Bill Text: NY A00164 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to liability limitations for local brownfield sites issued city certificates of completion.

Spectrum: Partisan Bill (Democrat 18-0)

Status: (Introduced - Dead) 2014-01-08 - referred to environmental conservation [A00164 Detail]

Download: New_York-2013-A00164-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          164
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by M. of A. HEVESI, MARKEY, BENEDETTO, MAISEL, CASTRO, SCHI-
         MEL, TITONE, CRESPO,  COOK,  SIMOTAS,  BOYLAND,  WEPRIN,  SCARBOROUGH,
         MOYA,  COLTON, PERRY, JACOBS -- Multi-Sponsored by -- M. of A. ABBATE,
         GIBSON, LENTOL, ROBINSON -- read once and referred to the Committee on
         Environmental Conservation
       AN ACT to amend the administrative code of the  city  of  New  York,  in
         relation  to  liability  limitations for local brownfield sites issued
         city certificates of completion
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  24-906 of the administrative code of the city of
    2  New York is amended by adding a new subdivision (f) to read as follows:
    3    (F)(1) NOTWITHSTANDING ANY  OTHER  PROVISION  OF  LAW  AND  EXCEPT  AS
    4  PROVIDED  ELSEWHERE  IN  THIS  SECTION,  AFTER  THE  OFFICE HAS ISSUED A
    5  CERTIFICATE OF COMPLETION FOR A  LOCAL  BROWNFIELD  SITE,  THE  ENROLLEE
    6  SHALL  NOT BE LIABLE TO THE STATE UPON ANY STATUTORY OR COMMON LAW CAUSE
    7  OF ACTION, ARISING OUT OF THE PRESENCE OF ANY CONTAMINATION IN,  ON,  OR
    8  EMANATING  FROM  THE  LOCAL BROWNFIELD SITE THAT WAS THE SUBJECT OF SUCH
    9  CERTIFICATE AT ANY TIME BEFORE THE EFFECTIVE DATE OF A LOCAL  BROWNFIELD
   10  CLEANUP  AGREEMENT  ENTERED INTO PURSUANT TO THIS CHAPTER, EXCEPT THAT A
   11  PARTICIPANT SHALL NOT RECEIVE A RELEASE  FOR  NATURAL  RESOURCE  DAMAGES
   12  THAT MAY BE AVAILABLE UNDER LAW.
   13    (2) ANY PROVISION OF SECTION 27-1421 OF THE ENVIRONMENTAL CONSERVATION
   14  LAW THAT APPLIES TO A LIABILITY LIMITATION PROVIDED PURSUANT TO SUBDIVI-
   15  SION  ONE OF SUCH SECTION SHALL APPLY TO A LIABILITY LIMITATION PROVIDED
   16  PURSUANT TO PARAGRAPH ONE OF THIS SUBDIVISION.
   17    S 2. This act shall take effect immediately and  shall  be  deemed  to
   18  have been in full force and effect on and after January 1, 2013.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00839-01-3