S2394-2011 Actions

• Jan 4, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
• Jan 19, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S2394-2011 Memo

BILL NUMBER:S2394

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

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
The act would take effect immediately.

S2394-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2394
 2011-2012 Regular Sessions
 I N  SENATE
 January 19, 2011
 
 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.
 LBD00204-01-1

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