in relation to authorizing the attorney general to enforce the provisions of such law and the rules and regulations adopted pursuant thereto
PURPOSE OR GENERAL IDEA OF THE BILL: The bill would establish direct enforcement authority of the ECL and Department of Environmental Conservation (DEC) rules and regulations for the Attorney General.
SUMMARY OF PROVISIONS: The bill creates direct authority for the Attorney General of NYS to enforce the ECL, as well as rules and regulations promulgated by DEC through a special proceeding in a court having jurisdiction.
JUSTIFICATION: This bill would ensure that appropriate actions are taken to enforce the ECL in the absence of action by DEC. At the present time, the Attorney General may only proceed on ECL enforcement actions if such cases are referred by DEC. If this bill were enacted into law, the Attorney General could act directly to enforce the ECL, and/or rules and regulations of DEC, thereby establishing an improved enforcement presence and compliance with environmental statutes in NYS.
LEGISLATIVE HISTORY: 03/30/04 A.10492 Referred to Environmental Conservation 2005-06 A.6259 Referred to Environmental Conservation 2007-08 A.1459 Referred to Environmental Conservation 2009-10 Senate and Assembly Referred to Environmental Conservation 2011-12 S.2394
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: The act would take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 1027 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. SERRANO, DIAZ, HASSELL-THOMPSON, KLEIN, KRUEGER, SAVINO -- 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 authorizing the attorney general to enforce the provisions of such law and the rules and regulations adopted pursuant thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The environmental conservation law is amended by adding a new section 1-0305 to read as follows: S 1-0305. POWERS OF THE ATTORNEY GENERAL. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER TO THE CONTRARY, THE ATTORNEY GENERAL, UPON HIS OR HER OWN INITIATIVE, IS HEREBY AUTHORIZED TO, IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK, ENFORCE THE PROVISIONS OF THIS CHAPTER AND THE RULES AND REGULATIONS PROMULGATED PURSUANT THERETO BY COMMENCING A SPECIAL PROCEEDING IN A COURT HAVING JURISDICTION. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00538-01-3