Senate Bill S3269

2017-2018 Legislative Session

Grants private citizens broad authorization to commence civil judicial actions under certain titles of the environmental conservation law

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Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation 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

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2017-S3269 (ACTIVE) - Details

See Assembly Version of this Bill:
A8965
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 71 Title 45 §§71-4501 - 71-4513, amd §71-1311, En Con L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4272
2011-2012: S7814, A4656, A4801
2013-2014: S2769, A2047
2015-2016: S1087, A5802
2019-2020: S5013, A1424
2021-2022: S5394, A2261
2023-2024: S7913, A1622

2017-S3269 (ACTIVE) - Summary

Enacts "private environmental law enforcement act"; authorizes any private citizen who has an interest which is or may be adversely affected to commence civil judicial actions for injunctive or declaratory relief to remedy environmental harms under certain circumstances; provides that such action may be commenced against any person for any violation of an administrative or court order compelling an investigation or remediation of an inactive hazardous waste disposal site.

2017-S3269 (ACTIVE) - Sponsor Memo

2017-S3269 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3269
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2017
                                ___________
 
 Introduced  by Sens. PARKER, HOYLMAN, LATIMER, SERRANO, SQUADRON -- 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
   granting private citizens the  right  to  initiate  civil  enforcement
   actions for violations of such law
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 71 of the environmental conservation law is amended
 by adding a new title 45 to read as follows:
                                 TITLE 45
                           PRIVATE ENVIRONMENTAL
                            LAW ENFORCEMENT ACT
 SECTION 71-4501. ENFORCEMENT BY PRIVATE CITIZENS.
         71-4503. NOTICE OF ACTION.
         71-4505. INTERVENTION.
         71-4507. APPROVAL OF SETTLEMENTS.
         71-4509. COSTS, FEES AND PENALTIES.
         71-4511. APPLICABILITY IN THE ADIRONDACK PARK.
         71-4513. SAVINGS CLAUSE.
 § 71-4501. ENFORCEMENT BY PRIVATE CITIZENS.
   1. EXCEPT AS OTHERWISE PROVIDED IN SECTION 71-4503 OF THIS TITLE,  ANY
 PERSON  WHO  HAS SUFFERED OR MAY SUFFER AN INJURY IN FACT, REGARDLESS OF
 WHETHER SUCH INJURY IS DIFFERENT IN KIND OR DEGREE FROM THAT SUFFERED BY
 THE PUBLIC AT LARGE, MAY COMMENCE A CIVIL ACTION IN A COURT OF COMPETENT
 JURISDICTION FOR INJUNCTIVE AND DECLARATORY RELIEF PURSUANT TO  SUBDIVI-
 SION 2 OF THIS SECTION AGAINST ANY PERSON FOR ANY VIOLATION OF AN ADMIN-
 ISTRATIVE  OR COURT ORDER COMPELLING THAT PERSON TO INVESTIGATE OR REME-
 DIATE AN INACTIVE HAZARDOUS WASTE DISPOSAL SITE PURSUANT TO TITLE 13  OF
 ARTICLE  27  OF  THIS  CHAPTER,  OR  FOR  A  VIOLATION  OF THE FOLLOWING

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02729-01-7
              

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