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NY S08282
Bill
Status
7/22/2020
Primary Sponsor
James Gaughran
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AI Summary
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Amends Public Health Law by adding Section 1167-a to require municipalities and recipients receiving state assistance payments or grants for drinking water contamination removal projects to reimburse the Environmental Facilities Corporation if they recover funds from responsible parties through legal action.
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Reimbursement obligation applies only to recovery amounts exceeding the total project costs (including capital, operating, and maintenance costs for the contamination period) plus litigation expenses such as attorneys' fees, and cannot exceed the original state assistance amount received.
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Prohibits introduction of evidence regarding state assistance payments or grants in lawsuits by municipalities or recipients against responsible parties and prevents courts from reducing damage awards based on such state assistance.
Legislative Description
Relates to cost recovery by municipalities and other recipients from responsible parties; ensures that responsible parties do not benefit from state assistance payments/grants made by the environmental facilities corporation to municipalities and recipients and unnecessarily burden taxpayers.
Last Action
referred to health
7/22/2020