Amends the civil penalties authorized to be levied by local boards of health

Title of bill

An act to amend the public health law, in relation to civil penalties

Purpose

This bill will align the maximum civil penalties that may be assessed by local boards of health for violations of the State Sanitary Code with the maximum civil penalties that may be assessed by the State for such violations.

Summary of provisions

Section one amends paragraph (f) of subdivision 1 of section 309 of the public health law, as amended by chapter 15 of the laws of 1995, to provide that a local board of health (LBOH) may impose penalties for the violation of or failure to comply with any of its orders or regulations or any of the regulations of the State Sanitary Code not to exceed $2,000 for a single violation or failure, increased from the current maximum of $1,000 per violation or failure.

Section two provides that nothing in this act shall be construed as requiring any LBOH or city to increase any maximum penalty provided in local law or regulation, or to assess any penalty at a higher level than is provided in local law or regulation.

Section three provides the effective date.

Justification

Currently there is a disparity in the civil penalty that can be assessed for a violation of the public health law or regulations or the State Sanitary Code: the State can impose a penalty of up to $2,000 whereas an LBOH is limited to a penalty of $1,000. There is no rational basis for this disparity. Since LBOHs may enforce the State Sanitary Code, it seems logical that the penalty be uniform for violations, whether the enforcement is handled at the State level or at the local level.

In addition, LBOHs believe that the current maximum penalty of $1,000 reduces their effectiveness in obtaining compliance with important public health and environmental health regulations. The imposition, whether real or threatened, of a higher penalty will serve as a more effective deterrent.

It has been 15 years since the maximum civil penalty assessable by an LBOH (the maximum civil penalty of $1,000 was set in 1995) has been raised. In light of the changing times and the inflationary conditions over the years, the increase in penalties is appropriate.

Aligning the maximum civil penalty with that of the State will not only provide LBOHs with a more effective tool to improve compliance but will also provide them with needed additional revenue.

Legislative history

New Bill.

Fiscal implications

Local jurisdictions that impose the higher penalties will derive increased revenues resulting from increased penalties for violations of public health law and State Sanitary Code. In addition, local jurisdictions will be able to use staff more effectively as staff time dedicated to enforcement will be saved as a result of improved compliance with the law.

Effective date

The act shall take effect on the 30th day after it shall have become law, and shall apply to all violations or failures to comply with any code, rule, regulation, order or special direction which occur on or after such date.