Bill Text: NY S01454 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides that a municipality which received title to property through escheat, any other involuntary transfer, or through the exercise of eminent domain authority shall not be considered responsible for the contamination and remediation of such property unless the municipality generated, transported, disposed of, arranged for or caused the disposal of hazardous wastes or substances at the subject property.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO ENVIRONMENTAL CONSERVATION [S01454 Detail]

Download: New_York-2011-S01454-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 1454                                                  A. 1407
                              2011-2012 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                    January 7, 2011
                                      ___________
       IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
         ed, and when printed to be committed to the Committee on Environmental
         Conservation
       IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
         to the Committee on Environmental Conservation
       AN ACT to amend the  environmental  conservation  law,  in  relation  to
         determining  municipality  responsibility for hazardous waste remedial
         programs
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  4  of  section  27-1313 of the environmental
    2  conservation law, as added by chapter  282  of  the  laws  of  1979,  is
    3  amended to read as follows:
    4    4.  Any  order  issued  pursuant  to subdivision three of this section
    5  shall be issued only after notice and the opportunity for a  hearing  is
    6  provided  to  persons  who may be the subject of such order. The commis-
    7  sioner shall determine which persons are responsible  pursuant  to  said
    8  subdivision  according  to  applicable principles of statutory or common
    9  law liability, EXCEPT THAT A MUNICIPALITY WHICH RECEIVED  TITLE  TO  THE
   10  PROPERTY  THROUGH  ESCHEAT, OR THROUGH ANY OTHER INVOLUNTARY TRANSFER OR
   11  ACQUISITION, OR THROUGH THE EXERCISE  OF  EMINENT  DOMAIN  AUTHORITY  BY
   12  PURCHASE  OR  CONDEMNATION  SHALL  NOT BE CONSIDERED RESPONSIBLE FOR THE
   13  CONTAMINATION OF THE PROPERTY, UNLESS THE MUNICIPALITY GENERATED, TRANS-
   14  PORTED, OR DISPOSED OF, ARRANGED FOR, OR  THE  MUNICIPALITY  CAUSED  THE
   15  GENERATION,   TRANSPORTATION,   OR   DISPOSAL  OF  HAZARDOUS  WASTES  OR
   16  SUBSTANCES LOCATED AT REAL PROPERTY PROPOSED TO BE INVESTIGATED OR TO BE
   17  REMEDIATED.  Such persons shall be entitled to raise  any  statutory  or
   18  common  law defense at any such hearing and such defenses shall have the
   19  same force and effect at such hearings as they would have in a court  of
   20  law.  In  the  event  a hearing is held, no order shall be issued by the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03712-01-1
       S. 1454                             2                            A. 1407
    1  commissioner under subdivision three of this section until a final deci-
    2  sion has been rendered. Any such order shall be reviewable  pursuant  to
    3  article  seventy-eight of the civil practice law and rules within thirty
    4  days  after  service  of  such  order.  The commissioner may request the
    5  participation of the attorney general in such hearings.
    6    S 2. This act shall take effect immediately.