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A08353 Summary:

COSPNSRThiele, Bichotte Hermelyn, Lunsford, Reyes, Lucas, Stirpe, Ardila, Tapia, Cook, Steck
Amd §71-4003, En Con L
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.
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A08353 Actions:

12/13/2023referred to environmental conservation
01/03/2024referred to environmental conservation
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A08353 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  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.
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A08353 Text:

                STATE OF NEW YORK
                               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.
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