What's happening
This bill authorizes the New York State Attorney General to independently enforce environmental conservation laws and regulations in court.
Why it matters
Empowers the Attorney General to take direct legal action. This change allows the New York State Attorney General to independently bring lawsuits or enforcement actions for violations of environmental laws, rather than waiting for referrals or requests from other agencies.
Potentially increases environmental law enforcement. With the Attorney General able to act on their own initiative, there could be more frequent and proactive enforcement of environmental regulations, possibly leading to greater deterrence of violations.
Shifts balance of enforcement authority. By giving the Attorney General explicit enforcement power, this amendment could reduce reliance on state environmental agencies (like the Department of Environmental Conservation) for legal actions, potentially speeding up responses to environmental harm or addressing cases that agencies may overlook.
Signals a strong state commitment to environmental protection. The provision underscores New York’s willingness to use legal means to uphold environmental standards, which may influence policy decisions, public perception, and corporate behavior regarding environmental responsibility.
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Who cares
Headline styles
Let AG Enforce Environmental Laws
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to environmental conservation
- Referred to environmental conservation
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3061
2017-2018 Regular Sessions
IN SENATE
January 19, 2017
Introduced by Sens. SERRANO, BAILEY, DIAZ, HOYLMAN, KLEIN, KRUEGER, SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to authorizing the attorney general to enforce the provisions of such law and the rules and regulations adopted pursuant thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The environmental conservation law is amended by adding a new section 1-0305 to read as follows: § 1-0305. Powers of the attorney general.
Notwithstanding any provision of this chapter to the contrary, the attorney general, upon his or her own initiative, is hereby authorized to, in the name of the people of the state of New York, enforce the provisions of this chapter and the rules and regulations promulgated pursuant thereto by commencing a special proceeding in a court having jurisdiction.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08494-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law, in relation to authorizing the attorney general to enforce the provisions of such law and the rules and regulations adopted pursuant thereto
Purpose or general idea of the bill
The bill would establish direct enforcement authority of the ECL and Department of Environmental Conservation (DEC) rules and regulations for the Attorney General.
Summary of provisions
The bill creates direct authority for the Attorney General of NYS to enforce the ECL, as well as rules and regulations promulgated by DEC through a special proceeding in a court having jurisdiction.
Justification
This bill would ensure that appropriate actions are taken to enforce the ECL in the absence of action by DEC. At the present time, the Attorney General may only proceed on ECL enforcement actions if such cases are referred by DEC. If this bill were enacted into law, the Attorney General could act directly to enforce the ECL, and/or rules and regulations of DEC, thereby establishing an improved enforcement presence and compliance with environmental statutes in NYS.
Legislative history
03/30/04 A.10492 Referred to Environmental Conservation 2005-06 A.6259 Referred to Environmental Conservation 2007-08 A.1459 Referred to Environmental Conservation 2009-10 S.3464 Senate and Assembly Referred to Environmental Conservation 2011-12 S.2394 Referred to Environmental Conservation 2013-14 S.1027 Referred to Environmental Conservation 2015-16 S.962 Referred to Environmental Conservation
Fiscal implications
None.
Effective date
The act would take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.