New York S 1348: Makes provisions regarding environmental benefit projects in lieu of civil penalties

Bill Text

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S01348 Summary:

BILL NOS01348 

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SAME ASSAME AS A01104

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SPONSORPARKER

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COSPNSR

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MLTSPNSR

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Add §71-0520, En Con L

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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.

Go to top S01348 Actions:

BILL NOS01348 

&nbsp

01/09/2025REFERRED TO ENVIRONMENTAL CONSERVATION

01/07/2026REFERRED TO ENVIRONMENTAL CONSERVATION

Go to topS01348 Committee&nbspVotes:

Go to topS01348 Floor&nbspVotes:

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

Go to topS01348 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1348

 2025-2026 Regular Sessions

 IN SENATE

 January 9, 2025
 ___________

 Introduced by Sen. PARKER -- 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 envi-
 ronmental benefit projects in lieu of civil penalties

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

 1 Section 1. The environmental conservation law is amended by adding a
 2 new section 71-0520 to read as follows:
 3 § 71-0520. Environmental benefit projects in lieu of civil penalties.
 4 1. For purposes of this section, the following terms shall have the
 5 following meanings:
 6 a. "Economic benefit of noncompliance" shall mean that portion of the
 7 civil penalty which includes the economic gain to the respondent result-
 8 ing from its failure to comply with the applicable standards, calculated
 9 from the first day of violation and includes the present value of
 10 avoided capital and operation costs and permanently avoided costs which
 11 would have been expended if compliance had occurred when required.
 12 b. "Environmental benefit project" or "project" shall mean a project
 13 in lieu of full payment of civil penalties undertaken by a violator that
 14 is intended to compensate for a violation or contravention of applicable
 15 standards.
 16 c. "Gravity component" shall mean that portion of the civil penalty
 17 which reflects the seriousness of a violation, calculated on the basis
 18 of the potential and actual harm caused by the violation, and the value
 19 of the natural resource damages, if the violator is not repairing the
 20 harm.
 21 2. The commissioner shall not enter into any agreement or administra-
 22 tive order which provides for a partial settlement of conditions in the
 23 form of any environmental benefit project in lieu of the payment of
 24 civil penalties unless all of the following conditions are met:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03123-01-5

 S. 1348 2

 1 a. The respondent does not have a record of significant or repeated
 2 noncompliance or recalcitrance;
 3 b. The violation was not committed intentionally, knowingly or reck-
 4 lessly, or with any of the culpable mental states defined in section
 5 15.05 of the penal law;
 6 c. The violation did not result in a threat to public health or cause
 7 grave or serious environmental harm;
 8 d. The respondent shall, in good faith, undertake all necessary steps
 9 to promptly correct the violation;
 10 e. Projects shall be initiated in addition to all regulatory compli-
 11 ance obligations and shall be designed to provide an environmental bene-
 12 fit beyond the benefits of full compliance;
 13 f. Projects cannot be activities otherwise required by law or already
 14 obtainable under the department's authority;
 15 g. All violations shall be corrected to ensure compliance with appli-
 16 cable environmental law and regulations, and respondents shall not be
 17 given additional time to correct violations in order to complete a
 18 project;
 19 h. Projects shall not be measures which the respondent would have
 20 undertaken anyway within the next five years;
 21 i. Projects shall be designed to provide a discernible benefit to the
 22 environment rather than to the respondent;
 23 j. To ensure that the deterrent effect of a settlement is achieve