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NY S02822
Bill
Status
1/17/2017
Primary Sponsor
Thomas O'Mara
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AI Summary
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Allows persons initially deemed responsible for petroleum discharges to present evidence that a third party is solely responsible, requiring the Department to make a written determination within 30 days.
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Creates a "liability limitation agreement" that exempts parties who remediate discharges to the Department's satisfaction from liability to the state, though protections do not extend to natural resource damages or future discharges.
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Establishes that the Department may apportion liability among multiple dischargers and that parties providing cleanup or removal are entitled to contribution from other responsible parties.
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Exempts public corporations from liability for petroleum discharges at involuntarily acquired sites where they did not participate in site development, with exceptions for corporations that caused or contributed to the discharge.
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Requires the administrator to determine within 30 days whether evidence presented by a discharger establishes that a third party is wholly or partially responsible for a claim.
Legislative Description
Relates to responsible parties for petroleum contaminated sites and incentives to parties who are willing to remediate such sites; provides that a discharger may present evidence as to third party responsibility for petroleum discharge; provides for apportionment of liability; provides that parties willing to remediate such discharge shall be entitled to liability limitation.
Last Action
COMMITTED TO RULES
6/20/2018