New York S 3345: Relates to the disqualification of a surviving spouse

Bill Text

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S03345 Summary:

BILL NOS03345 

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SAME ASNo Same As

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SPONSORPARKER

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COSPNSRCOMRIE, HOYLMAN-SIGAL, KRUEGER, SERRANO

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MLTSPNSR

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Add Art 71 Title 45 §§71-4501 - 71-4513, amd §71-1311, En Con L

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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.

Go to top S03345 Actions:

BILL NOS03345 

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01/27/2025REFERRED TO ENVIRONMENTAL CONSERVATION

01/07/2026REFERRED TO ENVIRONMENTAL CONSERVATION

Go to topS03345 Committee&nbspVotes:

Go to topS03345 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03345 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3345

 2025-2026 Regular Sessions

 IN SENATE

 January 27, 2025
 ___________

 Introduced by Sens. PARKER, COMRIE, HOYLMAN-SIGAL, KRUEGER, SERRANO --
 read twice and ordered printed, and when printed to be committed to
 the Committee on Environmental Conservation

 AN ACT to amend the environmental conservation law, in relation to
 granting private citizens the right to initiate civil enforcement
 actions for violations of such law

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Article 71 of the environmental conservation law is amended
 2 by adding a new title 45 to read as follows:
 3 TITLE 45
 4 PRIVATE ENVIRONMENTAL
 5 LAW ENFORCEMENT ACT
 6 Section 71-4501. Enforcement by private citizens.
 7 71-4503. Notice of action.
 8 71-4505. Intervention.
 9 71-4507. Approval of settlements.
 10 71-4509. Costs, fees and penalties.
 11 71-4511. Applicability in the Adirondack park.
 12 71-4513. Savings clause.
 13 § 71-4501. Enforcement by private citizens.
 14 1. Except as otherwise provided in section 71-4503 of this title, any
 15 person who has suffered or may suffer an injury in fact, regardless of
 16 whether such injury is different in kind or degree from that suffered by
 17 the public at large, may commence a civil action in a court of competent
 18 jurisdiction for injunctive and declaratory relief pursuant to subdivi-
 19 sion two of this section against any person for any violation of an
 20 administrative or court order compelling that person to investigate or
 21 remediate an inactive hazardous waste disposal site pursuant to title 13
 22 of article 27 of this chapter, or for a violation of the following

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02577-01-5

 S. 3345 2

 1 provisions of or any rule, regulation, permit, certificate or order
 2 promulgated or issued pursuant to:
 3 a. section 15-0501, 15-0503 or 15-0505 of this chapter; or
 4 b. title 27 of article 15 of this chapter; or
 5 c. title 5, 7, 8, 10 or 17 of article 17 of this chapter; or
 6 d. article 19 of this chapter; or
 7 e. article 23 of this chapter; or
 8 f. article 24 of this chapter; or
 9 g. article 25 of this chapter; or
 10 h. title 3, 7, 9 or 15 of article 27 of this chapter; or
 11 i. article 33 of this chapter; or
 12 j. article 37 of this chapter; or
 13 k. article 40 of this chapter.
 14 2. In any action commenced pursuant to subdivision one of this
 15 section, the court may issue declaratory and/or injunctive relief for
 16 each violation found. The judgment in any such action may also impose
 17 such conditions on the defendant as are necessary to assure compliance
 18 with such law, rule, regulation, permit, certificate or order within a
 19 reasonable time period.
 20 3. No person shall commence a civil action pursuant to subdivision one
 21 of this section unless the alleged violation could be subject to a judi-
 22 cial enforcement action or administrative enforcement proceeding brought
 23 by or on behalf of the department, the state of New York, the commis-
 24 sioner, or the commissioner's designee.
 25 4. No action may be broug