S5418-2011 Actions

• Jun 21, 2012: referred to environmental conservation
• Jun 21, 2012: DELIVERED TO ASSEMBLY
• Jun 21, 2012: PASSED SENATE
• Jun 11, 2012: ADVANCED TO THIRD READING
• Jun 6, 2012: 2ND REPORT CAL.
• Jun 5, 2012: 1ST REPORT CAL.1041
• May 23, 2012: PRINT NUMBER 5418B
• May 23, 2012: AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
• Jan 4, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Jun 16, 2011: referred to environmental conservation
• Jun 16, 2011: DELIVERED TO ASSEMBLY
• Jun 16, 2011: PASSED SENATE
• Jun 14, 2011: ADVANCED TO THIRD READING
• Jun 13, 2011: 2ND REPORT CAL.
• Jun 7, 2011: 1ST REPORT CAL.1046
• May 23, 2011: PRINT NUMBER 5418A
• May 23, 2011: AMEND (T) AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
• May 19, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S5418-2011 Votes

S5418-2011 Memo

BILL NUMBER:S5418              REVISED 05/19/11

TITLE OF BILL:
An act
to amend the navigation law, in relation to liability limitation
agreements

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to
provide liability limitation to persons who agree to remediate
discharges of petroleum in violation of section 181 of the navigation
law.

SUMMARY OF SPECIFIC PROVISIONS:
Subdivision 1 of section 181 of the
navigation law, as amended by chapter 712 of 1989, is amended to read
as follows:

Subdivision 1(a) - provides liability limitation with respect to
cleanup and removal costs and direct and indirect damages.

Subdivision 1(b) (i) - authorizes the department to enter into
liability limitation agreements with persons deemed to be in
violation of section 181 of the navigation law.

Subdivision 1(b) (ii) - provides limitations to the liability
limitation agreements.

Subdivision 2 - provides the effective date.

JUSTIFICATION:
Petroleum discharges occur in great numbers
throughout the state. They threaten the integrity of our natural
resources and present a grave risk to public health. Currently,
liability limitation is provided to participants in the brownfield
cleanup program. The same should be provided to persons found in
violation of the navigation law. While the department may issue what
has become known as a "no further action" letter, this letter has no
legally binding value. Liability limitation agreements, on the other
hand, will be legally binding and will encourage a greater number of
voluntary cleanups at no additional cost to the state.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S5418-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         5418
 2011-2012 Regular Sessions
 I N  SENATE
 May 19, 2011
 
 Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
 printed to be committed to the Committee on Environmental Conservation
 

AN ACT to amend the navigation law, in relation to liability  limitation
 agreements
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivision 1 of section 181  of  the  navigation  law,  as
 amended  by  chapter  712  of  the  laws  of 1989, is amended to read as
 follows:

 1. (A) Any person who  has  discharged  petroleum  shall  be  strictly
 liable,  without  regard to fault, for all cleanup and removal costs and
 all direct and indirect damages, no matter by whom sustained, as defined
 in this section, UNLESS THE  LIABILITY  LIMITATION  AS  DESCRIBED  UNDER
 PARAGRAPH  (B)  OF THIS SUBDIVISION APPLIES.  In addition to cleanup and
 removal costs and damages, any such  person  who  is  notified  of  such
 release  and who did not undertake relocation of persons residing in the
 area of the discharge in accordance with paragraph  (c)  of  subdivision
 seven  of  section  one  hundred  seventy-six  of this article, shall be
 liable to the fund for an amount equal  to  two  times  the  actual  and
 necessary  expense  incurred by the fund for such relocation pursuant to
 section one hundred seventy-seven-a of this article.
 (B) (I) ANY PERSON WHO AGREES TO REMEDIATE THE DISCHARGE TO THE SATIS
 FACTION OF THE DEPARTMENT, AND IN CONFORMANCE WITH THIS  ARTICLE,  SHALL
 BE  ENTITLED  TO  RECEIVE  LIABILITY LIMITATION. SUCH AGREEMENT SHALL BE
 CALLED THE LIABILITY LIMITATION  AGREEMENT  AND  SHALL  BE  WRITTEN  AND
 EXECUTED  BY BOTH THE DEPARTMENT AND SUCH PERSON. AFTER EXECUTION OF THE
 LIABILITY LIMITATION AGREEMENT, SUCH PERSON SHALL NOT BE LIABLE  TO  THE
 STATE  UPON  ANY STATUTORY OR COMMON LAW CAUSE OF ACTION, ARISING OUT OF
 THE PRESENCE OF ANY CONTAMINATION IN, ON, OR  EMANATING  FROM  THE  SITE
 THAT  WAS  THE  SUBJECT  OF  THE  LIABILITY LIMITATION, EXCEPT THAT SUCH
 PERSON SHALL NOT RECEIVE A RELEASE FOR NATURAL RESOURCE DAMAGES THAT MAY
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11700-01-1
 
       S. 5418                             2
 BE AVAILABLE UNDER LAW.   THE LIABILITY LIMITATION SHALL  APPLY  TO  ALL
 SUCCESSORS IN OWNERSHIP OF THE PROPERTY AND TO ALL PERSONS WHO LEASE THE
 PROPERTY OR WHO ENGAGE IN OPERATIONS ON THE PROPERTY, PROVIDED THAT SUCH
 PERSONS  ACT  WITH  DUE CARE AND IN GOOD FAITH TO ADHERE TO THE REQUIRE
 MENTS OF THE LIABILITY LIMITATION AGREEMENT.
 (II) A LIABILITY LIMITATION AGREEMENT AND THE PROTECTIONS  IT  AFFORDS
 SHALL NOT APPLY TO ANY DISCHARGE THAT OCCURS SUBSEQUENT TO THE EXECUTION
 OF  THE LIABILITY LIMITATION AGREEMENT, NOR SHALL A LIABILITY LIMITATION
 AGREEMENT AND THE PROTECTIONS IT AFFORDS RELIEVE ANY PERSON OF THE OBLI
 GATIONS TO COMPLY IN THE FUTURE WITH LAWS  AND  REGULATIONS.  THE  STATE
 NONETHELESS SHALL RESERVE ALL OF ITS RIGHTS CONCERNING, AND SUCH LIABIL
 ITY  LIMITATION  SHALL  NOT  EXTEND TO, ANY FURTHER INVESTIGATION AND/OR
 REMEDIATION THE DEPARTMENT DEEMS NECESSARY DUE TO  FRAUD,  NONCOMPLIANCE
 WITH  THE  TERMS  THAT  FORMED  THE LIABILITY LIMITATION AGREEMENT, OR A
 WRITTEN FINDING BY THE DEPARTMENT THAT  A  CHANGE  IN  AN  ENVIRONMENTAL
 STANDARD,  FACTOR,  OR  CRITERION  UPON  WHICH  THE LIABILITY LIMITATION
 AGREEMENT WAS  BASED  WOULD  RENDER  REMEDIATION  ACTIVITIES  NO  LONGER
 PROTECTIVE  OF PUBLIC HEALTH OR THE ENVIRONMENT. NOTHING IN THIS SECTION
 SHALL AFFECT THE LIABILITY OF THE PERSON RESPONSIBLE FOR  SUCH  PERSON'S
 OWN ACTS OR OMISSIONS CAUSING WRONGFUL DEATH OR PERSONAL INJURY. NOTHING
 IN THIS SECTION SHALL AFFECT THE LIABILITY OF ANY PERSON WITH RESPECT TO
 ANY CIVIL ACTION BROUGHT BY A PARTY OTHER THAN THE STATE. THE PROVISIONS
 OF THIS SECTION SHALL NOT AFFECT AN ACTION OR A CLAIM, INCLUDING A STAT
 UTORY OR COMMON LAW CLAIM FOR CONTRIBUTION OR INDEMNIFICATION, THAT SUCH
 PERSON HAS OR MAY HAVE AGAINST A THIRD PARTY.
 

S 2. This act shall take effect immediately.

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