NY State Senate Bill 2021-S1089A

Senate Bill S1089A

2021-2022 Legislative Session

Relates to an action to recover damages for personal injury involving solid waste management and resource recovery facilities

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 11, 2022	print number 1089a
Jan 11, 2022	amend and recommit to judiciary
Jan 05, 2022	referred to judiciary
Jan 06, 2021	referred to judiciary

Bill Amendments

Original

A (Active)

2021-S1089 - Details

Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Add §214-j, CPLR
Versions Introduced in 2019-2020 Legislative Session:: S5899

2021-S1089 - Summary

Relates to an action to recover damages for personal injury involving solid waste management and resource recovery facilities.

2021-S1089 - Sponsor Memo

                                
 
BILL NUMBER: S1089

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to an
action to recover damages for personal injury involving solid waste
management and resource recovery facilities

 
PURPOSE OR GENERAL IDEA OF BILL:

To extend the statute of limitations in relation to actions for damages
arising out of violations of solid waste management and resource recov-
ery facilities.

 
SUMMARY OF PROVISIONS:

Section one provides for a six year statute of limitations for actions
to recover damages for personal injury resulting from violations involv-
ing solid waste management and resource recovery facilities.

Section two provides that this act shall take effect immediately and
shall apply to actions arising on or after the effective date of the
act.

 
JUSTIFICATION:

Unfortunately, a number of local governments have been grappling with
damages resulting from the illegal disposal of solid waste. In several
recent cases, construction material containing contaminated debris has
been illegally dumped in recreational parks and residential areas. This
causes a major public health crisis and the clean-up efforts require
dedication of substantial resources.

In order to ensure that the costs associated with remediating environ-
mental damages and other personal injury resulting from the illegal
disposal of solid waste fall on the responsible party, this bill would
extend the statute of limitations for any action arising out of a
violation of title 7 of article 27 of the environmental conservation
law, which relates to solid waste management and resource recovery
facilities, to six years. This will ensure that when damages resulting
from the illegal disposal of solid waste are not immediately discovered,
injured parties still have ample time to file suit against polluters.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: S5899

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to actions aris-
ing on or after the effective date of this act.

2021-S1089 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1089
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and  rules,  in  relation  to  an
   action  to  recover  damages for personal injury involving solid waste
   management and resource recovery facilities

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 214-i to read as follows:
   §  214-I.  ACTION  TO  RECOVER  DAMAGES  FOR PERSONAL INJURY CAUSED BY
 VIOLATIONS INVOLVING SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY FACIL-
 ITIES. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  AN  ACTION
 TO  RECOVER  PERSONAL  DAMAGES FOR INJURY CAUSED BY A VIOLATION OF TITLE
 SEVEN OF ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL CONSERVATION LAW, MAY
 BE COMMENCED BY THE PLAINTIFF WITHIN SIX YEARS FROM THE DATE  THE  CAUSE
 OF ACTION ACCRUED.
   § 2. This act shall take effect immediately and shall apply to actions
 arising on or after such effective date.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04004-01-1

2021-S1089A (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Add §214-j, CPLR
Versions Introduced in 2019-2020 Legislative Session:: S5899

2021-S1089A (ACTIVE) - Summary

Relates to an action to recover damages for personal injury involving solid waste management and resource recovery facilities.

2021-S1089A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1089A

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to an
action to recover damages for personal injury involving solid waste
management and resource recovery facilities

 
PURPOSE OR GENERAL IDEA OF BILL:

To extend the statute of limitations in relation to actions for damages
arising out of violations of solid waste management and resource recov-
ery facilities.

 
SUMMARY OF PROVISIONS:

Section one provides for a six year statute of limitations for actions
to recover damages for personal injury resulting from violations involv-
ing solid waste management and resource recovery facilities.

Section two provides that this act shall take effect immediately and

shall apply to actions arising on or after the effective date of the
act.

 
JUSTIFICATION:

Unfortunately, a number of local governments have been grappling with
damages resulting from the illegal disposal of solid waste. In several
recent cases, construction material containing contaminated debris has
been illegally dumped in recreational parks and residential areas. This
causes a major public health crisis and the clean-up efforts require
dedication of substantial resources.  In order to ensure that the costs
associated with remediating environmental damages and other personal
injury resulting from the illegal disposal of solid waste fall on the
responsible party, this bill would extend the statute of limitations for
any action arising out of a violation of title 7 of article 27 of the
environmental conservation law, which relates to solid waste management
and resource recovery facilities, to six years. This will ensure that
when damages resulting from the illegal disposal of solid waste are not
immediately discovered, injured parties still have ample time to file
suit against polluters.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: S5899

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to actions aris-
ing on or after the effective date of this act.

2021-S1089A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1089--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary  --  recommitted
   to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee

 AN ACT to amend the civil practice law and  rules,  in  relation  to  an
   action  to  recover  damages for personal injury involving solid waste
   management and resource recovery facilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 214-j to read as follows:
   §  214-J.  ACTION  TO  RECOVER  DAMAGES  FOR PERSONAL INJURY CAUSED BY
 VIOLATIONS INVOLVING SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY FACIL-
 ITIES. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  AN  ACTION
 TO  RECOVER  PERSONAL  DAMAGES FOR INJURY CAUSED BY A VIOLATION OF TITLE
 SEVEN OF ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL CONSERVATION LAW, MAY
 BE COMMENCED BY THE PLAINTIFF WITHIN SIX YEARS FROM THE DATE  THE  CAUSE
 OF ACTION ACCRUED.
   § 2. This act shall take effect immediately and shall apply to actions
 arising on or after such effective date.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04004-02-2

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