Bill Text: NY A03779 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the environmental conservation law, in relation to requiring the indexing of all rules, regulations, orders, consent orders and amendments thereto
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-06 - referred to environmental conservation [A03779 Detail]
Download: New_York-2009-A03779-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3779
2009-2010 Regular Sessions
I N A S S E M B L Y
January 28, 2009
___________
Introduced by M. of A. LENTOL -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
requiring the indexing of all rules, regulations, orders, consent
orders and amendments thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 5 of section 17-0303 of the environmental
2 conservation law is amended by adding a new paragraph m to read as
3 follows:
4 M. ENTER, IN THEIR ENTIRETY, AND INDEX ALL RULES, REGULATIONS, ORDERS,
5 CONSENT ORDERS AND AMENDMENTS THEREOF PROMULGATED, ISSUED OR ADOPTED BY
6 THE DEPARTMENT IN QUARTERLY SUMMARY REPORTS TO BE KEPT BY THE DEPARTMENT
7 FOR THAT PURPOSE, AND SHALL BE PUBLIC RECORDS OPEN FOR INSPECTION AT ALL
8 TIMES DURING REASONABLE OFFICE HOURS. A COPY OF ANY DEPARTMENT RULE OR
9 REGULATION SHALL BE RECEIVED IN EVIDENCE IN ALL COURTS OF THIS STATE
10 WITH THE SAME EFFECT AS THE ORIGINAL, IF CERTIFIED BY A MEMBER OR DULY
11 AUTHORIZED EMPLOYEE OF THE DEPARTMENT.
12 S 2. The environmental conservation law is amended by adding a new
13 section 19-0508 to read as follows:
14 S 19-0508. PUBLIC REVIEW MEETING.
15 ALL RULES, REGULATIONS, ORDERS, CONSENT ORDERS AND AMENDMENTS THERETO
16 MADE BY THE DEPARTMENT SHALL BE IN WRITING AND SHALL BE ENTERED IN FULL
17 AND INDEXED IN QUARTERLY SUMMARY REPORTS TO BE KEPT BY THE DEPARTMENT
18 FOR THAT PURPOSE, AND SHALL BE PUBLIC RECORDS OPEN FOR INSPECTION AT ALL
19 TIMES DURING REASONABLE OFFICE HOURS. A COPY OF ANY DEPARTMENT RULE OR
20 REGULATION SHALL BE RECEIVED IN EVIDENCE IN ALL COURTS OF THIS STATE
21 WITH THE SAME EFFECT AS THE ORIGINAL, IF CERTIFIED BY A MEMBER OR DULY
22 AUTHORIZED EMPLOYEE OF THE DEPARTMENT.
23 S 3. Section 71-0519 of the environmental conservation law is amended
24 by adding a new subdivision 7 to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05878-01-9
A. 3779 2
1 7. ALL RULES, REGULATIONS, ORDERS, CONSENT ORDERS AND AMENDMENTS THER-
2 ETO MADE BY THE DEPARTMENT SHALL BE IN WRITING AND SHALL BE ENTERED IN
3 FULL AND INDEXED IN QUARTERLY SUMMARY REPORTS TO BE KEPT BY THE DEPART-
4 MENT FOR THAT PURPOSE, AND SHALL BE PUBLIC RECORDS OPEN FOR INSPECTION
5 AT ALL TIMES DURING REASONABLE OFFICE HOURS. A COPY OF ANY DEPARTMENT
6 RULE OR REGULATION SHALL BE RECEIVED IN EVIDENCE IN ALL COURTS OF THIS
7 STATE WITH THE SAME EFFECT AS THE ORIGINAL, IF CERTIFIED BY A MEMBER OR
8 DULY AUTHORIZED EMPLOYEE OF THE DEPARTMENT.
9 S 4. Section 71-0523 of the environmental conservation law is amended
10 to read as follows:
11 S 71-0523. Power of the department to settle or compromise an action.
12 1. The department shall BE empowered to settle or compromise in its
13 discretion any action or cause of action to recover a penalty under the
14 provisions of this chapter listed in section 71-0501 or under titles 5
15 through [15] 13 inclusive and title 33 of this article, as it may deem
16 advantageous to the state.
17 2. ALL RULES, REGULATIONS, ORDERS, CONSENT ORDERS AND AMENDMENTS THER-
18 ETO MADE BY THE DEPARTMENT SHALL BE IN WRITING AND SHALL BE ENTERED IN
19 FULL AND INDEXED IN QUARTERLY SUMMARY REPORTS TO BE KEPT BY THE DEPART-
20 MENT FOR THAT PURPOSE, AND SHALL BE PUBLIC RECORDS OPEN FOR INSPECTION
21 AT ALL TIMES DURING REASONABLE OFFICE HOURS. A COPY OF ANY DEPARTMENT
22 RULE OR REGULATION SHALL BE RECEIVED IN EVIDENCE IN ALL COURTS OF THIS
23 STATE WITH THE SAME EFFECT AS THE ORIGINAL, IF CERTIFIED BY A MEMBER OR
24 DULY AUTHORIZED EMPLOYEE OF THE DEPARTMENT.
25 S 5. Subdivisions 1 and 2 of section 71-1307 of the environmental
26 conservation law, subdivision 1 as amended by chapter 166 of the laws of
27 1991, subdivision 2 as added by chapter 846 of the laws of 1981, are
28 amended to read as follows:
29 1. Administrative sanctions. Any person who violates any provision of
30 article 23 of this chapter or commits any offense described in section
31 71-1305 of this title shall be liable to the people of the state for a
32 civil penalty not to exceed five thousand dollars and an additional
33 penalty of one thousand dollars for each day during which such violation
34 continues, to be assessed by the commissioner after a hearing or oppor-
35 tunity to be heard. The commissioner, acting by the attorney general,
36 may bring suit for collection of such assessed civil penalty in any
37 court of competent jurisdiction. Such civil penalty may be released or
38 compromised by the commissioner before the matter has been referred to
39 the attorney general; and where such matter has been referred to the
40 attorney general, any such penalty may be released or compromised and
41 any action commenced to recover the same may be settled and discontinued
42 by the attorney general with the consent of the commissioner. THE
43 DEPARTMENT SHALL ISSUE QUARTERLY SUMMARY REPORTS OF ALL SUCH RELEASES
44 AND COMPROMISES. In addition, the commissioner shall have the power,
45 following a hearing conducted pursuant to rules and regulations adopted
46 by the department, to direct the violator to cease the violation and
47 reclaim and repair the affected site to a condition acceptable to the
48 commissioner, to the extent possible within a reasonable time and under
49 the direction and supervision of the commissioner. Any such order of the
50 commissioner shall be enforceable in any action brought by the commis-
51 sioner in any court of competent jurisdiction. Any civil penalty or
52 order issued by the commissioner under this subdivision shall be review-
53 able in a proceeding under article seventy-eight of the civil practice
54 law and rules.
55 2. Civil sanctions. In lieu of seeking administrative sanctions, the
56 commissioner may refer any violation described in subdivision 1 of this
A. 3779 3
1 section to the attorney general who shall be empowered to bring a civil
2 suit to seek any of the sanctions described in subdivision 1 of this
3 section. Any such sanctions imposed may be released or compromised or
4 the action may be settled and discontinued by the attorney general with
5 the consent of the commissioner. THE DEPARTMENT SHALL ISSUE QUARTERLY
6 SUMMARY REPORTS OF ALL SUCH RELEASES AND COMPROMISES.
7 S 6. Subdivision 4 of section 71-1707 of the environmental conserva-
8 tion law is amended to read as follows:
9 4. Such civil penalty may be released or compromised by the commis-
10 sioner before the matter has been referred to the [Attorney General]
11 ATTORNEY GENERAL, and where such matter has been referred to the [Attor-
12 ney General] ATTORNEY GENERAL, any such penalty may be released or
13 compromised and any action commenced to recover the same may be settled
14 and discontinued by the [Attorney General] ATTORNEY GENERAL with the
15 consent of the commissioner. THE DEPARTMENT SHALL ISSUE QUARTERLY
16 SUMMARY REPORTS OF ALL SUCH RELEASES AND COMPROMISES.
17 S 7. Subdivision 2 of section 71-1927 of the environmental conserva-
18 tion law is amended to read as follows:
19 2. Settle or compromise, with the approval of the [Attorney General]
20 ATTORNEY GENERAL, any action or cause of action for the recovery of a
21 penalty under titles 1 through 11 inclusive and title 19 of article 17
22 OF THIS CHAPTER as he may deem advantageous to the state. THE DEPART-
23 MENT SHALL ISSUE QUARTERLY SUMMARY REPORTS OF ALL SUCH COMPROMISES,
24 SETTLEMENTS AND ORDERS.
25 S 8. Subdivision 1 of section 71-2303 of the environmental conserva-
26 tion law, as amended by chapter 654 of the laws of 1977, is amended to
27 read as follows:
28 1. Administrative sanctions. Any person who violates, disobeys or
29 disregards any provision of article twenty-four, including title five
30 and section 24-0507 thereof or any rule or regulation, local law or
31 ordinance, permit or order issued pursuant thereto, shall be liable to
32 the people of the state for a civil penalty of not to exceed three thou-
33 sand dollars for every such violation, to be assessed, after a hearing
34 or opportunity to be heard upon due notice and with the rights to spec-
35 ification of the charges and representation by counsel at such hearing,
36 by the commissioner or local government. Such penalty may be recovered
37 in an action brought by the attorney general at the request and in the
38 name of the commissioner or local government in any court of competent
39 jurisdiction. Such civil penalty may be released or compromised by the
40 commissioner or local government before the matter has been referred to
41 the attorney general; and where such matter has been referred to the
42 attorney general, any such penalty may be released or compromised, and
43 any action commenced to recover the same may be settled and discontinued
44 by the attorney general with the consent of the commissioner or local
45 government. THE DEPARTMENT SHALL ISSUE QUARTERLY SUMMARY REPORTS OF ALL
46 SUCH COMPROMISES, SETTLEMENTS OR ORDERS. In addition, the commissioner
47 or local government shall have power, following a hearing held in
48 conformance with the procedures set forth in section 71-1709 of this
49 [chapter] ARTICLE, to direct the violator to cease his violation of the
50 act and to restore the affected freshwater wetland to its condition
51 prior to the violation, insofar as that is possible within a reasonable
52 time and under the supervision of the commissioner or local government.
53 Any such order of the commissioner or local government shall be enforce-
54 able in an action brought by the attorney general at the request and in
55 the name of the commissioner or local government in any court of compe-
56 tent jurisdiction. Any civil penalty or order issued by the commission-
A. 3779 4
1 er or local government pursuant to this subdivision shall be reviewable
2 in a proceeding pursuant to article seventy-eight of the civil practice
3 law and rules.
4 S 9. Subdivision 1 of section 71-2727 of the environmental conserva-
5 tion law, as amended by chapter 671 of the laws of 1986, is amended to
6 read as follows:
7 1. The commissioner, after investigation, notice and an opportunity to
8 be heard, may issue, modify and revoke orders AND CONSENT ORDERS prohib-
9 iting violations of any of the provisions of THIS article [27 or 71] OR
10 ARTICLE 27 OF THIS CHAPTER or of any rule or regulation promulgated
11 pursuant thereto and requiring the taking of such remedial measures as
12 may be necessary or appropriate. SUCH ORDERS SHALL BE INDEXED IN QUAR-
13 TERLY SUMMARY REPORTS OPEN FOR PUBLIC REVIEW DURING REASONABLE OFFICE
14 HOURS.
15 S 10. This act shall take effect on the one hundred twentieth day
16 after it shall have become a law. Effective immediately, any rule or
17 regulation necessary for the timely implementation of this act on its
18 effective date may be promulgated on or before such date.
