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NY S01348
Bill
Status
1/9/2025
Primary Sponsor
Kevin Parker
Click for details
AI Summary
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Allows environmental violators to undertake environmental benefit projects as partial settlement of civil penalties, but only if the violation was not intentional, did not threaten public health, and the respondent has no history of significant noncompliance
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Requires projects to be located within 25 linear miles of the violation site and provide environmental benefits beyond what is legally required, such as pollution prevention, ecosystem restoration, or risk reduction programs
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Mandates that all settlements must include a payable penalty component that fully recovers the economic benefit the violator gained from noncompliance, plus a portion of the gravity component reflecting the violation's seriousness
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Prohibits certain activities from qualifying as environmental benefit projects, including contributions to university research, studies without implementation commitments, and projects unrelated to environmental protection
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Requires public notice in the Environmental Notice Bulletin and local newspapers at least 45 days before settlement execution, with Attorney General review and approval of all such settlements
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
1/7/2026