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NY S07913

Bill

Status

Introduced

1/3/2024

Primary Sponsor

Kevin Parker

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Origin

Senate

2023-2024 General Assembly

AI Summary

  • Creates "Private Environmental Law Enforcement Act" allowing any person who has suffered or may suffer injury in fact to bring civil suits for injunctive and declaratory relief against violators of specified environmental laws, including hazardous waste disposal site remediation orders and violations of articles 15, 17, 19, 23, 24, 25, 27, 33, 37, and 40 of the Environmental Conservation Law.

  • Requires plaintiffs to provide 60 days' written notice by certified mail to the Department of Environmental Conservation commissioner, Attorney General, and alleged violators before commencing action, with exceptions for substantial and imminent environmental hazards.

  • Prevents private citizens from suing the state, its departments, agencies, or political subdivisions except in their capacity as pollution source owners/operators or persons responsible for hazardous waste site remediation.

  • Prohibits settlements exceeding costs, disbursements, reasonable expert witness and attorney fees to plaintiffs who lack standing except under this law; limits defendant fee awards to $10,000 maximum and only upon showing the action was frivolous.

  • Permits the Attorney General to intervene as a matter of right and to seek penalties; effective immediately for most cases but private citizens cannot sue municipalities until September 1, 2027.

Legislative Description

Enacts "private environmental law enforcement act"; authorizes any private citizen who has an interest which is or may be adversely affected to commence civil judicial actions for injunctive or declaratory relief to remedy environmental harms under certain circumstances; provides that such action may be commenced against any person for any violation of an administrative or court order compelling an investigation or remediation of an inactive hazardous waste disposal site.

Last Action

REFERRED TO ENVIRONMENTAL CONSERVATION

1/3/2024

Committee Referrals

Environmental Conservation1/3/2024

Full Bill Text

No bill text available