STATE OF NEW YORK
________________________________________________________________________
164
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
___________
Introduced by M. of A. HEVESI, MARKEY, BENEDETTO, MAISEL, CASTRO, SCHI-
MEL, TITONE, CRESPO, COOK, SIMOTAS, BOYLAND, WEPRIN, SCARBOROUGH,
MOYA, COLTON, PERRY, JACOBS -- Multi-Sponsored by -- M. of A. ABBATE,
GIBSON, LENTOL, ROBINSON -- read once and referred to the Committee on
Environmental Conservation
AN ACT to amend the administrative code of the city of New York, in
relation to liability limitations for local brownfield sites issued
city certificates of completion
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 24-906 of the administrative code of the city of
2 New York is amended by adding a new subdivision (f) to read as follows:
3 (f)(1) Notwithstanding any other provision of law and except as
4 provided elsewhere in this section, after the office has issued a
5 certificate of completion for a local brownfield site, the enrollee
6 shall not be liable to the state upon any statutory or common law cause
7 of action, arising out of the presence of any contamination in, on, or
8 emanating from the local brownfield site that was the subject of such
9 certificate at any time before the effective date of a local brownfield
10 cleanup agreement entered into pursuant to this chapter, except that a
11 participant shall not receive a release for natural resource damages
12 that may be available under law.
13 (2) Any provision of section 27-1421 of the environmental conservation
14 law that applies to a liability limitation provided pursuant to subdivi-
15 sion one of such section shall apply to a liability limitation provided
16 pursuant to paragraph one of this subdivision.
17 § 2. This act shall take effect immediately and shall be deemed to
18 have been in full force and effect on and after January 1, 2013.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00839-01-3
