Relates to the general civil penalty of the environmental conservation law; provides that in addition to the fines, such person may be enjoined from continuing such violation and any permit or certificate issued to such person may be revoked or suspended, or a pending renewal application may be denied.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8353
SPONSOR: Simon TITLE OF BILL:
An act to amend the environmental conservation law, in relation to the
general civil penalty
PURPOSE:
To amend the Environmental Conservation Law (ECL) to provide injunctive
relief for ECL violations for which there is no specifically stated
penalty in law.
SUMMARY OF PROVISIONS:
Section 1 amends environmental Conservation Law § 71-4003 to provide for
injunctive relief, as well as revocation or suspension of a permit or
certificate or denial of a pending renewal application, for violations
of the ECL where the penalty is not otherwise specifically provided.
Section 2 sets the effective date.
JUSTIFICATION:
Typically, the relevant provisions of the ECL give the Commissioner
specific authority to assess monetary civil penalties and to direct
injunctive relief in redress of violations of such provisions. However,
before passage of ECL § 71-4003 providing for a general civil penalty,
there were certain ECL violations for which there was no stated penalty
in law. When the Legislature enacted ECL § 71-4003 in 1977 (formerly
71-3903), it provided for the assessment of a monetary penalty, but not
for injunctive relief, for those violations for which there was no
specific penalty provided elsewhere in the ECL. The Department of Envi-
ronmental Conservation's experience since the enactment of ECL § 71-4003
has demonstrated the need to revise such section to include injunctive
relief.
The nature of certain ECL violations make injunctive relief a more
appropriate remedy than a monetary penalty. For example, ECL Article 34,
relating to Coastal Erosion Hazard Areas, recognizes the need to regu-
late activities and development, including erection of erosion protec-
tive structures, within the coastal erosion hazard areas of New York to
minimize damage to property and prevent the exacerbation of erosion
hazards. ECL Article 34 has no specific penalty provisions; therefore,
violations of such Article are penalized under ECL § 71-4003. Pursuant
to ECL § 71-40030 the Commissioner may only assess monetary penalties.
However, if a violator has constructed a structure which is detrimental
to a coastal erosion hazard area, it may be more appropriate to require
that the violator to remove such structure, rather than imposing a mone-
tary penalty.
In addition, revocation or suspension of a permit or certificate, or
denial of a renewal application, may be a suitable penalty. This would
be especially true where the subject offense involves violation of the
conditions of such permit or certificate. This proposal, in amending ECL
§ 71-4003, would allow the Commissioner to utilize the penalty most
appropriate to the nature of the violation.
LEGISLATIVE HISTORY:
2023: Passed Senate
2022: Passed Senate
2021: Passed Senate
2020: Died in Environmental Conservation
2019: Died in Environmental Conservation
2018: Died in Environmental Conservation
2017: Died in Environmental Conservation
2016: Died in Environmental Conservation
2015: Died in Environmental Conservation
2014: Died in Environmental Conservation
2012: Died in Environmental Conservation
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
8353
2023-2024 Regular Sessions
IN ASSEMBLY
December 13, 2023
___________
Introduced by M. of A. SIMON -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the
general civil penalty
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 71-4003 of the environmental conservation law, as
2 amended by chapter 99 of the laws of 2010, is amended to read as
3 follows:
4 § 71-4003. General civil penalty.
5 Except as otherwise specifically provided elsewhere in this chapter, a
6 person who violates any provision of this chapter, or any rule, regu-
7 lation or order promulgated pursuant thereto, or the terms or conditions
8 of any permit, certificate or order issued thereunder, shall be liable
9 [to] for a civil penalty of not more than one thousand dollars, and an
10 additional civil penalty of not more than one thousand dollars for each
11 day during which each such violation continues; and in addition thereto,
12 such person may be enjoined from continuing such violation, and any
13 permit or certificate issued to such person may be revoked or suspended,
14 or a pending renewal application may be denied. Any civil penalty,
15 injunctive relief, or permit or certificate revocation, suspension or
16 denial provided for by this [chapter] section may be assessed following
17 a hearing or opportunity to be heard.
18 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01968-01-3
