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A561Assembly2009-2010 SessionSame asS3595

Imposes penalty upon agency failing to complete a remediation plan

Sponsor Brian KavanaghAD-74+3 co-sponsorsAffects Environment & Energy
Status
In Senate Committee
Environmental Conservation
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Senate · Environmental Conservation

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Who cares

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Sponsors

Primary sponsor
Brian Kavanagh

Assembly Member · Assembly District 74

2 Multi-sponsors

History

  1. Referred to environmental conservation
  2. Delivered to senate
  3. Passed assembly
  4. Ordered to third reading cal.43
  5. Returned to assembly
  6. Died in senate
  7. Referred to rules
  8. Delivered to senate
  9. Passed assembly
  10. Ordered to third reading rules cal.325
  11. Rules report cal.325
  12. Reported
Show 5 earlier actions
  1. Reported referred to rules
  2. Reported referred to codes
  3. Print number 561a
  4. Amend and recommit to environmental conservation
  5. Referred to environmental conservation

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S3595Senate

Imposes penalty upon agency failing to complete a remediation plan

In Senate Committee · Environmental Conservation · Sponsor Liz Krueger

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A561A

Title of bill

An act to amend the environmental conservation law, in relation to state agency environmental audits

Purpose

To improve New York State compliance with its own environmental laws.

Summary of provisions

By adding two new subdivisions to § 3-0311 of the environmental conservation law this bill defines what shall occur upon the timely completion, or failure to complete, a remedial plan by state agencies, public authorities, and public benefit corporations. An agency would be required to give public notice of completion or, upon failure to act appropriately, the department of Environmental Conservation would: (1) hold a public hearing at which the agency shall explain the failure to complete the plan on time, and provide an amended or alternative remedial plan which provides opportunity for participation by appropriate citizens groups; and (2) issue an order within 30 days of the hearing, directing the agency to complete the remediation plan. If this last plan is not completed or the alternative plan is rejected, the agency shall be sited for a violation and pay a fine.

Justification

It has been clearly established that the number one polluter in the State of New York is the State of New York. While we have required state agencies to undertake environmental audits, currently there are no teeth to the guidelines which help to regulate these affected agencies and authorities in regards to necessary remedial plans. This bill would pressure agencies to complete mandated remediation plans by adding public accountability; and allowing for action against agencies that fail to develop and carry through legitimate remedial plans.

Legislative history

2008:A08036 (Kavanagh) - Passed Assembly 2007:A08036 (Kavanagh) - Passed Assembly 2007:A03041 (Grannis) - En Con 2006:A01833 (Grannis) - Passed Assembly 2005:A01833 (Grannis) - Passed Assembly 2004:A00475 (Grannis) - Passed Assembly 2003:A00475 (Grannis) - Passed Assembly 2002:A01635 (Grannis) - Passed Assembly 2001:A01635 (Grannis) - Passed Assembly 2000:A01148 (Grannis) - Passed Assembly 1999:A01148 (Grannis) - Passed Assembly 1998:A00951 (Grannis) - Passed Assembly 1997:A00951 (Grannis) - Passed Assembly 1996:A01038 (Grannis) - Passed Assembly 1995:A01038 (Grannis) - Passed Assembly 1994:A05770 (Grannis) - Codes 1993:A05770 (Grannis) - Codes 1992:A10550 (Grannis) - En Con

Fiscal impact on the state

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.