What's happening
This bill expands penalties for violating environmental laws to include injunctions, permit suspensions, revocations, or denial of renewals.
Why it matters
Empowers regulators with more enforcement tools. By allowing injunctions and permit actions (suspension, revocation, or denial of renewal), agencies can immediately halt or prevent ongoing or future environmental harm, rather than relying solely on financial penalties after violations occur.
Increases risks for businesses and individuals. Entities that hold environmental permits face the possibility of losing their right to operate, not just paying fines, which could have significant operational and financial consequences.
Strengthens deterrence against violations. The threat of losing permits or being barred from renewals may more effectively discourage repeat or egregious violations compared to monetary penalties alone.
Ensures due process. Any new penalties or actions (like suspending or revoking a permit) can only be imposed after a hearing or opportunity to be heard, protecting the rights of those accused of violations.
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Who cares
Headline styles
Tougher Environmental Penalties
Plain English, a few words. Used as the page title.
Sponsors
3 Co-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
1285
2019-2020 Regular Sessions
IN SENATE
January 14, 2019
Introduced by Sens. GIANARIS, HOYLMAN, KRUEGER, SERRANO -- 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 the general civil penalty
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 71-4003 of the environmental conservation law, as amended by chapter 99 of the laws of 2010, is amended to read as follows: § 71-4003. General civil penalty.
Except as otherwise specifically provided elsewhere in this chapter, a person who violates any provision of this chapter, or any rule, regulation or order promulgated pursuant thereto, or the terms or conditions of any permit, certificate or order issued thereunder, shall be liable [to] for a civil penalty of not more than one thousand dollars, and an additional civil penalty of not more than one thousand dollars for each day during which each such violation continues; and in addition thereto, such person may be enjoined from continuing such violation, and any permit or certificate issued to such person may be revoked or suspended, or a pending renewal application may be denied. Any civil penalty, injunctive relief, or permit or certificate revocation, suspension or denial provided for by this [chapter] section may be assessed following a hearing or opportunity to be heard.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04405-01-9
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 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
Environmental Conservation Law § 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.
Justification
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 Envi- ronmental 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. Fox example, ECL Article 34, relating to Coastal Erosion Hazard Areas, recognizes the need to regu- late activities and development, including erection of erosion protec- tive 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 § 71-40030 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 imposing 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.
Legislative history
2018: Died in Environmental Conservation
2017: Died in Environmental Conservation
2016: Died in Environmental Conservation
2015: Died in Environmental Conservation
2014: Senate Bill 585 (Gianaris) - Died in Senate Environmental Conser- vation Committee
2012: Senate Bill 1971 (Gianaris) - Died in Senate Environmental Conser- vation Committee
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.