S1454-2011 Actions

• Jan 4, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
• Jan 7, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S1454-2011 Memo

BILL NUMBER:S1454

TITLE OF BILL:

An act
to amend the environmental conservation law, in relation to determining
municipality responsibility for hazardous waste remedial programs

PURPOSE:

This bill exempts municipalities from the responsibility for hazardous
waste remedial programs for properties which they acquired through
escheat, involuntary transfer, condemnation, or eminent domain, if
the municipality did not contribute to the wastes found on the site.

SUMMARY OF PROVISIONS:

This bill amends the state Superfund Program, Section 27-1313 of the
Environmental Conservation Law. This bill would exempt municipalities
from financial responsibility for remedial action on property which
they received title through escheat, involuntary transfer or
acquisition, eminent domain purchase or condemnation, unless the
municipality participated in the generation, transportation, or
disposal of the hazardous wastes or substances located on the property.

EXISTING LAW:

This bill would codify in New York State Law the exemption offered to
municipalities in the Federal Superfund Law (CERC-LA, Comprehensive
Environmental Response, Compensation, and Liability Act) for fiscal
responsibility for contaminated property remediation.

JUSTIFICATION:

As properties contaminated with hazardous wastes and substances lose
their resale value many land owners allow the contaminated property
to be claimed by municipalities to payoff their tax liability and to
dispose of the property. This leaves many municipalities throughout
the state
owning and being responsible for numerous contaminated properties. The
current State Superfund program requires responsible parties to
remediate the hazardous wastes found on the site. The law defines
responsible parties as any entity that generated, transported or
disposed of the wastes at the site and the current land owner. If a
municipality was not involved with the generation, transportation, or
disposal of the waste on the site, it should not be held responsible
for the clean-up of lands they received through the default of taxes.
The original owners of the land and generators of the wastes should
be responsible for the remediation of the site, not the taxpayers of
a community that did not contribute to the contamination.

LEGISLATIVE HISTORY:

S.228  2009-10
S.663  2007-08
S.1335 2005-06


S.754  2003-04
S.1426 2001-02
S.2460 1999-00

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

S1454-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 S. 1454                                                  A. 1407
 2011-2012 Regular Sessions
 SENATE - ASSEMBLY
 January 7, 2011
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print
 ed, and when printed to be committed to the Committee on Environmental
 Conservation
 IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
 to the Committee on Environmental Conservation
 

AN ACT to amend the  environmental  conservation  law,  in  relation  to
 determining  municipality  responsibility for hazardous waste remedial
 programs
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Subdivision  4  of  section  27-1313 of the environmental
 conservation law, as added by chapter  282  of  the  laws  of  1979,  is
 amended to read as follows:

 4.  Any  order  issued  pursuant  to subdivision three of this section
 shall be issued only after notice and the opportunity for a  hearing  is
 provided  to  persons  who may be the subject of such order. The commis
 sioner shall determine which persons are responsible  pursuant  to  said
 subdivision  according  to  applicable principles of statutory or common
 law liability, EXCEPT THAT A MUNICIPALITY WHICH RECEIVED  TITLE  TO  THE
 PROPERTY  THROUGH  ESCHEAT, OR THROUGH ANY OTHER INVOLUNTARY TRANSFER OR
 ACQUISITION, OR THROUGH THE EXERCISE  OF  EMINENT  DOMAIN  AUTHORITY  BY
 PURCHASE  OR  CONDEMNATION  SHALL  NOT BE CONSIDERED RESPONSIBLE FOR THE
 CONTAMINATION OF THE PROPERTY, UNLESS THE MUNICIPALITY GENERATED, TRANS
 PORTED, OR DISPOSED OF, ARRANGED FOR, OR  THE  MUNICIPALITY  CAUSED  THE
 GENERATION,   TRANSPORTATION,   OR   DISPOSAL  OF  HAZARDOUS  WASTES  OR
 SUBSTANCES LOCATED AT REAL PROPERTY PROPOSED TO BE INVESTIGATED OR TO BE
 REMEDIATED.  Such persons shall be entitled to raise  any  statutory  or
 common  law defense at any such hearing and such defenses shall have the
 same force and effect at such hearings as they would have in a court  of
 law.  In  the  event  a hearing is held, no order shall be issued by the
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03712-01-1
 
       S. 1454                             2                            A. 1407
 commissioner under subdivision three of this section until a final deci
 sion has been rendered. Any such order shall be reviewable  pursuant  to
 article  seventy-eight of the civil practice law and rules within thirty
 days  after  service  of  such  order.  The commissioner may request the
 participation of the attorney general in such hearings.
 

S 2. This act shall take effect immediately.

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