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History
- Referred to environmental conservation
- 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.
Relates to municipality responsibility for remedial programs involving hazardous wastes at sites owned by municipalities
In Assembly Committee · Environmental Conservation · Sponsor Fred Thiele
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S1454
Title of bill
An act to amend the environmental conservation law, in relation to determining municipality responsibility for hazardous waste remedial programs
Purpose
This bill exempts municipalities from the responsibility for hazardous waste remedial programs for properties which they acquired through escheat, involuntary transfer, condemnation, or eminent domain, if the municipality did not contribute to the wastes found on the site.
Summary of provisions
This bill amends the state Superfund Program, Section 27-1313 of the Environmental Conservation Law. This bill would exempt municipalities from financial responsibility for remedial action on property which they received title through escheat, involuntary transfer or acquisition, eminent domain purchase or condemnation, unless the municipality participated in the generation, transportation, or disposal of the hazardous wastes or substances located on the property.
Existing law
This bill would codify in New York State Law the exemption offered to municipalities in the Federal Superfund Law (CERC-LA, Comprehensive Environmental Response, Compensation, and Liability Act) for fiscal responsibility for contaminated property remediation.
Justification
As properties contaminated with hazardous wastes and substances lose their resale value many land owners allow the contaminated property to be claimed by municipalities to payoff their tax liability and to dispose of the property. This leaves many municipalities throughout the state owning and being responsible for numerous contaminated properties. The current State Superfund program requires responsible parties to remediate the hazardous wastes found on the site. The law defines responsible parties as any entity that generated, transported or disposed of the wastes at the site and the current land owner. If a municipality was not involved with the generation, transportation, or disposal of the waste on the site, it should not be held responsible for the clean-up of lands they received through the default of taxes. The original owners of the land and generators of the wastes should be responsible for the remediation of the site, not the taxpayers of a community that did not contribute to the contamination.
Legislative history
S.228 2009-10 S.663 2007-08 S.1335 2005-06
S.754 2003-04 S.1426 2001-02 S.2460 1999-00
Fiscal implications
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.