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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 the general civil penalty of the environmental conservation law
In Assembly Committee · Environmental Conservation · Sponsor Brian Kavanagh
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S1971
Title of bill
An act to amend the environmental conservation law, in relation to the general civil penalty
Purpose of bill
To amend the Environmental Conservation Law (ECL) to provide injunctive relief for ECL violations for which there is no specifically stated penalty in law.
Summary of provisions
ECL §71-4003 is amended to provide for injunctive relief, as well as revocation or suspension of a permit or certificate or denial of a pending renewal application, for violations of the ECL where the penalty is not otherwise specifically provided.
Existing law
ECL §71-4003 provides for a civil penalty of $500 for the initial violation, and an additional $500 for each day the violation continues.
Legislative history
STATEMENT IN SUPPORT: Typically, the relevant provisions of the ECL give the Commissioner specific authority to assess monetary civil penalties and to direct injunctive relief in redress of violations of such provisions. However, before passage of ECL §71-4003 providing for a general civil penalty, there were certain ECL violations for which there was no stated penalty in law. When the Legislature enacted ECL §71-4003 in 1977 (formerly §71-3903), it provided for the assessment of a monetary penalty, but not for injunctive relief, for those violations for which there was no specific penalty provided elsewhere in the ECL. The Department of Environmental Conservation's experience since the enactment of ECL §71-4003 has demonstrated the need to revise such section to include injunctive relief.
The nature of certain ECL violations make injunctive relief a more appropriate remedy than a monetary penalty. For example, ECL Article 34, relating to Coastal Erosion Hazard Areas, recognizes the need to regulate activities and development, including erection of erosion protective structures, within the coastal erosion hazard areas of New York to minimize damage to property and prevent the exacerbation of erosion hazards. ECL Article 34 has no specific penalty provisions; therefore, violations of such Article are penalized under ECL §71-4003. Pursuant to ECL §71-4003, the Commissioner may only assess monetary penalties. However, if a violator has constructed a structure which is detrimental to a coastal erosion hazard area, it may be more appropriate to require that the violator remove such structure, rather than pay a monetary penalty.
In addition, revocation or Suspension of a permit or certificate, or denial of a renewal application may be a suitable penalty. This would be especially true where the subject offense involves violation of
the conditions of such permit or certificate. This proposal, in amending ECL §71-4003, would allow the Commissioner to utilize the penalty most appropriate to the nature of the violation.
Budget 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.