Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 09, 2010 |
reported referred to codes |
Jan 06, 2010 |
referred to environmental conservation |
Jun 02, 2009 |
reported referred to ways and means |
May 19, 2009 |
reported referred to codes |
Jan 09, 2009 |
referred to environmental conservation |
Assembly Bill A1696
2009-2010 Legislative Session
Sponsored By
ENGLEBRIGHT
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Vivian Cook
Vito Lopez
Ellen C. Jaffee
multi-Sponsors
William Colton
Jeffrey Dinowitz
Aileen Gunther
Carl Heastie
2009-A1696 (ACTIVE) - Details
- Current Committee:
- Assembly Codes
- Law Section:
- Environmental Conservation Law
- Laws Affected:
- Add §71-0520, En Con L
- Versions Introduced in 2011-2012 Legislative Session:
-
A4134
2009-A1696 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1696 2009-2010 Regular Sessions I N A S S E M B L Y January 9, 2009 ___________ Introduced by M. of A. ENGLEBRIGHT, COOK, V. LOPEZ -- Multi-Sponsored by -- M. of A. COLTON, DINOWITZ, GUNTHER, HEASTIE, MAYERSOHN, McENENY, SWEENEY -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to envi- ronmental benefit projects in lieu of civil penalties 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 71-0520 to read as follows: S 71-0520. ENVIRONMENTAL BENEFIT PROJECTS IN LIEU OF CIVIL PENALTIES. 1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: A. "ECONOMIC BENEFIT OF NONCOMPLIANCE" SHALL MEAN THAT PORTION OF THE CIVIL PENALTY WHICH INCLUDES THE ECONOMIC GAIN TO THE RESPONDENT RESULT- ING FROM ITS FAILURE TO COMPLY WITH THE APPLICABLE STANDARDS, CALCULATED FROM THE FIRST DAY OF VIOLATION AND INCLUDES THE PRESENT VALUE OF AVOIDED CAPITAL AND OPERATION COSTS AND PERMANENTLY AVOIDED COSTS WHICH WOULD HAVE BEEN EXPENDED IF COMPLIANCE HAD OCCURRED WHEN REQUIRED. B. "ENVIRONMENTAL BENEFIT PROJECT" OR "PROJECT" SHALL MEAN A PROJECT IN LIEU OF FULL PAYMENT OF CIVIL PENALTIES UNDERTAKEN BY A VIOLATOR THAT IS INTENDED TO COMPENSATE FOR A VIOLATION OR CONTRAVENTION OF APPLICABLE STANDARDS. C. "GRAVITY COMPONENT" SHALL MEAN THAT PORTION OF THE CIVIL PENALTY WHICH REFLECTS THE SERIOUSNESS OF A VIOLATION, CALCULATED ON THE BASIS OF THE POTENTIAL AND ACTUAL HARM CAUSED BY THE VIOLATION, AND THE VALUE OF THE NATURAL RESOURCE DAMAGES, IF THE VIOLATOR IS NOT REPAIRING THE HARM. 2. THE COMMISSIONER SHALL NOT ENTER INTO ANY AGREEMENT OR ADMINISTRA- TIVE ORDER WHICH PROVIDES FOR A PARTIAL SETTLEMENT OF CONDITIONS IN THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04900-01-9
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