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S04033 Summary:

BILL NOS04033B
 
SAME ASSAME AS A03026-A
 
SPONSORHARCKHAM
 
COSPNSR
 
MLTSPNSR
 
Amd En Con L, generally; amd §83, St Fin L
 
Provides for the disposition of certain fees and penalties; directs such fees to a conservation enforcement account in the state conservation fund.
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S04033 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4033--B
            Cal. No. 1351
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    January 31, 2025
                                       ___________
 
        Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and  recommitted  to  said  committee  -- reported favorably from said
          committee and committed to the Committee on Finance -- reported favor-
          ably from said committee, ordered to first and second report,  ordered
          to a third reading, amended and ordered reprinted, retaining its place
          in the order of third reading
 
        AN ACT to amend the environmental conservation law and the state finance
          law, in relation to the disposition of certain fees and penalties
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 1 and 2 of section  71-0211  of  the  environ-
     2  mental  conservation  law, subdivision 1 as amended by chapter 60 of the
     3  laws of 1993, subdivision 2 as amended by chapter 460  of  the  laws  of
     4  1991, are amended to read as follows:
     5    1.  Notwithstanding  any  other provisions of law to the contrary, all
     6  fines and penalties collected pursuant to title nineteen of  this  arti-
     7  cle,  except  amounts  required  to  be  paid into the conservation fund
     8  pursuant to subdivision two of section  71-1929  of  such  title;  title
     9  twenty-one  of  this article; title twenty-seven of this article, except
    10  amounts required to be paid  into  the  hazardous  waste  remedial  fund
    11  pursuant  to subdivision two of section 71-2725 of such title; and title
    12  forty-one of this article shall be paid into the [general  fund  to  the
    13  credit of the state purposes account] conservation fund to the credit of
    14  the conservation enforcement account established pursuant to subdivision
    15  (k) of section eighty-three of the state finance law.
    16    2. Unless otherwise provided in this chapter, not later than the tenth
    17  day  of  each  month, all fines, penalties and forfeitures collected for
    18  violations of this chapter or rules, regulations, local  laws  or  ordi-
    19  nances  adopted  thereunder under judgment of any town or village court,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00125-06-5

        S. 4033--B                          2
 
     1  shall be paid over by such court to the comptroller of the state, with a
     2  statement accompanying the same, setting forth the action or  proceeding
     3  in  which  such  moneys  were  collected,  the name and residence of the
     4  defendant, the nature of the offense, and the fines and penalty imposed.
     5  The  comptroller  shall  pay  these  funds into the [general fund of the
     6  state] conservation fund to the credit of the  conservation  enforcement
     7  account  established pursuant to subdivision (k) of section eighty-three
     8  of the state finance law.
     9    § 2. Section 83 of the state finance law is amended by  adding  a  new
    10  subdivision (k) to read as follows:
    11    (k)  All  moneys, revenue, and interest thereon received and collected
    12  pursuant to titles nineteen,  twenty-one  and  twenty-seven  of  article
    13  seventy-one  of  the  environmental  conservation  law,  and pursuant to
    14  section 71-0211 of the environmental conservation law, other than  those
    15  amounts  prescribed  by  law  to  be directed into other funds, shall be
    16  deposited in a special account within the conservation fund to be  known
    17  as  the  conservation  enforcement account. All of such moneys, revenues
    18  and interest shall be  available  to  the  department  of  environmental
    19  conservation,  pursuant  to  appropriation,  exclusively for funding the
    20  enforcement of the environmental conservation law, including funding for
    21  scientists, environmental law enforcement officers, attorneys,  adminis-
    22  trative  support,  and such other expenses the commissioner deems neces-
    23  sary for such enforcement. Such money shall be used  to  supplement  and
    24  not  supplant funding for the enforcement of the environmental conserva-
    25  tion law as of the effective date of this  subdivision.  The  department
    26  shall  annually  submit  to  the  temporary president of the senate, the
    27  speaker of the assembly, the minority leader  of  the  senate,  and  the
    28  minority  leader of the assembly, following one year after the effective
    29  date of this subdivision, an annual expenditure report of the  conserva-
    30  tion fund.
    31    §  3.  Subdivision 1 of section 71-0213 of the environmental conserva-
    32  tion law, as added by section 1 of part DDD of chapter 59 of the laws of
    33  2009, is amended to read as follows:
    34    1. Whenever proceedings result in a conviction for  an  offense  under
    35  this chapter there shall be levied, in addition to any sentence required
    36  or  permitted  by  law,  the  following mandatory surcharges: (a) in the
    37  amount of twenty-five dollars for violations of sportfishing regulations
    38  set forth in 6 NYCRR 10; (b) in the amount of [seventy-five dollars] one
    39  hundred twelve dollars and fifty cents for all other offenses under this
    40  chapter provided, however, that convictions for offenses under  articles
    41  seventeen,  nineteen or twenty-seven of this chapter shall be subject to
    42  a mandatory surcharge equal to the greater of [seventy-five dollars] one
    43  hundred twelve dollars and fifty cents or  [six]  nine  percent  of  any
    44  penalty  or  fine imposed.  The mandatory surcharge shall be paid to the
    45  clerk of the court who shall remit such mandatory surcharge to the state
    46  comptroller provided, however, that in cases where  the  conviction  was
    47  rendered  by  a town or a village justice court, the clerk of such court
    48  shall pay twenty-five dollars of such  surcharge  to  the  chief  fiscal
    49  officer  of the town or village in the case of surcharges resulting from
    50  paragraph (b) of this  subdivision  and  ten  dollars  in  the  case  of
    51  surcharges  resulting  from  paragraph (a) of this subdivision and shall
    52  pay the remaining amounts of such  mandatory  surcharges  to  the  state
    53  comptroller  in  the  same manner as provided in section 71-0211 of this
    54  article. The comptroller shall pay such monies into the  state  treasury
    55  to  the  [credit of the general fund] conservation fund to the credit of

        S. 4033--B                          3
 
     1  the conservation enforcement account established pursuant to subdivision
     2  (k) of section eighty-three of the state finance law.
     3    § 4. Section 71-0301 of the environmental conservation law, as amended
     4  by chapter 400 of the laws of 1973, is amended to read as follows:
     5  § 71-0301. Summary abatement.
     6    Notwithstanding  any  inconsistent  provisions  of  law,  whenever the
     7  commissioner finds, after investigation, that  any  person  is  causing,
     8  engaging  in  or maintaining a condition or activity which, in [his] the
     9  judgment of the commissioner, presents an imminent danger to the  health
    10  or  welfare  of  the  people  of the state or results in or is likely to
    11  result in irreversible or irreparable damage to natural  resources,  and
    12  relates  to  the prevention and abatement powers of the commissioner and
    13  it therefore appears to be prejudicial to the interests of the people of
    14  the state to delay action until an opportunity  for  a  hearing  can  be
    15  provided, the commissioner may, without prior hearing, order such person
    16  by  notice,  in writing wherever practicable or in such other form as in
    17  the commissioner's judgment will reasonably  notify  such  person  whose
    18  practices  are intended to be proscribed, to discontinue, abate or alle-
    19  viate such condition or activity, and thereupon such person shall  imme-
    20  diately  discontinue,  abate or alleviate such condition or activity. As
    21  promptly as possible thereafter, not to exceed fifteen days, the commis-
    22  sioner shall provide the person an opportunity to be heard and to  pres-
    23  ent  proof  that  such  condition  or  activity  does  not  violate  the
    24  provisions of this section.   The commissioner  shall  adopt  any  other
    25  appropriate  rules  and  regulations  prescribing  the  procedure  to be
    26  followed in the issuance of such orders. Any person who violates any  of
    27  the  provisions  of,  or  who  fails to perform any duty imposed by this
    28  section, or any rule, regulation or order promulgated by the commission-
    29  er hereunder, shall be liable to a civil penalty of not more than [twen-
    30  ty-five hundred] three thousand seven hundred  fifty  dollars  for  each
    31  such  violation  and an additional penalty of not more than [five] seven
    32  hundred fifty dollars for each day during which such  violation  contin-
    33  ues, and, in addition thereto, such person may be enjoined from continu-
    34  ing  such  violation.  Penalties  and  injunctive relief provided herein
    35  shall be recoverable in an action brought by the attorney general at the
    36  request and in the name of the commissioner.
    37    § 5. Subdivisions 3 and 4 of  section  71-0507  of  the  environmental
    38  conservation law, subdivision 3 as amended by chapter 400 of the laws of
    39  1973, are amended to read as follows:
    40    3.  Moneys  received  by  a  town  justice or a village justice in any
    41  action for a penalty brought under the provisions of this chapter listed
    42  in section 71-0501 of titles 5 through 15 inclusive and title 33 or upon
    43  the settlement or compromise thereof, or a fine for a violation  of  the
    44  provisions  of  this  chapter  listed  in  section  71-0501 and titles 5
    45  through 15 inclusive and title 33 of this article shall be paid  to  the
    46  State  Comptroller as provided in section 27 of the Town Law and section
    47  4-410 of the village law. From the moneys so received, the  State  Comp-
    48  troller  shall pay all lawful fees for services rendered in such actions
    49  when instituted by order of the department  or  upon  information  of  a
    50  conservation officer, regional and assistant regional conservation offi-
    51  cer,  special  game protector, district ranger, forest ranger, or member
    52  of the state police. The balance of such moneys arising  from  penalties
    53  under [articles] article 11 or 13 [or title 9] of this [article] chapter
    54  or  upon  the  settlement  or  compromise  thereof  or  from  fines  for
    55  violations of any of the provisions of [articles] article 11 or  13  [or
    56  title  9]  of  this  [article]  chapter after the payment of lawful fees

        S. 4033--B                          4
 
     1  shall be credited by the Comptroller to the conservation fund. The Comp-
     2  troller shall adjust and settle [his] their account with  the  conserva-
     3  tion  fund  in  the manner provided by section 99-a of the State Finance
     4  Law.  The  balance of all other such moneys after payment of lawful fees
     5  shall be credited by the Comptroller to the [general fund]  conservation
     6  fund  to  the credit of the conservation enforcement account established
     7  pursuant to subdivision (k) of section eighty-three of the state finance
     8  law.
     9    4. All moneys received by any other person or court in an action for a
    10  penalty brought under the provisions of this chapter listed  in  section
    11  71-0501  and  titles 5 through 15 inclusive and title 33 of this article
    12  or upon the settlement or compromise thereof, or a fine for a  violation
    13  of the provisions of this chapter listed in section 71-0501 and titles 5
    14  through 15 inclusive and title 33 of this article, shall be paid by such
    15  person or court to the department within thirty days after receipt ther-
    16  eof.  The department shall pay the expenses of collection and the lawful
    17  fees of magistrates and constables for services  performed  in  criminal
    18  actions brought upon information of a conservation officer, regional and
    19  assistant   regional   conservation  officer,  special  game  protector,
    20  district ranger, forest ranger, or member  of  the  state  police.  Such
    21  moneys  derived  from  fines  or  penalties for violations of [articles]
    22  article 11 or 13 [or title 9] of this  [article]  chapter  or  from  the
    23  settlement  or compromise thereof shall be paid by the department to the
    24  Commissioner of Taxation and Finance and credited  to  the  conservation
    25  fund.  All  other  moneys so received by the department shall be paid to
    26  the Commissioner of Taxation and Finance and credited  to  the  [general
    27  fund]  conservation  fund  to the credit of the conservation enforcement
    28  account established pursuant to subdivision (k) of section  eighty-three
    29  of the state finance law.
    30    § 6. Subdivisions 1, 2, 6, 9 and 10 of section 71-0703 of the environ-
    31  mental  conservation  law, subdivisions 1, 2 and 6 as amended by chapter
    32  602 of the laws of 2003, subdivision 9 as added by chapter  267  of  the
    33  laws  of  2012 and subdivision 10 as added by chapter 330 of the laws of
    34  2014, are amended to read as follows:
    35    1. Except as otherwise provided in subdivision 4, 5, 6 or  7  of  this
    36  section,  any  person  who  violates  any  provision of article 9 or the
    37  rules, regulations or orders promulgated pursuant thereto or  the  terms
    38  of  any  permit  issued  thereunder,  or  who  fails to perform any duty
    39  imposed by any provision thereof shall be guilty of  a  violation,  and,
    40  upon  conviction,  shall  be  punished  by  a fine of not more than [two
    41  hundred fifty] three hundred seventy-five dollars,  or  by  imprisonment
    42  for  not  more than fifteen days, or by both such fine and imprisonment,
    43  and in addition thereto shall be liable to a civil penalty of  not  less
    44  than ten nor more than one hundred fifty dollars.
    45    2.  The  violation  of any of the provisions of the following sections
    46  shall subject the person guilty thereof to the following civil penalties
    47  in addition to  the  liability  prescribed  in  subdivision  1  of  this
    48  section:
    49    a. Section 9-1113 of this chapter, [two] three dollars per tree;
    50    b.  Subdivision  3  of  section  9-1105 of this chapter, [twenty-five]
    51  thirty-seven dollars and fifty cents per day;
    52    c. Subdivision 4 of section 9-1105 of this chapter, and subdivision  1
    53  of  section  9-1117  of this chapter, [ten] fifteen dollars per mile per
    54  day;
    55    d. Section 9-1115 of this chapter, [ten] fifteen dollars per mile;

        S. 4033--B                          5
 
     1    e. Subdivision 2 of section 9-1117 of this chapter, one hundred  fifty
     2  dollars per each offense; and
     3    f.  Section  9-1119 of this chapter, one hundred fifty dollars per day
     4  per locomotive.
     5    With respect to the penalty for violation of subdivision 4 of  section
     6  9-1105  of  this  chapter,  the  owner  and every person engaged in such
     7  cutting shall be liable therefor; however,  the  liability  for  penalty
     8  shall  not  arise  until  the  expiration  of twenty days after service,
     9  personally or by mail upon the alleged  violator  at  [his]  their  last
    10  known  place  of residence of a written notice of failure to comply with
    11  the requirements of subdivision 4 of section 9-1105 of this chapter.
    12    6. (a) In addition to any other penalty provided by  law,  any  person
    13  who  violates  subdivision  1 of section 9-0303 of this chapter shall be
    14  liable to a civil penalty of [two hundred fifty] three hundred  seventy-
    15  five  dollars per tree or treble damages, based on the stumpage value of
    16  such tree or both. Where the order or decision finds that the  defendant
    17  established  by  clear and convincing evidence, that when such defendant
    18  committed the violation, [he or she] they had cause to believe that  the
    19  land  was [his or her] their own, or that [he or she] such defendant had
    20  an easement or right of  way  across  such  land  which  permitted  such
    21  action,  damages  shall be awarded on the basis of the stumpage value of
    22  such tree or trees in the  market  as  if  they  were  privately  owned.
    23  Notwithstanding  the  foregoing,  this section shall not be construed to
    24  authorize the cutting of timber or removal of trees  where  such  action
    25  would  otherwise be violative of any provision of the state constitution
    26  or law.
    27    (b) In addition to any other penalty provided by  law,  a  person  who
    28  violates  section  9-1501  of  this  chapter shall be liable for a civil
    29  penalty of [two hundred fifty] three hundred  seventy-five  dollars  per
    30  tree or treble damages or both, based on the stumpage value of such tree
    31  or  trees.  Where  the order or decision finds that the defendant estab-
    32  lished by clear  and  convincing  evidence,  that  when  such  defendant
    33  committed  the violation, [he or she] they had cause to believe that the
    34  land was [his or her] their own or that [he or she] such  defendant  had
    35  an  easement  or  right  of  way  across  such land which permitted such
    36  action, damages shall be awarded on the basis of the stumpage  value  of
    37  such  tree  or  trees. Notwithstanding the foregoing, this section shall
    38  not be construed to authorize the cutting of timber or removal of  trees
    39  where  such  action would otherwise be violative of any provision of the
    40  state constitution or law.
    41    (c) For purposes of this subdivision, "stumpage value" shall mean  the
    42  current  fair  market  value of a tree as it stands prior to the time of
    43  sale, cutting, or removal. Stumpage value shall be determined by one  or
    44  more  of  the following methods: the sale price of the tree in an arm's-
    45  length sale, a review of  solicited  bids,  the  stumpage  price  report
    46  prepared  by  the  department  of environmental conservation, comparison
    47  with like sales on trees on state or private lands, or other appropriate
    48  means to assure that a  fair  market  value  is  established  within  an
    49  acceptable range based on the appropriate geographic area.
    50    9. a. Any person who transports, sells, imports or introduces invasive
    51  species, in violation of the regulations promulgated pursuant to section
    52  9-1709 of this chapter shall be subject to the following:
    53    For  any  first  violation  in lieu of a penalty there may be issued a
    54  written warning by the department and there may also be issued education
    55  materials at the discretion of  the  department  regarding  requirements
    56  related  to invasive species. Such person shall, however, for any subse-

        S. 4033--B                          6
 
     1  quent violation thereafter be subject to a fine of  no  less  than  [two
     2  hundred fifty] three hundred seventy-five dollars.
     3    b.  Any  nursery  grower  licensed pursuant to article fourteen of the
     4  agriculture and markets law, any person who owns or  operates  a  public
     5  vessel  as  such  term is defined in paragraph (a) of subdivision six of
     6  section two of the navigation law, or any person who owns or operates  a
     7  commercial  fishing  vessel who transports, sells, imports or introduces
     8  invasive species in violation of the regulations promulgated pursuant to
     9  section 9-1709 of this chapter, shall be subject to a fine of  not  less
    10  than  [six] nine hundred dollars upon the first penalty. Upon the second
    11  penalty such person shall be subject to a fine of not  less  than  [two]
    12  three thousand dollars. Upon a subsequent penalty and after a hearing or
    13  opportunity  to  be  heard  upon  due notice the following penalties may
    14  apply: (i) such nursery grower may be subject to the  revocation  proce-
    15  dures  of  section  one  hundred  sixty-three-c  of  the agriculture and
    16  markets law (ii) such person's vessel registration may be  suspended  or
    17  (iii) such person's fishing permit may be revoked by the department.
    18    10.  Any  person  who violates section 9-1710 of this chapter shall be
    19  guilty of a violation and shall be punishable  and  liable  to  a  civil
    20  penalty as provided in subdivision one of this section, provided, howev-
    21  er,  that  for  any  first violation in lieu of a penalty there shall be
    22  issued a written warning by the  department  and  there  shall  also  be
    23  issued education materials at the discretion of the department regarding
    24  requirements  related  to invasive species. Such person shall be subject
    25  to a fine of up to [one hundred fifty]  two hundred seventy-five dollars
    26  for a second offense, up to [two hundred fifty] three  hundred  seventy-
    27  five  dollars  for a third offense, and no less than [two hundred fifty]
    28  three hundred seventy-five dollars nor more  than  [one  thousand]  five
    29  hundred dollars for a fourth or subsequent offense.
    30    §  7. Section 71-0707 of the environmental conservation law is amended
    31  to read as follows:
    32  § 71-0707. Resisting or obstructing departmental agent or employee.
    33    Any person who resists or obstructs an authorized agent or employee of
    34  the department while [he] such agent or employee is engaged in  carrying
    35  out any provision of section 9-0305 shall be guilty of a violation which
    36  shall  be  punishable  by a fine not exceeding one hundred fifty dollars
    37  and by an additional fine [of] not exceeding [twenty-five]  thirty-seven
    38  dollars  and  fifty  cents for each additional day of such resistance or
    39  obstruction.
    40    § 8. Section 71-0709 of the environmental conservation law, as amended
    41  by chapter 640 of the laws of 1977, is amended to read as follows:
    42  § 71-0709. Injury to state lands.
    43    Any person who intentionally or negligently causes a fire which  burns
    44  on  or  over state lands shall be liable to the state for treble damages
    45  and, in addition, to a civil penalty of [ten] fifteen dollars for  every
    46  tree killed or destroyed by such fire. Damages to state lands and timber
    47  shall be ascertained and determined at the same rate of value as if such
    48  property were privately owned.
    49    § 9. Section 71-0711 of the environmental conservation law, as amended
    50  by chapter 640 of the laws of 1977, is amended to read as follows:
    51  § 71-0711. Injury to municipal or private lands.
    52    Any person who causes a fire which burns on or over lands belonging to
    53  another person or to a municipality shall be liable to the party injured
    54  (a) for actual damages in case of fire negligently caused or (b) for the
    55  higher  of actual damages or damages at the rate of [five] seven dollars

        S. 4033--B                          7
 
     1  and fifty cents for each tree  killed  or  destroyed  in  case  of  fire
     2  wilfully caused.
     3    §  10.  Section  71-1105  of  the  environmental  conservation law, as
     4  amended by chapter 99 of the  laws  of  2010,  is  amended  to  read  as
     5  follows:
     6  § 71-1105. Enforcement of subdivision 4 of section 15-0313.
     7    Any  violation  of  subdivision  4  of  section  15-0313  shall  be  a
     8  violation, punishable by a fine of not more than  [one  thousand  eight]
     9  two  thousand seven hundred dollars, and in addition thereto, by a civil
    10  penalty of not more than [one thousand eight] two thousand seven hundred
    11  dollars.
    12    § 11. Section  71-1107  of  the  environmental  conservation  law,  as
    13  amended  by  chapter  640  of  the  laws  of 1977, is amended to read as
    14  follows:
    15  § 71-1107. Punishment for violations of title 5 of article 15.
    16    1. A violation of section 15-0501, 15-0503 or 15-0505,  shall  consti-
    17  tute  a misdemeanor, punishable by a fine of not to exceed [ten] fifteen
    18  thousand dollars, or by imprisonment not to exceed one year or  by  both
    19  such  fine and imprisonment and, in addition thereto, by a civil penalty
    20  of not more than [five thousand] seven thousand five hundred dollars.
    21    2. A subcontractor, employee or agent of such person or public  corpo-
    22  ration,  or  of a state department who knowingly and intentionally acts,
    23  or a prime contractor  of  such  person,  public  corporation  or  state
    24  department  who  acts  with  or  without  an  intention  to  violate the
    25  provisions of title 5 of article  15,  in  disregard  of  specifications
    26  provided  in  a  construction contract protecting against stream damage,
    27  shall be guilty of a violation punishable by a fine  of  not  less  than
    28  [twenty-five]  thirty-seven  dollars and fifty cents, nor more than [two
    29  hundred fifty] three hundred seventy-five dollars,  or  by  imprisonment
    30  for  not  more than fifteen days, or by both such fine and imprisonment,
    31  and, in addition, thereto, by a civil penalty of  not  more  than  [five
    32  thousand] seven thousand five hundred dollars.
    33    §  12.  Section  71-1109  of  the  environmental  conservation law, as
    34  amended by chapter 364 of the laws  of  1999,  is  amended  to  read  as
    35  follows:
    36  § 71-1109. Enforcement of subdivisions 1 and 4 of section 15-0507.
    37    1.  Any  owner violating subdivision 1 of section 15-0507 or any regu-
    38  lations promulgated pursuant thereto may be liable for a penalty not  to
    39  exceed  [five]  seven  hundred fifty dollars for each and every offense;
    40  every violation of such subdivision shall be  a  separate  and  distinct
    41  offense;  and in case of a continuing violation, every day's continuance
    42  thereof shall be deemed a separate and distinct offense.
    43    2. Any owner violating subdivision 4 of section 15-0507 may be  liable
    44  for  a penalty not to exceed [five thousand] seven thousand five hundred
    45  dollars for each and every offense; every violation of an order referred
    46  to in such subdivision shall be a separate and distinct offense; and  in
    47  case of a continuing violation, every day's continuance thereof shall be
    48  deemed a separate and distinct offense.
    49    §  13.  Section  71-1111  of  the  environmental  conservation law, as
    50  amended by chapter 364 of the laws  of  1999,  is  amended  to  read  as
    51  follows:
    52  § 71-1111. Enforcement of subdivision 3 of section 15-0511.
    53    Any  person  or  local  public  corporation violating subdivision 3 of
    54  section 15-0511 may be liable for a penalty not to  exceed  [five  thou-
    55  sand]  seven  thousand  five hundred dollars for each and every offense;
    56  every violation of an order referred to in such subdivision shall  be  a

        S. 4033--B                          8
 
     1  separate  and  distinct  offense; and in case of a continuing violation,
     2  every day's continuance thereof shall be deemed a separate and  distinct
     3  offense.
     4    §  14. Subdivision 2 of section 71-1113 of the environmental conserva-
     5  tion law, as added by chapter 356 of the laws of  1985,  is  amended  to
     6  read as follows:
     7    2.  Any  person who violates the provisions of section 15-1506 of this
     8  chapter or the rules,  regulations,  orders  or  determinations  of  the
     9  commissioner promulgated thereto or the terms of any permit issued ther-
    10  eunder,  shall be liable for a civil penalty not less than [twenty-five]
    11  three thousand seven hundred fifty dollars nor more than  [ten]  fifteen
    12  thousand dollars per day of such violation.
    13    §  15.  Section  71-1115  of  the  environmental  conservation law, as
    14  amended by chapter 640 of the laws  of  1977,  is  amended  to  read  as
    15  follows:
    16  § 71-1115. Enforcement of section 15-1525.
    17    Any person violating the provisions of section 15-1525 shall be guilty
    18  of  a  violation punishable by a fine of not more than one thousand five
    19  hundred dollars, and in addition thereto, shall be liable  for  a  civil
    20  penalty  of  not  more  than  [fifteen hundred] two thousand two hundred
    21  fifty dollars.
    22    § 16. Subdivisions 1 and 2 of section  71-1117  of  the  environmental
    23  conservation  law,  as  amended  by chapter 640 of the laws of 1977, are
    24  amended to read as follows:
    25    1. Any person or public corporation violating subdivision 1 of section
    26  15-1745, shall be guilty of a violation punishable by a fine of not more
    27  than [five thousand] seven thousand five hundred dollars.
    28    2. In addition, the department may, in an action instituted by  it  in
    29  any  court  of  competent  jurisdiction, recover from any such person or
    30  public corporation the sum of [one hundred fifty]  two  hundred  twenty-
    31  five dollars per day for each day that such person or public corporation
    32  continues  to  take,  draw, divert or make use of any part or portion of
    33  such waters.
    34    § 17. Section  71-1121  of  the  environmental  conservation  law,  as
    35  amended  by  chapter  640  of  the  laws  of 1977, is amended to read as
    36  follows:
    37  § 71-1121. Enforcement of subdivision 2 of section 15-1947.
    38    Violation of subdivision 2  of  section  15-1947  shall  constitute  a
    39  violation,  punishable  by  a  fine  of  not more than one thousand five
    40  hundred dollars, and in addition thereto, a civil penalty  of  not  more
    41  than [fifteen hundred] two thousand two hundred fifty dollars.
    42    §  18.  Section  71-1123  of  the  environmental  conservation law, as
    43  amended by chapter 640 of the laws  of  1977,  is  amended  to  read  as
    44  follows:
    45  § 71-1123. Enforcement of section 15-2133.
    46    1.  Any neglect of the provisions of section 15-2133 by any officer or
    47  person in charge of any reservoir shall be a violation punishable  by  a
    48  fine of not more than one thousand five hundred dollars, and in addition
    49  thereto, by a civil penalty of not more than [fifteen hundred] two thou-
    50  sand two hundred fifty dollars.
    51    2.  Any  person  violating  the provisions of subdivision 3 of section
    52  15-2133 shall be guilty of a violation punishable by a fine of not  more
    53  than  one  thousand five hundred dollars, and in addition thereto, shall
    54  be liable for a civil penalty of not more  than  [fifteen  hundred]  two
    55  thousand two hundred fifty dollars.

        S. 4033--B                          9
 
     1    §  19.  Section  71-1125  of  the  environmental  conservation law, as
     2  amended by chapter 640 of the laws  of  1977,  is  amended  to  read  as
     3  follows:
     4  § 71-1125. Enforcement of section 15-2315.
     5    Any  person  who  violates  the  provisions  of  the first sentence of
     6  section 15-2315 shall be guilty of a violation punishable by a  fine  of
     7  not  more than one thousand five hundred dollars, and in addition there-
     8  to, shall be liable for a  civil  penalty  of  not  more  than  [fifteen
     9  hundred] two thousand two hundred fifty dollars.
    10    §  20. Subdivision 1 of section 71-1127 of the environmental conserva-
    11  tion law, as amended by chapter 401 of the laws of 2011, is  amended  to
    12  read as follows:
    13    1.  Any  person who violates any of the provisions of, or who fails to
    14  perform any duty imposed by article 15 except section  15-1713,  or  who
    15  violates or who fails to comply with any rule, regulation, determination
    16  or  order of the department heretofore or hereafter promulgated pursuant
    17  to article 15 except section 15-1713,  or  any  condition  of  a  permit
    18  issued  pursuant  to article 15 of this chapter, or any determination or
    19  order of the former water resources commission or the department hereto-
    20  fore promulgated pursuant to former article 5 of the  Conservation  Law,
    21  shall be liable for a civil penalty of not more than [two thousand five]
    22  three  thousand  seven  hundred  fifty dollars for such violation and an
    23  additional civil penalty of not more than  [five]  seven  hundred  fifty
    24  dollars  for  each  day  during  which such violation continues, and, in
    25  addition thereto, such person  may  be  enjoined  from  continuing  such
    26  violation as otherwise provided in article 15 except section 15-1713.
    27    §  21. Section 71-1131 of the environmental conservation law, as added
    28  by chapter 640 of the laws of 1977, is amended to read as follows:
    29  § 71-1131. Violations; criminal liability.
    30    Except as otherwise specifically provided, any person who violates any
    31  of the provisions of article 15 of this chapter, or any rule, regulation
    32  or order promulgated pursuant thereto, or the terms of any permit issued
    33  thereunder shall be guilty of a violation punishable by a  fine  of  not
    34  more than [five] seven hundred fifty dollars.
    35    §  22. Section 71-1203 of the environmental conservation law, as added
    36  by chapter 384 of the laws of 1983, is amended to read as follows:
    37  § 71-1203. Penalties.
    38    Any person who violates the provisions of article twenty-two  of  this
    39  chapter  shall be subject to a civil penalty not to exceed [ten] fifteen
    40  thousand dollars for each day  during  which  such  violation  occurred;
    41  provided, however, that the total penalty to be imposed shall not exceed
    42  one million five hundred thousand dollars.
    43    §  23.  Subdivisions  1  and 3 of section 71-1307 of the environmental
    44  conservation law, as amended by chapter 99 of  the  laws  of  2010,  are
    45  amended to read as follows:
    46    1.  Administrative sanctions. Any person who violates any provision of
    47  article 23 of this chapter or commits any offense described  in  section
    48  71-1305  of  this title shall be liable to the people of the state for a
    49  civil penalty not to exceed [eight] twelve thousand dollars and an addi-
    50  tional penalty of [two] three thousand dollars for each day during which
    51  such violation continues, to be assessed by  the  commissioner  after  a
    52  hearing  or  opportunity  to  be  heard. The commissioner, acting by the
    53  attorney general, may bring suit for collection of such  assessed  civil
    54  penalty  in  any court of competent jurisdiction. Such civil penalty may
    55  be released or compromised by the commissioner  before  the  matter  has
    56  been  referred  to  the attorney general; and where such matter has been

        S. 4033--B                         10
 
     1  referred to the attorney general, any such penalty may  be  released  or
     2  compromised  and any action commenced to recover the same may be settled
     3  and discontinued by the attorney general with the consent of the commis-
     4  sioner.  In addition, the commissioner shall have the power, following a
     5  hearing conducted pursuant to  rules  and  regulations  adopted  by  the
     6  department,  to  direct  the violator to cease the violation and reclaim
     7  and repair the affected site to a condition acceptable  to  the  commis-
     8  sioner,  to  the  extent possible within a reasonable time and under the
     9  direction and supervision of the commissioner. Any  such  order  of  the
    10  commissioner  shall  be enforceable in any action brought by the commis-
    11  sioner in any court of competent  jurisdiction.  Any  civil  penalty  or
    12  order issued by the commissioner under this subdivision shall be review-
    13  able  in  a proceeding under article seventy-eight of the civil practice
    14  law and rules.
    15    3. Criminal sanctions. Any person who,  having  any  of  the  culpable
    16  mental  states  defined  in  sections  15.05 and 20.20 of the penal law,
    17  violates any provision of article 23 of  this  chapter  or  commits  any
    18  offense  described in section 71-1305 of this title shall be guilty of a
    19  misdemeanor and, upon conviction thereof, shall be punished  by  a  fine
    20  not  to  exceed  one  thousand  five hundred dollars for each day during
    21  which such violation continues or by imprisonment for a term of not more
    22  than one year, or by both such fine and imprisonment. If the  conviction
    23  is  for  a subsequent offense committed after a first conviction of such
    24  person under this subdivision, punishment shall be  by  a  fine  not  to
    25  exceed  [eight]  twelve  thousand dollars for each day during which such
    26  violation continues or by imprisonment for a term of not more  than  one
    27  year, or by both such fine and imprisonment.
    28    §  24. Subdivision 1 of section 71-1707 of the environmental conserva-
    29  tion law is amended to read as follows:
    30    1. Any person  who  violates,  disobeys  or  disregards  any  term  or
    31  provision  of  this  chapter  listed in section 71-1701, or of titles 17
    32  through 21 inclusive of this article or of any lawful notice,  order  or
    33  regulation  pursuant  thereto for which a civil penalty is not otherwise
    34  expressly prescribed by law, shall be liable to the people of the  state
    35  for  a  civil penalty of not to exceed one thousand five hundred dollars
    36  for every such violation.
    37    § 25. Section 71-1711 of the environmental conservation law is amended
    38  to read as follows:
    39  § 71-1711. Willful violation of health laws.
    40    1. A person who willfully violates or refuses or omits to comply  with
    41  any  lawful  order or regulation prescribed by any local board of health
    42  or local health officer, is guilty of a  misdemeanor;  except,  however,
    43  that  where such order or regulation applies to a tenant with respect to
    44  [his] such tenant's own dwelling unit or to an owner occupied one or two
    45  family dwelling, such person is guilty  of  an  offense  for  the  first
    46  violation  punishable  by  a  fine  not  to  exceed [fifty] seventy-five
    47  dollars and for a second or subsequent violation is guilty of  a  misde-
    48  meanor  punishable  by  a  fine not to exceed [five] seven hundred fifty
    49  dollars or by imprisonment not to exceed six months or by both such fine
    50  and imprisonment.
    51    2. A person who willfully violates any provision of this chapter list-
    52  ed in section 71-1701, or of titles 17  through  21  inclusive  of  this
    53  article,  or  any  regulation lawfully made or established by any public
    54  officer or board under authority of such provisions, the punishment  for
    55  violating  which  is  not otherwise prescribed by such provisions or any

        S. 4033--B                         11
 
     1  other law, is punishable by imprisonment not exceeding one year, or by a
     2  fine not exceeding [two] three thousand dollars or by both.
     3    §  26.  Section  71-1725  of  the  environmental  conservation law, as
     4  amended by chapter 400 of the laws  of  1973,  is  amended  to  read  as
     5  follows:
     6  § 71-1725. Assessment of Penalties.
     7    The  commissioner may assess any penalty prescribed for a violation of
     8  or a failure to comply with any provision contained  in  this  title  or
     9  listed  in  section  71-1701,  or any lawful notice, order or regulation
    10  prescribed by the commissioner under any such  provision,  one  thousand
    11  five  hundred dollars for every such violation or failure, which penalty
    12  may be assessed after a hearing or an opportunity to be heard.
    13    § 27. Section 71-1905 of the environmental conservation law is amended
    14  to read as follows:
    15  § 71-1905. Enforcement of section 17-1705.
    16    Any person violating any provision of section 17-1705 shall forfeit to
    17  the county where the violation occurred the sum of [fifty]  seventy-five
    18  dollars for every such violation.
    19    §  28. Subdivision 1 of section 71-1907 of the environmental conserva-
    20  tion law is amended to read as follows:
    21    1. Every person violating  any  provision  of  section  17-1707  shall
    22  forfeit  to  the  municipality  having a local board of health where the
    23  violation occurs the sum of [twenty-five] thirty-seven dollars and fifty
    24  cents for the first day when the violation takes place, and the  sum  of
    25  [ten]  fifteen  dollars  for every subsequent day that such violation is
    26  repeated or continued.
    27    § 29. Subdivision 2 of section 71-1909 of the environmental  conserva-
    28  tion  law,  as amended by section 35 of part C of chapter 62 of the laws
    29  of 2003, is amended to read as follows:
    30    2. Any person violating any provision  of  section  17-1709  shall  be
    31  guilty  of  a  misdemeanor,  and  punishable  by a fine of not more than
    32  [seven hundred fifty] one thousand one hundred twenty-five dollars or by
    33  imprisonment for not more than one year or by both such fine and  impri-
    34  sonment.
    35    §  30.  Section  71-1911  of  the  environmental  conservation law, as
    36  amended by section 36 of part C of chapter 62 of the laws  of  2003,  is
    37  amended to read as follows:
    38  §  71-1911. Enforcement of section 17-1711.
    39    Any  person violating any provision of section 17-1711 shall be guilty
    40  of an offense, and punishable by a fine of not more than  [seventy-five]
    41  one hundred twelve dollars and fifty cents.
    42    §  31. Subdivision 2 of section 71-1913 of the environmental conserva-
    43  tion law is amended to read as follows:
    44    2. Any person violating any provision  of  section  17-1713  shall  be
    45  guilty  of  a  misdemeanor,  and  punishable  by a fine of not more than
    46  [five] seven hundred fifty dollars or by imprisonment for not more  than
    47  one year or by both such fine and imprisonment.
    48    §  32. Subdivision 1 of section 71-1915 of the environmental conserva-
    49  tion law is amended to read as follows:
    50    1. Any person violating any provision  of  section  17-1715  shall  be
    51  guilty  of  a  misdemeanor,  and  punishable  by a fine of not more than
    52  [five] seven hundred fifty dollars or by imprisonment for not more  than
    53  one year or by both such fine and imprisonment.
    54    §  33. Subdivision 1 of section 71-1921 of the environmental conserva-
    55  tion law is amended to read as follows:

        S. 4033--B                         12
 
     1    1. Any person putting in or constructing  or  maintaining  a  conduit,
     2  discharge  pipe  or  other means of discharging or casting any refuse or
     3  waste matter in violation of section 17-1729 shall forfeit to the people
     4  of the state [five] seven dollars and fifty cents a day for each day the
     5  same  is  used  or  maintained  for  such purpose, to be collected in an
     6  action brought by the commissioner.
     7    § 34. Subdivision 1 of section 71-1929 of the environmental  conserva-
     8  tion  law,  as amended by section 37 of part C of chapter 62 of the laws
     9  of 2003, is amended to read as follows:
    10    1. A person who violates any of the provisions of,  or  who  fails  to
    11  perform  any  duty imposed by titles 1 through 11 inclusive and title 19
    12  of article 17, or the rules, regulations, orders  or  determinations  of
    13  the  commissioner  promulgated thereto or the terms of any permit issued
    14  thereunder, shall be liable to a penalty of not to exceed  [thirty-seven
    15  thousand  five hundred] fifty-six thousand two hundred fifty dollars per
    16  day for each violation, and, in addition thereto,  such  person  may  be
    17  enjoined   from  continuing  such  violation  as  hereinafter  provided.
    18  Violation of a permit condition shall constitute grounds for  revocation
    19  of  such permit, which revocation may be accomplished either as provided
    20  in paragraph f of subdivision 4 of section 17-0303 or by order of  judg-
    21  ment of the supreme court as an alternate or additional civil penalty in
    22  an action brought pursuant to subdivision 3 of this section.
    23    § 35. Subdivision 1 and subparagraphs i, ii, iii and iv of paragraph b
    24  of  subdivision  8  of section 71-1933 of the environmental conservation
    25  law, subdivision 1 as amended by section 38 and subparagraphs i, ii, iii
    26  and iv of paragraph b of subdivision 8 as amended by section 39 of  part
    27  C of chapter 62 of the laws of 2003, are amended to read as follows:
    28    1. Any person who, having any of the culpable mental states defined in
    29  section  15.05  of the penal law, shall violate any of the provisions of
    30  titles 1 through 5, 9 through 11 and 19 of  article  17  or  the  rules,
    31  regulations,  orders  or  determinations of the commissioner promulgated
    32  thereto, or the terms of any permit issued thereunder, shall  be  guilty
    33  of  a  misdemeanor  and, upon conviction thereof, shall be punished by a
    34  fine of not less than [three thousand seven hundred fifty] five thousand
    35  six hundred twenty-five dollars nor  more  than  [thirty-seven  thousand
    36  five  hundred]  fifty-six  thousand two hundred fifty dollars per day of
    37  violation or by imprisonment for a term of not more than one year, or by
    38  both such fine and imprisonment. If the conviction  is  for  an  offense
    39  committed  after  a  first conviction of such person under this subdivi-
    40  sion, punishment shall be by a fine of not more than [seventy-five thou-
    41  sand] one hundred twelve  thousand  five  hundred  dollars  per  day  of
    42  violation, or by imprisonment for not more than two years, or by both.
    43    i.  [$750,000]  $1,125,000 for a class C felony committed by an organ-
    44  ization as defined in section 71-1932 of this title;
    45    ii. [$375,000] $562,500 for a class C felony;
    46    iii. [$75,000] $112,500 per day of continuing violation for a class  E
    47  felony  defined  under  subdivision four of this section but in no event
    48  less than [$7,500] $11,250; and [$15,000] $22,500 for a class  E  felony
    49  defined under subdivision seven of this section;
    50    iv.  [$37,500]  $56,250  per day of continuing violation for a class A
    51  misdemeanor but in no event less than [$3,750] $5,625.
    52    § 36. Paragraph b of subdivision 3 of section 71-1939 of the  environ-
    53  mental conservation law, as added by chapter 543 of the laws of 2010, is
    54  amended to read as follows:
    55    b.  All  fines  and  penalties  collected pursuant to this subdivision
    56  shall be paid to the district or county, provided,  however,  that  one-

        S. 4033--B                         13
 
     1  quarter  of  such  fines  and  penalties  received  shall be paid to the
     2  [general fund to the credit of the state purposes account]  conservation
     3  fund  to  the credit of the conservation enforcement account established
     4  pursuant to subdivision (k) of section eighty-three of the state finance
     5  law.
     6    §  37. Subdivision 1 of section 71-1941 of the environmental conserva-
     7  tion law, as amended by section 40 of part C of chapter 62 of  the  laws
     8  of 2003, is amended to read as follows:
     9    1.  Except  where  the  owner of or a person in actual or constructive
    10  possession or control of more than one thousand one hundred gallons,  in
    11  bulk,  of  any  liquid  including petroleum which, if released, would or
    12  would be likely to pollute the lands or waters of  the  state  including
    13  the  groundwaters  thereof  can  prove that the entry or presence of any
    14  part of such liquid onto such lands or into or in such waters causing or
    15  contributing to a condition therein in contravention  of  the  standards
    16  adopted or deemed adopted by the water pollution control board or any of
    17  its  legal successors was caused solely by (A) an act of God, (B) an act
    18  of war, (C) negligence on the part of the  United  States  or  New  York
    19  State  Government  or  (D)  an  act or omission of a third party without
    20  regard to whether any such act or omission was or was not negligent,  or
    21  any  combination of the foregoing clauses, such owner or person shall be
    22  liable for a penalty of not more  than  [three  thousand  seven  hundred
    23  fifty]  five  thousand  six  hundred  twenty-five dollars for an initial
    24  incident resulting in or contributing to such a contravention and for an
    25  additional penalty not to exceed [seven hundred fifty] one thousand  one
    26  hundred twenty-five dollars for each day during which such contravention
    27  or  contribution  thereto  continues, and in addition shall be liable to
    28  the people of the state of New York for the actual costs incurred by  or
    29  on  behalf  of the people of the state for the removal or neutralization
    30  of such liquid  and  for  any  and  all  reasonable  measures  taken  or
    31  attempted  to  reduce,  limit  or  diminish the extent or effect of such
    32  contravention.
    33    § 38. Section  71-1943  of  the  environmental  conservation  law,  as
    34  amended  by  section  41 of part C of chapter 62 of the laws of 2003, is
    35  amended to read as follows:
    36  § 71-1943. Enforcement of section 17-1743.
    37    Any person who fails to so notify  the  department  of  such  release,
    38  discharge  or spill into the waters of the state as described in section
    39  17-1743 of this chapter shall, upon conviction, be fined not  more  than
    40  [three  thousand  seven hundred fifty] five thousand six hundred twenty-
    41  five dollars or imprisoned for not more than one year, or both.
    42    § 39. Section 71-1945 of the environmental conservation law, as  added
    43  by chapter 205 of the laws of 2010, is amended to read as follows:
    44  § 71-1945. Enforcement of title 21 of article 17.
    45    1.  Except  as  otherwise  provided  in  this  section, any person who
    46  violates any provision of title 21 of article 17 of this chapter or  any
    47  rule,  regulation  or  order  issued  thereunder  shall be liable to the
    48  people of the state for a civil  penalty  not  to  exceed  [five]  seven
    49  hundred fifty dollars for a first violation, and not to exceed one thou-
    50  sand  five hundred dollars for each subsequent violation, to be assessed
    51  by the commissioner after a hearing or opportunity to be heard.
    52    2. Any owner or owner's agent, or occupant of a household who violates
    53  any provision of title 21 of article 17 of this  chapter  or  any  rule,
    54  regulation  or  order  issued thereunder shall, for a first violation be
    55  issued a written warning and be provided educational materials.  Upon  a
    56  second violation, the owner or owner's agent, or occupant of a household

        S. 4033--B                         14
 
     1  shall  be  liable  to the people of the state for a civil penalty not to
     2  exceed one hundred fifty dollars,  and  for  any  subsequent  violations
     3  shall  be  liable  to the people of the state for a civil penalty not to
     4  exceed  [two  hundred fifty] three hundred twenty-five dollars. No owner
     5  or owner's agent of a household shall be held liable for  any  violation
     6  by an occupant. Such penalties may be assessed by the commissioner after
     7  a hearing or opportunity to be heard.
     8    §  40. Subdivision 1 of section 71-2103 of the environmental conserva-
     9  tion law, as amended by chapter 99 of the laws of 2010,  is  amended  to
    10  read as follows:
    11    1.  Except as provided in section 71-2113, any person who violates any
    12  provision of article nineteen or any code, rule or regulation which  was
    13  promulgated  pursuant  thereto;  or  any order except an order directing
    14  such person to pay a penalty by a specified date issued by  the  commis-
    15  sioner  pursuant  thereto,  shall  be  liable,  in  the  case of a first
    16  violation, for a penalty  not  less  than  [five]  seven  hundred  fifty
    17  dollars  nor more than [eighteen] twenty-seven thousand dollars for said
    18  violation and an additional penalty of not to exceed [fifteen  thousand]
    19  twenty  thousand  five  hundred  dollars  for each day during which such
    20  violation continues. In the case of a second or any  further  violation,
    21  the  liability shall be for a penalty not to exceed [twenty-six] thirty-
    22  nine thousand dollars for said violation and an additional  penalty  not
    23  to exceed [twenty-two thousand five hundred] thirty-three thousand seven
    24  hundred  fifty  dollars for each day during which such violation contin-
    25  ues. In addition thereto, such person may be  enjoined  from  continuing
    26  such violation as hereinafter provided.
    27    §  41. Subdivision 1 of section 71-2105 of the environmental conserva-
    28  tion law, as amended by chapter 99 of the laws of 2010,  is  amended  to
    29  read as follows:
    30    1. Except as provided in section 71-2113, any person who shall wilful-
    31  ly  violate  any  of  the  provisions of article 19 or any code, rule or
    32  regulation promulgated pursuant thereto or any  final  determination  or
    33  order of the commissioner made pursuant to article 19 shall be guilty of
    34  a  misdemeanor,  and,  upon  conviction  thereof, shall be punished by a
    35  fine, in the case of a first conviction, of not less than  [five]  seven
    36  hundred  fifty  dollars  nor  more than [eighteen] twenty-seven thousand
    37  dollars or by imprisonment for a term of not more than one year,  or  by
    38  both  such  fine  and  imprisonment, for each separate violation. If the
    39  conviction is for an offense committed after  the  first  conviction  of
    40  such  person  under this subdivision, such person shall be punished by a
    41  fine not to exceed [twenty-six]  thirty-nine  thousand  dollars,  or  by
    42  imprisonment,  or  by both such fine and imprisonment. Each day on which
    43  such violation occurs shall constitute a separate violation.
    44    § 42. Section 71-2111 of the environmental conservation law, as  added
    45  by chapter 400 of the laws of 1973, is amended to read as follows:
    46  § 71-2111. Enforcement of air pollution emergency rules and regulations.
    47    Any  person  who  violates  any  of  the  provisions of any regulation
    48  promulgated by the commissioner under authority of paragraph y of subdi-
    49  vision one of section 3-0301 shall be liable for a civil penalty of  not
    50  more  than  [twenty-five] three thousand seven hundred fifty dollars for
    51  each such violation and an additional penalty of not  more  than  [five]
    52  seven  hundred  fifty  dollars  for each day during which such violation
    53  continues, and, in addition thereto, such persons may be  enjoined  from
    54  continuing  such  violation.  Penalties  and  injunctive relief provided
    55  herein shall be recoverable in an action brought by the attorney general
    56  at the request and in the name of the commissioner.

        S. 4033--B                         15
 
     1    § 43. Section 71-2113 of the environmental conservation law, as  added
     2  by  chapter 942 of the laws of 1984, subdivision 1 as amended by section
     3  23 and subdivision 2 as amended by section 24 of part C of chapter 62 of
     4  the laws of 2003, is amended to read as follows:
     5  § 71-2113. Violations of section 19-0304 of article 19 of this chapter.
     6    1.  Civil and administrative sanctions. Any person who violates any of
     7  the provisions of, or who fails to perform any duty imposed  by  section
     8  19-0304  of this chapter, or any rule or regulation promulgated pursuant
     9  thereto, or any term or condition of any certificate  or  permit  issued
    10  pursuant thereto, or any final determination or order of the commission-
    11  er made pursuant to article 19 of this chapter concerning a violation of
    12  section  19-0304  of this chapter shall be liable in the case of a first
    13  violation, for a civil penalty not to exceed [thirty-seven thousand five
    14  hundred] fifty-six thousand two hundred fifty dollars and an  additional
    15  penalty  of not more than [thirty-seven thousand five hundred] fifty-six
    16  thousand two hundred fifty  dollars  for  each  day  during  which  such
    17  violation  continues, to be assessed by the commissioner after an oppor-
    18  tunity to be heard pursuant to the provisions of section 71-1709 of this
    19  article, or by the court in any action or proceeding pursuant to section
    20  71-2107 of this title, and, in addition  thereto,  such  person  may  by
    21  similar  process  be  enjoined  from  continuing  such violation and any
    22  permit or certificate issued to such person may be revoked or  suspended
    23  or a pending renewal application denied. In the case of a second and any
    24  further  violation,  the  liability  shall be for a civil penalty not to
    25  exceed [seventy-five] one hundred twelve thousand five  hundred  dollars
    26  for  each  such violation and an additional penalty not to exceed seven-
    27  ty-five thousand dollars  for  each  day  during  which  such  violation
    28  continues.
    29    2.  Criminal  sanctions.  Any  person  who, having any of the culpable
    30  mental states defined in section 15.05 of the penal law,  shall  violate
    31  any  of  the  provisions  of or who fails to perform any duty imposed by
    32  section 19-0304 of this chapter, or any rules and regulations promulgat-
    33  ed pursuant thereto, or any term or  condition  of  any  certificate  or
    34  permit  issued  pursuant thereto, or any final determination or order of
    35  the commissioner made pursuant to article 19 of this chapter  concerning
    36  a  violation  of  section  19-0304  of this chapter shall be guilty of a
    37  misdemeanor and, upon conviction thereof, shall for a  first  conviction
    38  be punished by a fine not to exceed [thirty-seven thousand five hundred]
    39  fifty-six  thousand two hundred fifty dollars per day of violation or by
    40  imprisonment for a term of not more than one year, or both such fine and
    41  imprisonment. If the conviction is for  an  offense  committed  after  a
    42  first conviction of such person under this subdivision, punishment shall
    43  be  by  a  fine not to exceed [seventy-five] one hundred twelve thousand
    44  five hundred dollars per day of violation, or by  imprisonment  for  not
    45  more than two years or by both such fine and imprisonment.
    46    §  44. Section 71-2201 of the environmental conservation law, as added
    47  by chapter 740 of the laws of 1978, the opening paragraph  and  subdivi-
    48  sion  1 as amended and subdivision 3 as added by chapter 901 of the laws
    49  of 1983, subdivision 4 as added by chapter 294 of the laws of  1991,  is
    50  amended to read as follows:
    51  § 71-2201. Enforcement of title 23 of article 23 of this chapter.
    52    Administrative  and civil sanctions. 1. Any person who violates any of
    53  the provisions of, or who fails to perform any duty imposed by title  23
    54  of  article  23  except  the duty to accept used oil pursuant to section
    55  23-2307 or any person subject to section 23-2308 or any  rule  or  regu-
    56  lation  promulgated  pursuant  thereto,  or any term or condition of any

        S. 4033--B                         16
 
     1  certificate or permit issued pursuant thereto,  or  any  final  determi-
     2  nation  or order of the commissioner made pursuant to this section shall
     3  be liable for a civil penalty not to exceed one  thousand  five  hundred
     4  dollars  for  each  such violation and an additional penalty of not more
     5  than [five] seven hundred fifty dollars for each day during  which  such
     6  violation  continues, to be assessed by the commissioner after a hearing
     7  or opportunity to be heard pursuant to the provisions of section 71-1709
     8  of this chapter, and, in addition thereto, such person  may  by  similar
     9  process  be  enjoined  from  continuing such violation and any permit or
    10  certificate issued to such person may be revoked or suspended or a pend-
    11  ing renewal application denied.
    12    2. Any person who refuses to accept used oil as required  pursuant  to
    13  subdivision  two  of section 23-2307 shall be liable for a civil penalty
    14  not to exceed one hundred fifty dollars.
    15    3. Any person who violates any provision of section  23-2308  of  this
    16  chapter  shall  be subject to a civil penalty not to exceed [two hundred
    17  fifty] three hundred seventy-five dollars for each violation.
    18    4. Notwithstanding any other provision of law, any  person  who  shall
    19  violate  the  provisions  of  paragraph  [(c)]  c  of subdivision one of
    20  section 23-2307 or paragraph [(d)]  d  of  subdivision  two  of  section
    21  23-2307  of this chapter shall be liable for a civil penalty of not more
    22  than [five] seven hundred fifty dollars, and an additional civil penalty
    23  of not more than [five] seven hundred fifty dollars for each day  during
    24  which  such  violation  continues,  not to exceed [ten] fifteen thousand
    25  dollars.
    26    § 45. Section  71-2303  of  the  environmental  conservation  law,  as
    27  amended  by  chapter  99  of  the  laws of 2010, subdivisions 1 and 2 as
    28  amended by section 15 of part QQ of chapter 58 of the laws of  2022,  is
    29  amended to read as follows:
    30  § 71-2303. Violation; penalties.
    31    1. Civil sanctions. a. Any person who violates, disobeys or disregards
    32  any  provision  of article twenty-four, including title five and section
    33  24-0507 thereof or any rule  or  regulation,  local  law  or  ordinance,
    34  permit  or  order issued pursuant thereto, shall be liable to the people
    35  of the state for a civil penalty of not to exceed [eleven] sixteen thou-
    36  sand five hundred dollars for every  such  violation,  to  be  assessed,
    37  after  a hearing or opportunity to be heard upon due notice and with the
    38  rights to specification of the charges and representation by counsel  at
    39  such  hearing,  by  the commissioner or local government or in an action
    40  initiated by the attorney general pursuant to section  71-2305  of  this
    41  title  or on the attorney general's own initiative. Each violation shall
    42  be a separate and distinct violation and, in the case  of  a  continuing
    43  violation, each day's continuance thereof shall be deemed a separate and
    44  distinct  violation.  Such penalty assessed by the commissioner or local
    45  government may be recovered in an action brought by the attorney general
    46  at the request and in the name of the commissioner or  local  government
    47  in  any  court  of  competent  jurisdiction.  Such  civil penalty may be
    48  released or compromised by the commissioner or local  government  before
    49  the  matter  has  been  referred to the attorney general; and where such
    50  matter has been referred to the attorney general, any such  penalty  may
    51  be  released or compromised and any action commenced to recover the same
    52  may be settled and discontinued by the attorney general with the consent
    53  of the commissioner or local government. In addition,  the  commissioner
    54  or  local  government  shall  have  power,  following  a hearing held in
    55  conformance with the procedures set forth in  section  71-1709  of  this
    56  article,  to  direct  the  violator  to  cease  violating the act and to

        S. 4033--B                         17
 
     1  restore the affected freshwater wetland to its condition  prior  to  the
     2  violation,  insofar  as  that  is  possible within a reasonable time and
     3  under the supervision of the commissioner or local government. Any  such
     4  order of the commissioner or local government shall be enforceable in an
     5  action brought by the attorney general at the request and in the name of
     6  the commissioner or local government in any court of competent jurisdic-
     7  tion.  Any  civil  penalty  or order issued by the commissioner or local
     8  government pursuant  to  this  subdivision  shall  be  reviewable  in  a
     9  proceeding  pursuant  to article seventy-eight of the civil practice law
    10  and rules.
    11    b. Upon determining that significant damage to the functions and bene-
    12  fits of a freshwater wetland is occurring or is imminent as a result  of
    13  any  violation of article twenty-four of this chapter, including but not
    14  limited to (i) activity taking place requiring a  permit  under  article
    15  twenty-four  of this chapter but for which no permit has been granted or
    16  (ii) failure on the part of a permittee to adhere to permit  conditions,
    17  the  commissioner  or  local  government  shall have power to direct the
    18  violator to cease and desist from violating the act. In such  cases  the
    19  violator shall be provided an opportunity to be heard within ten days of
    20  receipt of the notice to cease and desist.
    21    2.  Criminal sanctions. Any person who violates any provision of arti-
    22  cle twenty-four of this chapter, including any rule or regulation, local
    23  law or ordinance, permit or order issued  pursuant  thereto,  shall,  in
    24  addition,  for the first offense, be guilty of a violation punishable by
    25  a fine of not less than [two] three thousand nor more than [five]  seven
    26  thousand  five hundred dollars; for a second and each subsequent offense
    27  [he] such person shall be guilty of a misdemeanor punishable by  a  fine
    28  of  not  less than [four] six thousand nor more than [ten] fifteen thou-
    29  sand dollars or a term of imprisonment of not less than fifteen days nor
    30  more than six months or both. In  addition  to  these  punishments,  any
    31  offender  may be punishable by being ordered by the court to restore the
    32  affected freshwater wetland or adjacent area to its condition  prior  to
    33  the  offense,  insofar  as  that  is possible. The court shall specify a
    34  reasonable time for the completion of such restoration, which  shall  be
    35  effected  under the supervision of the commissioner or local government.
    36  Each offense shall be a separate and distinct offense and, in  the  case
    37  of  a continuing offense, each day's continuance thereof shall be deemed
    38  a separate and distinct offense.
    39    3. All fines collected pursuant to this section shall be paid into the
    40  environmental protection fund established pursuant  to  section  ninety-
    41  two-s of the state finance law.
    42    §  46.  Paragraph  a  of  subdivision  1  and subdivision 2 of section
    43  71-2503 of the environmental conservation law, as amended by chapter 666
    44  of the laws of 1989, are amended to read as follows:
    45    a. Any person who violates, disobeys or disregards  any  provision  of
    46  article  twenty-five  shall  be  liable to the people of the state for a
    47  civil penalty of not to exceed [ten] fifteen thousand dollars for  every
    48  such  violation,  to  be  assessed, after a hearing or opportunity to be
    49  heard, by the commissioner. Each  violation  shall  be  a  separate  and
    50  distinct  violation  and,  in  the  case of a continuing violation, each
    51  day's continuance thereof  shall  be  deemed  a  separate  and  distinct
    52  violation.    The  penalty  may be recovered in an action brought by the
    53  commissioner in any court of competent jurisdiction. Such civil  penalty
    54  may be released or compromised by the commissioner before the matter has
    55  been  referred  to  the attorney general; and where such matter has been
    56  referred to the attorney general, any such penalty may  be  released  or

        S. 4033--B                         18
 
     1  compromised  and any action commenced to recover the same may be settled
     2  and discontinued by the attorney general with the consent of the commis-
     3  sioner.
     4    2.  Criminal sanctions. Any person who violates any provision of arti-
     5  cle twenty-five shall, in addition, for the first offense, be guilty  of
     6  a  violation  punishable by a fine of not less than [five] seven hundred
     7  fifty nor more than [five] seven thousand five hundred  dollars;  for  a
     8  second  and  each  subsequent  offense  such person shall be guilty of a
     9  misdemeanor punishable by a fine of not  less  than  one  thousand  five
    10  hundred nor more than [ten] fifteen thousand dollars or a term of impri-
    11  sonment  of not less than fifteen days nor more than six months or both.
    12  In addition to or instead of these punishments, any  offender  shall  be
    13  punishable  by  being ordered by the court to restore the affected tidal
    14  wetland or area immediately adjacent thereto to its condition  prior  to
    15  the  offense,  insofar  as  that  is possible. The court shall specify a
    16  reasonable time for the completion of the restoration,  which  shall  be
    17  effected  under  the supervision of the commissioner. Each offense shall
    18  be a separate and distinct offense and, in  the  case  of  a  continuing
    19  offense,  each  day's continuance thereof shall be deemed a separate and
    20  distinct offense.
    21    § 47. Section  71-2505  of  the  environmental  conservation  law,  as
    22  amended  by  chapter  249  of  the  laws  of 1997, is amended to read as
    23  follows:
    24  § 71-2505. Enforcement.
    25    The attorney general, on [his] their own initiative or at the  request
    26  of  the  commissioner, shall prosecute persons who violate article twen-
    27  ty-five.  In addition the attorney general, on [his]  their  own  initi-
    28  ative  or  at  the  request of the commissioner, shall have the right to
    29  recover a civil penalty of up to  [ten]  fifteen  thousand  dollars  for
    30  every  violation of any provision of such article, and to seek equitable
    31  relief to restrain any violation or threatened violation of such article
    32  and to require the restoration of any affected  tidal  wetland  or  area
    33  immediately  adjacent  thereto  to its condition prior to the violation,
    34  insofar as that is possible, within a  reasonable  time  and  under  the
    35  supervision  of the commissioner. In the case of a continuing violation,
    36  each day's continuance thereof shall be deemed a separate  and  distinct
    37  violation.
    38    §  48. Subdivisions 1, 2 and 3 of section 71-2703 of the environmental
    39  conservation law, subdivisions 1 and 2 as amended by chapter 508 of  the
    40  laws  of  1995,  paragraph  a of subdivision 1 as amended by section 25,
    41  subparagraphs i and ii of paragraph b of subdivision  1  as  amended  by
    42  section  26,  paragraph  a  and subparagraphs i and ii of paragraph b of
    43  subdivision 2 as amended by section 27, subparagraphs i and ii of  para-
    44  graph  c  of subdivision 2 as amended by section 28 and subdivision 3 as
    45  amended by section 29 of part C of chapter 62 of the laws of  2003,  are
    46  amended to read as follows:
    47    1. Civil and administrative sanctions.  a. Any person who violates any
    48  of  the provisions of, or who fails to perform any duty imposed by title
    49  3 or 7 of article 27 of this chapter or any rule or  regulation  promul-
    50  gated  pursuant  thereto, or any term or condition of any certificate or
    51  permit issued pursuant thereto, or any final determination or  order  of
    52  the commissioner made pursuant to this title shall be liable for a civil
    53  penalty  not to exceed [seven thousand five hundred] eleven thousand two
    54  hundred fifty dollars for each such violation and an additional  penalty
    55  of  not  more  than [one thousand five hundred] two thousand two hundred
    56  fifty dollars for each day during which such violation continues, to  be

        S. 4033--B                         19
 
     1  assessed  by  the commissioner after an opportunity to be heard pursuant
     2  to the provisions of section 71-1709 of this article, or by the court in
     3  any action or proceeding pursuant to section 71-2727 of this title, and,
     4  in addition thereto, such person may by similar process be enjoined from
     5  continuing  such  violation and any permit or certificate issued to such
     6  person may be revoked or suspended  or  a  pending  renewal  application
     7  denied.
     8    b.  i.  Any person who violates any of the provisions of, or who fails
     9  to perform any duty imposed by, title 3 or 7 of article 27 of this chap-
    10  ter, or any rule or regulation promulgated pursuant thereto, or any term
    11  or condition of any certificate or permit issued  pursuant  thereto  and
    12  thereby causes the release of solid waste into the environment, shall be
    13  liable  for  a  civil penalty not to exceed [eleven thousand two hundred
    14  fifty] sixteen thousand eight hundred seventy-five dollars for each such
    15  violation and an additional penalty of not more  than  [eleven  thousand
    16  two  hundred  fifty] sixteen thousand eight hundred seventy-five dollars
    17  for each day during which such violation continues, to  be  assessed  by
    18  the  commissioner  after  an  opportunity  to  be  heard pursuant to the
    19  provisions of section 71-1709 of this article, or by the  court  in  any
    20  action  or proceeding pursuant to section 71-2727 of this title, and, in
    21  addition thereto, such person may by similar process  be  enjoined  from
    22  continuing  such  violation and any permit or certificate issued to such
    23  person may be revoked or suspended  or  a  pending  renewal  application
    24  denied.
    25    ii.  Any person who violates any of the provisions of, or who fails to
    26  perform any duty imposed by, title 3 or 7 of article 27 of this chapter,
    27  or any rule or regulation promulgated pursuant thereto, or any  term  or
    28  condition  of  any  certificate  or  permit  issued pursuant thereto and
    29  thereby causes the release of more than ten cubic yards of  solid  waste
    30  into  the environment, shall be liable for a civil penalty not to exceed
    31  [twenty-two thousand five hundred] thirty-three thousand  seven  hundred
    32  fifty  dollars  for each such violation and an additional penalty of not
    33  more than [twenty-two thousand five hundred] thirty-three thousand seven
    34  hundred fifty dollars for each day during which such  violation  contin-
    35  ues, to be assessed by the commissioner after an opportunity to be heard
    36  pursuant to the provisions of section 71-1709 of this article, or by the
    37  court  in  any  action or proceeding pursuant to section 71-2727 of this
    38  title, and, in addition thereto, such person may by similar  process  be
    39  enjoined  from  continuing  such violation and any permit or certificate
    40  issued to such person may be revoked or suspended or a  pending  renewal
    41  application denied.
    42    c.  The  court in any action or proceeding pursuant to section 71-2727
    43  of this chapter may exercise all powers exercisable by the commissioner.
    44    2. Criminal sanctions.  a. Any person who, having any of the  culpable
    45  mental  states  defined in section 15.05 of the penal law, shall violate
    46  any of the provisions of or who fails to perform  any  duty  imposed  by
    47  title 3 or 7 of article 27 of this chapter, or any rules and regulations
    48  promulgated pursuant thereto, or any final determination or order of the
    49  commissioner  made pursuant to this title shall be guilty of a violation
    50  and, upon conviction thereof, shall be punished by a fine  of  not  less
    51  than  [one thousand five hundred] two thousand two hundred fifty dollars
    52  nor more than [fifteen] twenty-two thousand five hundred dollars per day
    53  of violation or by imprisonment for not more than  fifteen  days  or  by
    54  both such fine and imprisonment.
    55    b. i. Any person who shall violate paragraph a of this subdivision and
    56  thereby  causes  or attempts to cause the release of more than ten cubic

        S. 4033--B                         20
 
     1  yards of solid waste into the environment shall be guilty of a  class  B
     2  misdemeanor and, upon conviction thereof, shall be punished by a fine of
     3  not  less  than  [three  thousand seven hundred fifty] five thousand six
     4  hundred  twenty-five  dollars per day nor more than [twenty-two thousand
     5  five hundred] thirty-three thousand seven hundred fifty dollars per  day
     6  of violation, or by imprisonment for a term in accordance with the penal
     7  law, or by both such fine and imprisonment.
     8    ii.  Any  person who shall violate paragraph a of this subdivision and
     9  thereby causes or attempts to cause the release of more than  ten  cubic
    10  yards  of  solid waste into the environment, after having been convicted
    11  of a violation of this subdivision  within  the  preceding  five  years,
    12  shall  be  guilty of a class A misdemeanor and, upon conviction thereof,
    13  shall be punished by a fine of  not  less  than  [three  thousand  seven
    14  hundred fifty] five thousand six hundred twenty-five dollars per day nor
    15  more  than  [thirty-seven  thousand five hundred] fifty-six thousand two
    16  hundred fifty dollars per day of violation, or  by  imprisonment  for  a
    17  term  in  accordance with the penal law, or by both such fine and impri-
    18  sonment.
    19    c. i. Any person who shall violate paragraph a of this subdivision and
    20  thereby causes or attempts to cause the release  of  more  than  seventy
    21  cubic  yards  of  solid  waste into the environment shall be guilty of a
    22  class A misdemeanor and, upon conviction thereof, shall be punished by a
    23  fine of not less than [three thousand seven hundred fifty] five thousand
    24  six hundred twenty-five dollars per  day  nor  more  than  [thirty-seven
    25  thousand  five hundred] fifty-six thousand two hundred fifty dollars per
    26  day of violation, or by imprisonment for a term in accordance  with  the
    27  penal law, or by both such fine and imprisonment.
    28    ii.  Any  person who shall violate paragraph a of this subdivision and
    29  thereby causes or attempts to cause the release  of  more  than  seventy
    30  cubic  yards  of  solid  waste  into  the environment, after having been
    31  convicted of a violation of this subdivision within the  preceding  five
    32  years, shall be guilty of a class E felony and, upon conviction thereof,
    33  shall  be  punished  by  a  fine  of  not less than [seven thousand five
    34  hundred] eleven thousand two hundred fifty dollars per day nor more than
    35  [seventy-five] one hundred twelve thousand five hundred dollars per  day
    36  of violation, or by imprisonment for a term in accordance with the penal
    37  law, or by both such fine and imprisonment.
    38    3. Additional sanctions. Any person who violates any of the provisions
    39  of,  or  who fails to perform any duty imposed by title 7 of article 27,
    40  with regard to the construction and  operation  of  facilities  for  the
    41  disposal of construction and demolition debris or any rule or regulation
    42  promulgated  pursuant  thereto,  or any term or condition of any certif-
    43  icate or permit issued pursuant thereto or any  final  determination  or
    44  order  of  the  commissioner made pursuant to this title shall be liable
    45  for a civil penalty not to exceed  [fifteen]  twenty-two  thousand  five
    46  hundred dollars and each day of such deposition shall constitute a sepa-
    47  rate  violation and said civil penalty is in addition to any other fines
    48  or penalties which may be applied pursuant to this title.
    49    § 49. Subdivision 2 of section 71-2721 of the environmental  conserva-
    50  tion  law,  as amended by section 32 of part C of chapter 62 of the laws
    51  of 2003, is amended to read as follows:
    52    2. Fines. A sentence to pay a fine shall  be  a  sentence  to  pay  an
    53  amount fixed by the court, not exceeding the higher of:
    54    (a) [Three] Four hundred fifty thousand dollars for a class C felony;
    55    (b)  [Two  hundred  twenty-five  thousand]  Three hundred thirty-seven
    56  thousand five hundred dollars for a class D felony;

        S. 4033--B                         21
 
     1    (c) [One hundred fifty thousand] Two hundred twenty-two thousand  five
     2  hundred dollars for a class E felony;
     3    (d)  [Thirty-seven  thousand  five  hundred]  Fifty-six  thousand  two
     4  hundred fifty dollars for a class A misdemeanor;
     5    (e) [Fifteen] Two hundred twenty-five thousand dollars for a  class  B
     6  misdemeanor; or
     7    (f)  Double  the amount of the defendant's gain from the commission of
     8  the crime.
     9    § 50. Subdivisions 1, 2 and 5 of section 71-2722 of the  environmental
    10  conservation law, subdivision 1 as amended by section 33 and subdivision
    11  2  as amended by section 34 of part C of chapter 62 of the laws of 2003,
    12  and subdivision 5 as added by chapter 152  of  the  laws  of  1990,  are
    13  amended to read as follows:
    14    1.  Any  person  who  knowingly  or  intentionally violates any of the
    15  provisions or fails to perform any duty imposed by  section  27-1701  of
    16  this  chapter, except the duty to accept a lead-acid battery pursuant to
    17  subdivision four of such section, shall be liable for  a  civil  penalty
    18  not  to exceed [seventy-five] one hundred twelve dollars and fifty cents
    19  for each violation, provided that such civil penalty shall be  in  addi-
    20  tion  to  any other penalties authorized under other state or local laws
    21  governing the illegal disposal of lead-acid batteries.
    22    2. Any retailer or distributor  who  refuses  to  accept  a  lead-acid
    23  battery  as  required pursuant to subdivision four of section 27-1701 of
    24  this chapter shall be liable for a civil penalty not  to  exceed  [seven
    25  hundred fifty] one thousand one hundred twenty-five dollars.
    26    5.  All  civil penalties and fines collected for any violation of such
    27  title seventeen shall be paid over to the commissioner  for  deposit  in
    28  the  [general  fund] conservation fund to the credit of the conservation
    29  enforcement account established pursuant to subdivision (k)  of  section
    30  eighty-three  of the state finance law; provided however, that all civil
    31  penalties collected for any violation of such title seventeen which have
    32  been imposed by the environmental control board of the city of New York,
    33  or a local adjudicatory  body  pursuant  to  subdivision  four  of  this
    34  section, shall be paid into an environmental fund of such city or local-
    35  ity.
    36    §  51.  Subdivisions  1  and 2 of section 71-2724 of the environmental
    37  conservation law, as amended by chapter 30 of  the  laws  of  2020,  are
    38  amended to read as follows:
    39    1. Any person who knowingly or intentionally violates any provision of
    40  or  fails  to  perform  any duty pursuant to title twenty-one of article
    41  twenty-seven of this chapter, except subdivision one of section  27-2105
    42  of  this  chapter,  shall  upon the first finding of such a violation be
    43  liable for a civil penalty not to exceed one hundred fifty dollars.  Any
    44  person convicted of a second or subsequent violation shall be liable for
    45  a  civil  penalty  not  to exceed [five] seven hundred fifty dollars for
    46  each violation.
    47    2. Any person who knowingly or  intentionally  violates  or  fails  to
    48  perform  any  duty imposed by subdivision one of section 27-2105 of this
    49  chapter shall upon the first finding of such  a  violation  be  provided
    50  with  educational  materials  describing  the  requirements  for mercury
    51  disposal and the effects of improper mercury  disposal,  and  be  warned
    52  that  future  violations  shall  result in the imposition of a fine. Any
    53  person convicted of a second violation  shall  be  liable  for  a  civil
    54  penalty not to exceed [fifty] seventy-five dollars. Any person convicted
    55  of  a  third violation shall be liable for a civil penalty not to exceed
    56  [seventy-five] one hundred twelve dollars and fifty  cents.  Any  person

        S. 4033--B                         22
 
     1  convicted  of  a  fourth  or  subsequent violation shall be liable for a
     2  civil  penalty  not  to  exceed  one  hundred  fifty  dollars  for  each
     3  violation.
     4    §  52. Subdivision 1 of section 71-2728 of the environmental conserva-
     5  tion law, as added by chapter 641 of the laws of  2008,  is  amended  to
     6  read as follows:
     7    1. Any person who knowingly or intentionally violates any provision of
     8  or  fails to perform any duty imposed pursuant to title 27 of article 27
     9  of this chapter shall upon the first finding  of  such  a  violation  be
    10  provided with a warning that future violations shall result in the impo-
    11  sition  of  a  fine. Any person convicted of a second violation shall be
    12  liable for a civil penalty not to exceed one hundred fifty dollars.  Any
    13  person  convicted of a third or subsequent violation shall be liable for
    14  a civil penalty not to exceed [five] seven hundred fifty dollars.
    15    § 53. Section 71-2729 of the environmental conservation law, as  added
    16  by chapter 99 of the laws of 2010, is amended to read as follows:
    17  § 71-2729. Enforcement of title 26 of article 27 of this chapter.
    18    1.  a. Any consumer, as defined in title twenty-six of article twenty-
    19  seven of this chapter, who  violates  any  provision  of,  or  fails  to
    20  perform  any  duty imposed by, section 27-2611 of this chapter, shall be
    21  liable for a civil penalty not to exceed one hundred fifty  dollars  for
    22  each violation.
    23    b.  Any person, except a consumer, manufacturer, or an owner or opera-
    24  tor of an electronic waste collection  site,  electronic  waste  consol-
    25  idation  facility, or electronic waste recycling facility as these terms
    26  are defined in title twenty-six of article twenty-seven of this chapter,
    27  who violates any provision, or fails to  perform  any  duty  imposed  by
    28  section 27-2611 of this chapter, shall be liable for a civil penalty not
    29  to  exceed  [two  hundred  fifty] three hundred seventy-five dollars for
    30  each violation.
    31    c. Any manufacturer, or  any  person  operating  an  electronic  waste
    32  collection site, an electronic waste consolidation facility, or an elec-
    33  tronic  waste  recycling  facility  as  those terms are defined in title
    34  twenty-six of article twenty-seven of this chapter, who:
    35    i. fails to submit any report, registration, fee, or surcharge to  the
    36  department  as  required  by title twenty-six of article twenty-seven of
    37  this chapter shall be liable for a civil penalty not to exceed one thou-
    38  sand five hundred dollars for each day such report,  registration,  fee,
    39  or surcharge is not submitted; and
    40    ii.  violates any other provision of title twenty-six of article twen-
    41  ty-seven of this chapter or fails to perform any duty  imposed  by  such
    42  title,  except  for subdivision four of section 27-2603 of this chapter,
    43  shall be liable for a civil penalty for each violation not to exceed one
    44  thousand five hundred dollars for the  first  violation,  [two  thousand
    45  five  hundred] three thousand seven hundred fifty dollars for the second
    46  violation and [five] seven thousand five hundred dollars for  the  third
    47  and subsequent violations of this title within a twelve-month period.
    48    d.  Any  retailer,  as defined by section 27-2601 of this chapter, who
    49  violates any provision of title twenty-six of  article  twenty-seven  of
    50  this  chapter  or fails to perform any duty imposed by such title, shall
    51  be liable for a civil penalty for each  violation  not  to  exceed  [two
    52  hundred   fifty]  three  hundred  seventy-five  dollars  for  the  first
    53  violation, [five] seven hundred fifty dollars for the  second  violation
    54  and  one  thousand  five  hundred  dollars  for the third and subsequent
    55  violations of this title in a twelve-month period.

        S. 4033--B                         23
 
     1    e. Civil penalties under this section shall be assessed by the commis-
     2  sioner after a hearing or  opportunity  to  be  heard  pursuant  to  the
     3  provisions  of  section  71-1709 of this article, or by the court in any
     4  action or proceeding pursuant to this section, and, in addition thereto,
     5  such  person  may  by  similar  process be enjoined from continuing such
     6  violation.
     7    2. All penalties collected pursuant to this section shall be paid over
     8  to the commissioner for deposit to  the  environmental  protection  fund
     9  established pursuant to section ninety-two-s of the state finance law.
    10    §  54.  Subdivisions  1  and 3 of section 71-2907 of the environmental
    11  conservation law, as amended by chapter 285 of the  laws  of  2000,  are
    12  amended to read as follows:
    13    1.  Administrative  sanctions.  Except  as  otherwise provided in this
    14  subdivision, any person who violates any provision of article 33 of this
    15  chapter or any rule, regulation or order issued  thereunder  or  commits
    16  any offense described in section 33-1301 of this chapter shall be liable
    17  to  the  people  of  the  state for a civil penalty not to exceed [five]
    18  seven thousand five hundred dollars for a first violation,  and  not  to
    19  exceed  [ten]  fifteen  thousand dollars for a subsequent offense, to be
    20  assessed by the commissioner after a hearing or opportunity to be heard.
    21  Notwithstanding any provision of  law  to  the  contrary,  an  owner  or
    22  owner's agent of a multiple dwelling or owner, owner's agent or a person
    23  in  a  position  of  authority  for all other types of premises, as such
    24  terms are defined in paragraph d of subdivision five of section  33-0905
    25  of  this  chapter,  who  violates  any  provision of a local law adopted
    26  pursuant to subdivision one of section 33-1004 of this chapter  relating
    27  to  paragraph  b  of  such  subdivision,  and a person, who violates any
    28  provision of a local law adopted pursuant to subdivision one of  section
    29  33-1004 of this chapter relating to paragraph c of such subdivision, and
    30  a  person  who  violates  the provisions of subdivision three of section
    31  three hundred ninety-c of the social services law  shall,  for  a  first
    32  such  violation,  in  lieu of a penalty, be issued a written warning and
    33  shall also be issued educational materials pursuant to  subdivision  two
    34  of  section  33-1005  of this chapter. Such person shall, however, for a
    35  second violation, be liable to the people  of  the  state  for  a  civil
    36  penalty  not to exceed one hundred fifty dollars, and not to exceed [two
    37  hundred fifty] three hundred seventy-five  dollars  for  any  subsequent
    38  violation,  such  penalties  to  be assessed by the commissioner after a
    39  hearing or opportunity to be heard.
    40    Notwithstanding any provision of law to the contrary, any  person  who
    41  violates  the  provisions of a local law adopted pursuant to subdivision
    42  one of section 33-1004 of this chapter relating to paragraph a  of  such
    43  subdivision, shall be issued a warning for the first violation and shall
    44  be provided seven days to correct such violation; and shall be liable to
    45  the  people  of  the state for a civil penalty not to exceed one hundred
    46  fifty dollars for a second violation, and not  to  exceed  [two  hundred
    47  fifty] three hundred seventy-five dollars for a subsequent violation, to
    48  be  assessed  by  the  commissioner after a hearing or opportunity to be
    49  heard. The commissioner, acting by the attorney general, may bring  suit
    50  for  collection of such assessed civil penalty in any court of competent
    51  jurisdiction. Such civil penalty may be released or compromised  by  the
    52  commissioner  before the matter has been referred to the attorney gener-
    53  al; and where such matter has been referred to the attorney general, any
    54  such penalty may be released or compromised and any action commenced  to
    55  recover the same may be settled and discontinued by the attorney general
    56  with  the consent of the commissioner. Any civil penalty assessed by the

        S. 4033--B                         24
 
     1  commissioner under this subdivision shall be reviewable in a  proceeding
     2  under article 78 of the civil practice law and rules.
     3    3.  Criminal  sanctions.  Any  person  who, having the culpable mental
     4  states defined in subdivision one or two of section 15.05 or in  section
     5  20.20  of  the  penal  law, violates any provision of article 33 of this
     6  chapter or any  rule,  regulation  thereunder  or  commits  any  offense
     7  described in section 33-1301 of this chapter, except an offense relating
     8  to  the  application  of  a  general  use pesticide shall be guilty of a
     9  misdemeanor and, upon conviction thereof, shall be punished  by  a  fine
    10  not  to  exceed  [five] seven thousand five hundred dollars for each day
    11  during which such violation continues or by imprisonment for a  term  of
    12  not  more  than  one year, or by both such fine and imprisonment. If the
    13  conviction  is  for  a  subsequent  offense  committed  after  a   first
    14  conviction of such person under this subdivision, punishment shall be by
    15  a  fine not to exceed [ten] fifteen thousand dollars for each day during
    16  which such violation continues or by imprisonment for a term of not more
    17  than one year, or by both such fine and imprisonment. When  a  violation
    18  consists  of  the  manufacture  or production of any prohibited article,
    19  each day  during  which  or  any  part  of  which  such  manufacture  or
    20  production  is  carried  on  or  continued,  shall  be deemed a separate
    21  violation. Any person who violates any provision of article 33  of  this
    22  chapter  or  any  rule  or  regulation thereunder or commits any offense
    23  described in section 33-1301 of this chapter relating to the  use  of  a
    24  general  use  pesticide  shall  be  guilty  of  a  violation  and,  upon
    25  conviction thereof, shall be punished by a fine not to  exceed  [twenty-
    26  five  hundred]  three  thousand  seven  hundred  fifty  dollars.  If the
    27  conviction is for a subsequent offense committed after  the  first  such
    28  conviction of such person under this subdivision, punishment shall be by
    29  a  fine not to exceed [five] seven thousand five hundred dollars. Prose-
    30  cution hereunder may be conducted by either the attorney general or  the
    31  district  attorney consistent with section 71-0403 of this article. With
    32  respect to violations of section  33-1004  of  this  chapter,  penalties
    33  imposed  pursuant  to  this  subdivision  may be assessed only against a
    34  person providing a commercial lawn application.
    35    § 55. Section 71-3103 of the environmental conservation law is amended
    36  to read as follows:
    37  § 71-3103. Enforcement of article 35.
    38    Any person who violates any of the provisions  of,  or  who  fails  to
    39  perform  any  duties imposed by article 35 or any regulation promulgated
    40  by the commissioner thereunder, shall be liable to a  civil  penalty  of
    41  not  more  than [twenty-five hundred] three thousand seven hundred fifty
    42  dollars for each such violation and an additional penalty  of  not  more
    43  than  [five]  seven hundred fifty dollars for each day during which such
    44  violation continues, and,  in  addition  thereto,  such  person  may  be
    45  enjoined from continuing such violation. Penalties and injunctive relief
    46  provided  herein shall be recoverable in an action brought by the Attor-
    47  ney General at the request and in the name of the commissioner.
    48    § 56. Subdivision 1 of section 71-3303 of the environmental  conserva-
    49  tion  law,  as  added  by chapter 617 of the laws of 1987, is amended to
    50  read as follows:
    51    1. Any person who violates any provision of, or fails to  perform  any
    52  duty imposed by article forty-three of this chapter or any rule or regu-
    53  lation  promulgated  pursuant  thereto,  or any term or condition of any
    54  certificate or permit issued pursuant thereto,  or  any  final  determi-
    55  nation  or  order  of  the  Lake George park commission made pursuant to
    56  article forty-three of this chapter shall be liable for a civil  penalty

        S. 4033--B                         25
 
     1  not to exceed [five] seven hundred fifty dollars for each such violation
     2  and an additional penalty of [five] seven hundred fifty dollars for each
     3  day  during  which  such violation continues, to be assessed by the Lake
     4  George park commission after an opportunity to be heard, or by the court
     5  in  any  action  or  proceeding initiated by the attorney general in the
     6  name of the Lake George  park  commission.  In  addition  thereto,  such
     7  person  may,  by  similar  process,  be  enjoined  from  continuing such
     8  violation, and any permit or certificate issued to such  person  may  be
     9  revoked or suspended, or a pending renewal application denied based upon
    10  such violation.
    11    §  57. Section 71-3307 of the environmental conservation law, as added
    12  by chapter 617 of the laws of 1987, is amended to read as follows:
    13  § 71-3307. Criminal sanctions.
    14    Any person who, having any of the culpable mental  states  defined  in
    15  section  15.05  of the penal law, shall violate any of the provisions of
    16  or who fails to perform any duty imposed by article forty-three of  this
    17  chapter  or  any  rules or regulations promulgated thereto, or any final
    18  determination or order of the Lake George park commission shall be guil-
    19  ty of a violation, and, upon conviction thereof, shall be punished by  a
    20  fine not to exceed [five] seven hundred fifty dollars for each violation
    21  and [five] seven hundred fifty dollars for each day such violation shall
    22  continue.
    23    § 58. Section 71-3501 of the environmental conservation law is amended
    24  to read as follows:
    25  § 71-3501. Putting  noisome  or  unwholesome  substances  or maintaining
    26               noisome business on or near highway.
    27    A person, who deposits, leaves or keeps, on or near a highway or route
    28  of public travel, either on the land or on the  water,  any  noisome  or
    29  unwholesome  substance, or establishes, maintains or carries on, upon or
    30  near a public highway or route of public travel, either on the  land  or
    31  on  the  water,  any  business, trade or manufacture which is noisome or
    32  detrimental to public health, is guilty of a misdemeanor, punishable  by
    33  a  fine  of  not less than one hundred fifty dollars, or by imprisonment
    34  not less than three nor more than six months, or both.
    35    § 59. Section 71-3803 of the environmental conservation law, as  added
    36  by chapter 713 of the laws of 1975, is amended to read as follows:
    37  § 71-3803. Enforcement of article thirty-eight.
    38    Any  person  who  violates  any  of the provisions of, or who fails to
    39  perform any duty imposed  by  article  thirty-eight  or  any  regulation
    40  promulgated  by  the commissioner thereunder, shall be liable to a civil
    41  penalty of not more than  [twenty-five  hundred]  three  thousand  seven
    42  hundred  fifty dollars for each such violation and an additional penalty
    43  of not more than [five] seven hundred fifty dollars for each day  during
    44  which  such  violation  continues, and, in addition thereto, such person
    45  may be enjoined from continuing such violation. Penalties and injunctive
    46  relief provided herein shall be recoverable in an action brought by  the
    47  attorney general acting alone or at the request of the commissioner.
    48    §  60. Section 71-3903 of the environmental conservation law, as added
    49  by chapter 732 of the laws of 1980, is amended to read as follows:
    50  § 71-3903. Violations; penalties.
    51    1. Administrative sanctions. Any  person  who  violates,  disobeys  or
    52  disregards  any  provision of article thirty-nine shall be liable to the
    53  people of the state for a civil penalty of not to  exceed  [three]  four
    54  thousand  five  hundred dollars for every such violation, to be assessed
    55  by the commissioner after a hearing or  opportunity  to  be  heard.  The
    56  penalty may be recovered in an action brought by the commissioner in any

        S. 4033--B                         26
 
     1  court  of  competent jurisdiction. Such civil penalty may be released or
     2  [comprised] compromised by the commissioner before the matter  has  been
     3  referred  to  the  attorney  general;  and  where  such  matter has been
     4  referred  to  the  attorney general, any such penalty may be released or
     5  [comprised] compromised and any action commenced to recover the same may
     6  be settled and discontinued by the attorney general with the consent  of
     7  the  commissioner.  In  addition,  the  commissioner  shall  have power,
     8  following a hearing,  to  direct  the  violator  to  cease  [his]  their
     9  violation  of  article thirty-nine and, where appropriate, to recall any
    10  sewage system cleaners or additives sold or distributed in violation  of
    11  said article. Any such order of the commissioner shall be enforceable in
    12  an  action  brought by the commissioner in any court of competent juris-
    13  diction. Any civil penalty or order issued  by  the  commissioner  under
    14  this  subdivision  shall  be  reviewable  in  a proceeding under article
    15  seventy-eight of the civil practice law and rules commenced within thir-
    16  ty days of such penalty or order.
    17    2. Criminal sanctions. Any person who knowingly violates any provision
    18  of section 39-0105 of this chapter shall, in addition to  the  sanctions
    19  provided  in  subdivision one of this section, for the first offense, be
    20  guilty of a violation punishable by a fine of not less than [five] seven
    21  hundred fifty nor more than one thousand five  hundred  dollars;  for  a
    22  second and each subsequent offense [he] such person shall be guilty of a
    23  misdemeanor  punishable  by  a  fine  of not less than one thousand five
    24  hundred nor more than [three] four thousand five hundred  dollars  or  a
    25  term of imprisonment of not more than six months or both. In addition to
    26  or instead of these sanctions, any offender shall be punishable by being
    27  ordered  by  the court to recall any sewage system cleaners or additives
    28  sold or distributed in violation of article thirty-nine. The court shall
    29  specify a reasonable time for the completion of the recall. Each offense
    30  shall be a separate and distinct offense and, in the case of a  continu-
    31  ing  offense,  each day's continuance thereof shall be deemed a separate
    32  and distinct offense.
    33    § 61. Section 71-3905 of the environmental conservation law, as  added
    34  by chapter 732 of the laws of 1980, is amended to read as follows:
    35  § 71-3905. Enforcement.
    36    The  attorney  general  or  a district attorney, at the request of the
    37  attorney general or the commissioner, may prosecute persons who  violate
    38  article  thirty-nine.  In  addition the attorney general, on [his] their
    39  own initiative or at the request of the  commissioner,  shall  have  the
    40  right  to recover a civil penalty of not to exceed [three] four thousand
    41  five hundred dollars for every violation of any provision of said  arti-
    42  cle,  and  to seek equitable relief to restrain any violation or threat-
    43  ened violation of such article and to require the recall of  any  sewage
    44  system  cleaners  or  additives sold or distributed in violation of said
    45  article.
    46    § 62. Section  71-4001  of  the  environmental  conservation  law,  as
    47  amended  by  chapter  99  of  the  laws  of  2010, is amended to read as
    48  follows:
    49  § 71-4001. General criminal penalty.
    50    Except as otherwise specifically provided elsewhere in this chapter or
    51  in the penal law, (a) a person who violates any provision of this  chap-
    52  ter,  or  any rule, regulation or order promulgated pursuant thereto, or
    53  the terms or conditions of any permit issued thereunder, shall be guilty
    54  of a violation; (b) each  day  on  which  such  violation  occurs  shall
    55  constitute  a  separate  violation;  and (c) for each such violation the
    56  person shall be subject upon conviction to  imprisonment  for  not  more

        S. 4033--B                         27
 
     1  than  fifteen  days  or  to  a fine of not more than [nine] one thousand
     2  three hundred fifty dollars, or to both such imprisonment and such fine.
     3    §  63.  Section  71-4003  of  the  environmental  conservation law, as
     4  amended by chapter 99 of the  laws  of  2010,  is  amended  to  read  as
     5  follows:
     6  § 71-4003. General civil penalty.
     7    Except as otherwise specifically provided elsewhere in this chapter, a
     8  person  who  violates  any provision of this chapter, or any rule, regu-
     9  lation or order promulgated pursuant thereto, or the terms or conditions
    10  of any permit issued thereunder, shall be liable to a civil  penalty  of
    11  not more than one thousand five hundred dollars, and an additional civil
    12  penalty  of not more than one thousand five hundred dollars for each day
    13  during which each such violation continues. Any civil  penalty  provided
    14  for  by  this chapter may be assessed following a hearing or opportunity
    15  to be heard.
    16    § 64. Section  71-4103  of  the  environmental  conservation  law,  as
    17  amended  by  chapter  608  of  the  laws  of 1993, is amended to read as
    18  follows:
    19  § 71-4103. Enforcement of article seventy-two.
    20    Any person who violates any of the provisions of  article  seventy-two
    21  of  this  chapter  or  the  regulations  promulgated thereunder shall be
    22  liable for a civil penalty of up to one thousand five hundred dollars in
    23  addition to any amount assessed as a  penalty  pursuant  to  subdivision
    24  five  of  section  72-0201  of  this chapter, except that any person who
    25  fails to pay fees required pursuant to section 72-0303 of  this  chapter
    26  shall be subject to penalty provisions pursuant to subdivision twelve of
    27  section 72-0201 of this chapter.
    28    §  65. Section 71-4303 of the environmental conservation law, as added
    29  by chapter 672 of the laws of 1986, is amended to read as follows:
    30  § 71-4303. Violations of article forty of this chapter.
    31    1. Civil and administrative sanctions. Any person who violates any  of
    32  the  provisions of, or who fails to perform any duty imposed by, article
    33  forty of this chapter or any rule or regulation promulgated  thereunder,
    34  or  any terms or conditions of any certificate or permit issued pursuant
    35  thereto, or any final determination or order of  the  commissioner  made
    36  pursuant  to  this title, shall be liable in the case of a civil penalty
    37  not to exceed twenty-five thousand five hundred  dollars  and  an  addi-
    38  tional  penalty  of  not  more  than [twenty-five thousand] thirty-seven
    39  thousand five hundred dollars for each day during which  such  violation
    40  continues, to be assessed by the commissioner after an opportunity to be
    41  heard  pursuant  to the provisions of section 71-1709 of this article or
    42  by a court in any action or proceeding pursuant to this title,  and,  in
    43  addition  thereto  such  person  may by similar process be enjoined from
    44  continuing such violation. In addition, upon  the  provision  of  notice
    45  stating  the  grounds for its action and giving an opportunity for hear-
    46  ing, the commissioner may revoke, suspend or deny  a  certificate  or  a
    47  renewal  of a certificate issued pursuant to article forty of this chap-
    48  ter. In the case of a second violation, the liability  shall  be  for  a
    49  civil  penalty  not  to exceed [fifty] seventy-five thousand dollars for
    50  such violation and an additional penalty not to exceed [fifty]  seventy-
    51  five  thousand  dollars for each day during which such violation contin-
    52  ues.
    53    2. Criminal sanctions. Any person who,  having  any  of  the  culpable
    54  mental  states  defined in section 15.05 of the penal law, shall violate
    55  any of the provisions of or who fails to perform  any  duty  imposed  by
    56  article  forty  of  this chapter or any rules or regulations promulgated

        S. 4033--B                         28
 
     1  pursuant thereto, or any term or condition of any certificate or  permit
     2  issued  pursuant  thereto,  or  any  final determination or order of the
     3  commissioner made pursuant to this title shall be guilty of a  misdemea-
     4  nor  and,  upon  conviction  thereof,  shall  for  a first conviction be
     5  punished by a fine not to  exceed  [twenty-five]  thirty-seven  thousand
     6  five  hundred dollars per day of violation or by imprisonment for a term
     7  of not more than one year, or by both such fine and imprisonment. If the
     8  conviction is for an offense committed after a first conviction of  such
     9  person  under  this  subdivision,  punishment  shall be by a fine not to
    10  exceed [fifty] seventy-five thousand dollars per day of violation, or by
    11  imprisonment for not more than two years or by both such fine and impri-
    12  sonment.
    13    § 66. Section 71-4402 of the environmental conservation law, as  added
    14  by chapter 180 of the laws of 1989, is amended to read as follows:
    15  § 71-4402. Violations of title 15 of article 27 of this chapter.
    16    1. Civil and administrative sanctions.
    17    Any  person  who  violates  any  of the provisions of, or who fails to
    18  perform any duty imposed by title 15 of article 27 of this  chapter,  or
    19  any  rule  or  regulation  promulgated  pursuant thereto, or any term or
    20  condition of any certificate or permit issued pursuant thereto,  or  any
    21  final  determination  or order of the commissioner made pursuant to this
    22  title shall be liable in the case of a  first  violation,  for  a  civil
    23  penalty  not  to exceed [twenty-five] thirty-seven thousand five hundred
    24  dollars and an additional penalty of not more than  [twenty-five]  thir-
    25  ty-seven  thousand  five  hundred dollars for each day during which such
    26  violation continues, to be assessed by the commissioner after an  oppor-
    27  tunity to be heard pursuant to the provisions of section 71-1709 of this
    28  chapter, or by the court in any action or proceeding pursuant to section
    29  71-2727  of  this chapter, and, in addition thereto, such persons may by
    30  similar process be enjoined  from  continuing  such  violation  and  any
    31  permit  or certificate issued to such person may be revoked or suspended
    32  or a pending renewal application denied. In the case of a second and any
    33  further violation, the liability shall be for a  civil  penalty  not  to
    34  exceed [fifty] seventy-five thousand dollars for each such violation and
    35  an  additional  penalty  not  to  exceed  [fifty]  seventy-five thousand
    36  dollars for each day during which such violation continues.
    37    2. Criminal sanctions.
    38    a. Any person who violates any of the provisions of or  who  fails  to
    39  perform  any  duty  imposed by title 15 of article 27 of this chapter or
    40  any rules and regulations promulgated pursuant thereto, or any  term  or
    41  condition  of  any certificate or permit issued pursuant thereto, or any
    42  final determination or order of the commissioner made pursuant  to  this
    43  title shall be guilty of a violation and, upon conviction thereof, shall
    44  be  punished  by a fine not to exceed [five] seven thousand five hundred
    45  dollars per day of violation, or by imprisonment for a term of not  more
    46  than fifteen days, or by both such fine and imprisonment.
    47    b.  Any  person  who,  intentionally,  knowingly,  or recklessly shall
    48  violate any of the provisions of  or  who  fails  to  perform  any  duty
    49  imposed by title 15 of article 27 of this chapter or any rules and regu-
    50  lations  promulgated  pursuant  thereto, or any term or condition of any
    51  certificate or permit issued pursuant thereto,  or  any  final  determi-
    52  nation or order of the commissioner made pursuant to this title shall be
    53  guilty  of a class B misdemeanor and, upon conviction thereof, shall for
    54  a first conviction be punished by a fine not to exceed  [fifteen]  twen-
    55  ty-two  thousand  five hundred dollars per day of violation or by impri-
    56  sonment for a term of not more than ninety days, or both such  fine  and

        S. 4033--B                         29
 
     1  imprisonment.    If  the  conviction is for an offense committed after a
     2  first conviction of such person under this paragraph, within the preced-
     3  ing five years, such person shall be guilty of a class A misdemeanor and
     4  upon  conviction,  punishment  shall  be by a fine not to exceed [fifty]
     5  seventy-five thousand five hundred dollars per day of violation,  or  by
     6  imprisonment  for not more than one year or by both such fine and impri-
     7  sonment.
     8    § 67. Subdivision 2 of section 71-4411 of the environmental  conserva-
     9  tion  law,  as  added  by chapter 180 of the laws of 1989, is amended to
    10  read as follows:
    11    2. Fines. A sentence to pay a fine shall be  a  sentence  to  pay  any
    12  amount fixed by the court, not exceeding the higher of:
    13    (a) [one hundred fifty] two hundred twenty-five thousand dollars for a
    14  class D felony;
    15    (b) one hundred fifty thousand dollars for a class E felony;
    16    (c) [fifty] seventy-five thousand dollars for a class A misdemeanor;
    17    (d)  [fifteen]  twenty-two thousand five hundred dollars for a class B
    18  misdemeanor; or
    19    (e) double the amount of the defendant's gain from the  commission  of
    20  the crime.
    21    §  68.  The  opening  paragraph of subdivision 5 and subdivision 12 of
    22  section 72-0201 of the environmental conservation law, the opening para-
    23  graph of subdivision 5 as added by chapter 15 of the laws of  1983,  and
    24  subdivision  12 as added by chapter 608 of the laws of 1993, are amended
    25  to read as follows:
    26    If the amount of the fee is not paid within  forty-five  days  of  the
    27  last  date  prescribed under subdivision four of this section, a penalty
    28  shall be imposed on such deficiency. The amount of  such  penalty  shall
    29  not  exceed  [five]  seven  and  one half percent of such deficiency per
    30  month and the total penalty shall not exceed twenty-five percent of  the
    31  deficiency.
    32    12.  Notwithstanding  any  other provision of this section, any person
    33  who fails to pay fees required pursuant to section 72-0303 of this arti-
    34  cle shall pay a penalty of [fifty] seventy-five per centum of the unpaid
    35  fee amount, plus interest on the unpaid fee amount computed  in  accord-
    36  ance  with section 6621(a)(2) of the United States internal revenue code
    37  of 1986 (Public Law 99-514, 26 U.S.C. section 1 et seq.) from  the  date
    38  the fee was required to be paid.
    39    §  69.  Subdivisions  2  and 3 of section 57-0136 of the environmental
    40  conservation law, as amended by chapter 289 of the  laws  of  2006,  are
    41  amended to read as follows:
    42    2.  Civil penalties. (a) For a violation that takes place in the "core
    43  preservation area" as defined in subdivision eleven of  section  57-0107
    44  of  this title, any person who violates any provision of this title, the
    45  land use plan adopted by the commission, any regulation  promulgated  by
    46  the  commission,  or  the  terms  or conditions of any order, permit, or
    47  determination issued by the commission pursuant to this title  shall  be
    48  liable for a civil penalty of not more than [twenty-five thousand] thir-
    49  ty-seven  thousand  five hundred dollars for each violation and an addi-
    50  tional civil penalty of not more than one thousand five hundred  dollars
    51  for each day that such violation continues.
    52    (b)  For  a violation that takes place in the "compatible growth area"
    53  as defined in subdivision twelve of section 57-0107 of this  title,  any
    54  person  who  violates  any  provision  of  this title, the land use plan
    55  adopted by the commission, any regulation promulgated by the commission,
    56  or the terms or conditions of any order, permit, or determination issued

        S. 4033--B                         30
 
     1  by the commission pursuant to this title shall be  liable  for  a  civil
     2  penalty  of  not  more  than  [ten]  fifteen  thousand  dollars for each
     3  violation and an additional civil penalty of not more than one  thousand
     4  five hundred dollars for each day that such violation continues.
     5    3.  Criminal  penalties.  (a)  For a violation that takes place in the
     6  "core preservation area" as defined in  subdivision  eleven  of  section
     7  57-0107  of  this  title,  any  person  who  willfully  or intentionally
     8  violates any provision of this title, the land use plan adopted  by  the
     9  commission,  any  regulation promulgated by the commission, or the terms
    10  or conditions of any order,  permit,  or  determination  issued  by  the
    11  commission  pursuant  to  this  title  shall  be guilty of a misdemeanor
    12  punishable by a fine of not more than [twenty-five thousand] thirty-sev-
    13  en thousand five hundred dollars for each violation  and  an  additional
    14  fine  of  not  more  than one thousand five hundred dollars for each day
    15  that such violation continues.
    16    (b) For a violation that takes place in the "compatible  growth  area"
    17  as  defined  in subdivision twelve of section 57-0107 of this title, any
    18  person who willfully or intentionally violates  any  provision  of  this
    19  title,  the  land  use  plan  adopted  by the commission, any regulation
    20  promulgated by the commission, or the terms or conditions of any  order,
    21  permit, or determination issued by the commission pursuant to this title
    22  shall  be  guilty of a misdemeanor punishable by a fine of not more than
    23  [ten] fifteen thousand dollars for each violation and an additional fine
    24  of not more than one thousand five hundred dollars  for  each  day  that
    25  such violation continues.
    26    §  70. Subdivision 1 of section 37-0211 of the environmental conserva-
    27  tion law, as added by chapter 286 of the laws of 1990, such  section  as
    28  renumbered  by  chapter  307  of the laws of 2020, is amended to read as
    29  follows:
    30    1. A violation of any of the provisions of this title or any  rule  or
    31  regulation  promulgated pursuant thereto shall be punishable in the case
    32  of a first violation, by a civil penalty not  to  exceed  [ten]  fifteen
    33  thousand dollars. In the case of a second and any further violation, the
    34  liability  shall be for a civil penalty not to exceed [twenty-five thou-
    35  sand] thirty-seven thousand five hundred dollars for each violation.
    36    § 71. Section  33-0925  of  the  environmental  conservation  law,  as
    37  amended  by  chapter  43  of  the  laws  of  2007, is amended to read as
    38  follows:
    39  § 33-0925. Sanctions.
    40    Notwithstanding any other provision of law or regulation  pursuant  to
    41  this  title  and/or  any  provision of this article as it relates to the
    42  application of aquatic antifouling paints, any person who  violates  any
    43  provision  of  this title or any rule, regulation or order issued there-
    44  under shall be liable to the people of this state for a civil penalty of
    45  up to one thousand five hundred dollars for  a  first  violation  to  be
    46  assessed by the commissioner after a hearing or opportunity to be heard.
    47  In  determining  the  amount of the penalty, the commissioner shall take
    48  into account whether the violation posed  an  immediate  threat  to  the
    49  environment  or  the  health  and  safety  of the public. Any subsequent
    50  violation of this title and/or any  provision  of  this  article  as  it
    51  relates  to  the  application  of  aquatic  antifouling  paints would be
    52  subject to the appropriate sanctions pursuant to  sections  71-2907  and
    53  71-2911 of this chapter.
    54    §  72. Subdivisions 1, 2 and 3 of section 27-1809 of the environmental
    55  conservation law, as added by chapter 562  of  the  laws  of  2010,  are
    56  amended to read as follows:

        S. 4033--B                         31
 
     1    1.  Any  person who violates the provisions of section 27-1805 of this
     2  title shall be liable for a civil  penalty  in  the  amount  of  [fifty]
     3  seventy-five  dollars for the first violation, one hundred fifty dollars
     4  for a second  violation  committed  within  twelve  months  of  a  prior
     5  violation  and  [two]  three  hundred  dollars for a third or subsequent
     6  violation committed within twelve months of any prior violation.
     7    2. Any retailer as that term is defined in  section  27-1803  of  this
     8  title,  who  violates  the  provisions  of section 27-1807 of this title
     9  shall be liable for a civil penalty in the amount of [two] three hundred
    10  dollars for the first violation, [four] six hundred dollars for a second
    11  violation committed within twelve months of a prior violation, and [five
    12  hundred] seven hundred fifty dollars for a third or subsequent violation
    13  committed within twelve months of any prior violation.
    14    3. Any battery manufacturer,  as  that  term  is  defined  in  section
    15  27-1803 of this title, who violates the provisions of section 27-1807 of
    16  this  title  shall  be liable for a civil penalty in the amount of [two]
    17  three thousand dollars for the  first  violation,  [four]  six  thousand
    18  dollars for a second violation committed within twelve months of a prior
    19  violation, and [five thousand] seven thousand five hundred dollars for a
    20  third  or  subsequent  violation  committed  within twelve months of any
    21  prior violation.
    22    § 73. Paragraph a of subdivision 9 of section 27-1012 of the  environ-
    23  mental  conservation law, as added by section 8 of part SS of chapter 59
    24  of the laws of 2009, is amended to read as follows:
    25    a. Any person required to be registered under this section who,  with-
    26  out being so registered, sells or offers for sale beverage containers in
    27  this  state,  in  addition  to  any other penalty imposed by this title,
    28  shall be subject to a penalty to be  assessed  by  the  commissioner  of
    29  taxation  and  finance  in  an amount not to exceed [five hundred] seven
    30  hundred fifty dollars for the first day on which such  sales  or  offers
    31  for  sale  are  made,  plus an amount not to exceed [five hundred] seven
    32  hundred fifty dollars for each subsequent day on  which  such  sales  or
    33  offers  for  sale are made, not to exceed [twenty-five thousand] thirty-
    34  seven thousand five hundred dollars in the aggregate.
    35    § 74. Subdivisions 1, 2, 3 and 4 of section 27-1015  of  the  environ-
    36  mental conservation law, as amended by section 8 of part F of chapter 58
    37  of the laws of 2013, are amended to read as follows:
    38    1. Except as otherwise provided in this section and section 27-1012 of
    39  this  title,  any  person  who shall violate any provision of this title
    40  shall be liable to the state of New York for a civil penalty of not more
    41  than [five hundred] seven hundred fifty dollars, and an additional civil
    42  penalty of not more than [five hundred] seven hundred fifty dollars  for
    43  each  day  during which each such violation continues. Any civil penalty
    44  may be assessed following a hearing or opportunity to be heard.
    45    2. Any distributor, deposit initiator, redemption center or dealer who
    46  violates any provision of this title,  except  as  provided  in  section
    47  27-1012  of  this  title, shall be liable to the state of New York for a
    48  civil penalty of not more than one thousand five hundred dollars, and an
    49  additional civil penalty of not more  than  one  thousand  five  hundred
    50  dollars  for  each  day  during which each such violation continues. Any
    51  civil penalty may be assessed following a hearing or opportunity  to  be
    52  heard.
    53    3. It shall be unlawful for a distributor or deposit initiator, acting
    54  alone  or  aided by another, to return any empty beverage container to a
    55  dealer or redemption center for its refund value if the  distributor  or
    56  deposit  initiator  had previously accepted such beverage container from

        S. 4033--B                         32
 
     1  any dealer or operator of a redemption center or if such  container  was
     2  previously  accepted  by  a reverse vending machine. A violation of this
     3  subdivision shall be a misdemeanor punishable by a fine of not less than
     4  [five  hundred]  seven  hundred fifty dollars nor more than one thousand
     5  five hundred dollars and an amount equal to  two  times  the  amount  of
     6  money received as a result of such violation.
     7    4.  Any person who willfully tenders to a dealer, distributor, redemp-
     8  tion center or deposit initiator more than  forty-eight  empty  beverage
     9  containers for which such person knows or should reasonably know that no
    10  deposit  was  paid in New York state may be assessed by the department a
    11  civil penalty of up to one hundred fifty dollars for each  container  or
    12  up  to [twenty-five thousand] thirty-seven thousand five hundred dollars
    13  for each such tender of containers. At  each  location  where  a  person
    14  tenders  containers  for redemption, dealers and redemption centers must
    15  conspicuously display a sign in letters that are at least  one  inch  in
    16  height  with the following information: "WARNING:  Persons tendering for
    17  redemption containers on which a deposit was never paid  in  this  state
    18  may be subject to a civil penalty of up to one hundred fifty dollars per
    19  container  or  up  to  [twenty-five thousand] thirty-seven thousand five
    20  hundred dollars for each such tender of containers." Any  civil  penalty
    21  may be assessed following a hearing or opportunity to be heard.
    22    §  75. Subdivision 1 of section 27-2807 of the environmental conserva-
    23  tion law, as added by section 2 of part H of chapter 58 of the  laws  of
    24  2019, is amended to read as follows:
    25    1.  Any  person  required to collect tax who violates any provision of
    26  section 27-2803 of this title shall receive a  warning  notice  for  the
    27  first  such  violation. A person required to collect tax shall be liable
    28  to the state of New York for a civil  penalty  of  [two  hundred  fifty]
    29  three hundred seventy-five dollars for the first violation after receiv-
    30  ing  a  warning  and  [five hundred] seven hundred fifty dollars for any
    31  subsequent violation in the same calendar year.   For purposes  of  this
    32  section,  each  commercial transaction shall constitute no more than one
    33  violation. A hearing or opportunity to be heard shall be provided  prior
    34  to the assessment of any civil penalty.
    35    §  76. Subdivision 4 of section 23-1715 of the environmental conserva-
    36  tion law, as amended by chapter 233 of the laws of 1979, is  amended  to
    37  read as follows:
    38    4. In the event of the failure of the holder of an environmental safe-
    39  ty  permit  issued under section 23-1707 of this title, of route certif-
    40  ication under section 23-1713 of this  title,  or  of  a  non-conforming
    41  facility  under  section  23-1719 of this title to comply with the terms
    42  thereof or the provisions of the rules  and  regulations  adopted  under
    43  article  70  of  this  chapter, the department may revoke said permit or
    44  certificate pursuant to the provisions of article 70 of this chapter and
    45  impose upon the holder of such permit or certificate a civil penalty  of
    46  up  to one thousand five hundred dollars for each day the holder thereof
    47  has failed to comply with this title or a permit or  certificate  issued
    48  hereunder,  together  with  the  allocated  costs  of the revocation and
    49  enforcement proceeding itself.
    50    § 77. Subdivisions 4 and 5 of section  19-0320  of  the  environmental
    51  conservation law, as added by chapter 621 of the laws of 1998, the open-
    52  ing  paragraph  of subdivision 4 as amended by section 1 and the opening
    53  paragraph of subdivision 5 as amended by section 2 of part W1 of chapter
    54  62 of the laws of 2003, are amended to read as follows:
    55    4. Notwithstanding the  provisions  of  title  twenty-one  of  article
    56  seventy-one  of  this  chapter, operation of a heavy duty vehicle which,

        S. 4033--B                         33
 
     1  when tested, exceeds emission levels set forth in regulations promulgat-
     2  ed pursuant to this section shall be  a  violation,  and  the  following
     3  penalties  shall  apply  to  any violation found as a result of roadside
     4  emissions inspections:
     5    a. First violation:                    [$ 700.00] $1050.00
     6       Second and subsequent violations:   [$1300.00] $1950.00.
     7    b. The penalties set forth in paragraph a of this subdivision shall be
     8  reduced  to  [one hundred fifty] two hundred twenty-five dollars for the
     9  first violation and [five hundred] seven hundred fifty dollars  for  the
    10  second and subsequent violations by the court or administrative tribunal
    11  before  which  the  summons  or  appearance  ticket is returnable if the
    12  violation set forth in the summons or appearance ticket is corrected not
    13  later than thirty days after the issuance of the summons  or  appearance
    14  ticket  and  proof of such correction, as defined in paragraph c of this
    15  subdivision, is submitted to the court or administrative  tribunal.  The
    16  penalties  described in this section shall not apply to vehicles defined
    17  by section one hundred forty-two of the vehicle and traffic law or owned
    18  by a county, town, city, or village for a first violation  provided  the
    19  vehicle is repaired within thirty days of ticket issuance.
    20    c.  Acceptable proof of repair or adjustment shall be submitted to the
    21  court or administrative tribunal on or before the  return  date  of  the
    22  summons  or  appearance  ticket in a form and manner prescribed by regu-
    23  lations adopted pursuant to this section.
    24    5. Notwithstanding the  provisions  of  title  twenty-one  of  article
    25  seventy-one  of this chapter, operation of any heavy duty vehicle regis-
    26  tered or required to be registered in this state without  a  certificate
    27  of  inspection  resulting from an annual inspection as required by regu-
    28  lations adopted pursuant to this section shall be a violation,  and  the
    29  following violation structure shall apply to such violations:
    30    a. First violation:                    [$ 700.00] $1050.00
    31       Second and subsequent violations:   [$1300.00] $1950.00.
    32    b.  The  penalties defined in paragraph a of this subdivision shall be
    33  reduced to [three hundred fifty] five hundred  twenty-five  dollars  for
    34  the  first  violation and [seven hundred fifty] one thousand one hundred
    35  twenty-five dollars for second and subsequent violations, provided  that
    36  the  vehicle  in question bears a certificate which was valid within the
    37  last thirty days. The penalties described  in  this  section  shall  not
    38  apply to vehicles defined by section one hundred forty-two or owned by a
    39  county,  town,  city,  or  village  of the vehicle and traffic law for a
    40  first violation provided the vehicle is repaired within thirty  days  of
    41  ticket issuance.
    42    §  78. Subdivision 6 of section 17-1745 of the environmental conserva-
    43  tion law, as added by chapter 199 of the laws of  1999,  is  amended  to
    44  read as follows:
    45    6.  Penalties.  Failure  to comply with the provisions of this section
    46  shall result in fines of [two hundred fifty] three hundred  seventy-five
    47  dollars per day for each violation.
    48    §  79.  Section  15-2723  of  the  environmental  conservation law, as
    49  amended by chapter 613 of the laws  of  1975,  is  amended  to  read  as
    50  follows:
    51  § 15-2723. Penalties and enforcement.
    52    Any  person who violates any provision of this title or any regulation
    53  or order issued pursuant to this act by the commissioner or  the  agency
    54  may be compelled to comply with or obey the same by injunction, mandamus
    55  or  other  appropriate  remedy. In addition, any such person shall pay a
    56  civil penalty of not less than one hundred fifty dollars  or  more  than

        S. 4033--B                         34
 
     1  one  thousand  five  hundred dollars for each day of such violation. The
     2  commissioner or the agency as the case may be, is authorized to commence
     3  a civil action to recover such  civil  penalties  or  other  appropriate
     4  relief.
     5    §  80. Subdivision 3 of section 11-0538 of the environmental conserva-
     6  tion law, as added by chapter 307 of the laws of  2014,  is  amended  to
     7  read as follows:
     8    3.  Any  person  who  violates the provisions of this section shall be
     9  subject to a penalty of not more than [five hundred] seven hundred fifty
    10  dollars for the first offense  and  not  more  than  one  thousand  five
    11  hundred  dollars  for a second and subsequent offenses. Each instance of
    12  allowing direct contact of a big cat with the  public  in  violation  of
    13  this section shall constitute a separate offense.
    14    §  81. Subdivision 9 of section 11-0512 of the environmental conserva-
    15  tion law, as amended by chapter 326 of the laws of 2012, is  amended  to
    16  read as follows:
    17    9. Notwithstanding any other provision of law, any person who knowing-
    18  ly  breeds  a  wild animal or knowingly possesses, owns, harbors, sells,
    19  barters, transfers, exchanges, or imports a wild animal for use as a pet
    20  or intentionally releases or sets at-large any wild  animal,  authorized
    21  by  this section for use as a pet, from the location where the animal is
    22  permitted to be possessed or harbored in violation of the provisions  of
    23  this  section  shall  be  subject  to  a  penalty of not more than [five
    24  hundred] seven hundred fifty dollars for the first offense and not  more
    25  than  one  thousand  five  hundred  dollars  for a second and subsequent
    26  offenses. Each instance of breeding, owning,  harboring,  sale,  barter,
    27  release,  transfer, exchange, or import of a wild animal in violation of
    28  this section shall constitute a separate offense.
    29    § 82. Subdivision 3 of section 9-1503 of the  environmental  conserva-
    30  tion  law,  as amended by chapter 222 of the laws of 1976, is amended to
    31  read as follows:
    32    3. No person shall, in any area designated  by  such  list  or  lists,
    33  knowingly  pick,  pluck,  sever,  remove,  damage  by the application of
    34  herbicides or defoliants or carry away, without the consent of the owner
    35  thereof, any protected plant. An offense under this section shall  be  a
    36  violation,  punishable  by a fine of not to exceed [twenty-five dollars]
    37  thirty-seven dollars and fifty cents.
    38    § 83. This act shall take effect on the ninetieth day after  it  shall
    39  have become a law.
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