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NY S00734
Bill
Status
1/6/2023
Primary Sponsor
Kevin Parker
Click for details
AI Summary
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Creates a new section 71-0520 of Environmental Conservation Law allowing the Department of Environmental Conservation to accept environmental benefit projects as partial settlement in lieu of full civil penalties for violations.
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Limits eligibility for project settlements to violators without significant noncompliance history, where violations were not intentional or reckless, did not threaten public health or cause serious environmental harm, and where the violator commits to promptly correct the violation.
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Requires settlements to include a payable penalty component recovering the economic benefit of noncompliance and a portion of the gravity component, with projects designed to provide environmental benefits beyond full compliance and located within 25 linear miles of the violation site.
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Prohibits projects from being activities already required by law, research contributions to colleges/universities, studies without implementation commitment, or public education projects; requires respondents to sign statements confirming they will not claim tax deductions for project costs.
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Mandates 45-day public notice in the environmental bulletin and local newspapers before settlement execution, Attorney General review and approval, legally enforceable compliance schedules with milestone deadlines, and respondent acknowledgment of the enforcement action if publicizing the project.
Legislative Description
Makes provisions regarding environmental benefit projects in lieu of civil penalties including establishing conditions for their acceptance and criteria for such projects; authorizes the attorney general to review and approve the settlement or administrative order.
Last Action
REFERRED TO ENVIRONMENTAL CONSERVATION
1/3/2024