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History
- Referred to environmental conservation
Full text
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Sponsor's memo
BILL NUMBER:S7070
Title of bill
An act to amend the environmental conservation law and the real property law, in relation to property condition disclosure statements
Purpose:
To provide notice to prospective purchasers of residential real property of the presence of a traditional dam or other impoundment structure which may subject them to liability under environmental conservation law section 15-0507.
Summary of Specific Provisions:
Section 1: Amends environmental conservation law to authorize the commissioner to promulgate regulations relating to disclosure in connection with hazardous dams.
Section 2: Amends the property disclosure statement as described in the Real Property law.
Section 3: This bill shall take effect immediately.
Existing Law:
Environmental conservation law section 15-0507 imposes liability on the owners of dams for their safe operation and continued monitoring. Section 462 of the Real property law lists the requirements of the mandatory disclosure form that any seller of residential real property must provide to prospective purchasers. Section 462 does not require disclosure of the presence of such structures.
Justification:
Environmental conservation law § 15-0507, as interpreted by an administrative law judge of the Department of Environmental Conservation in 2014, imposes structural and functional liability on any person determined to be an "owner" of land underneath or abutting a dam, regardless of the owner's knowledge or intent that they take possession of the dam structure. Such a situation was the source of extensive litigation in New York State. There are over 5,600 dams in New York State's dam inventory, 389 of which are classified as "Hazard code C," meaning that they pose a risk to human safety downstream. The owners of the structures are liable for their safe operation. This bill aims to protect prospective land purchasers from unknowingly purchasing land which imposes ECL Section 15-0507 liability upon them.
Fiscal Implications:
None.
Legislative History:
New Bill.
Effective Date:
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.