BILL NUMBER: S1237    REVISED   12/07/2022

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to the
general civil penalty

 
PURPOSE:

To amend the Environmental Conservation Law (ECL) to provide injunctive
relief for ECL violations for which there is no specifically stated
penalty in law.

 
SUMMARY OF PROVISIONS:

Environmental Conservation Law § 71-4003 is amended to provide for
injunctive relief, as well as revocation or suspension of a permit or
certificate or denial of a pending renewal application, for violations
of the ECL where the penalty is not otherwise specifically provided.

 
              

EXISTING LAW:

 
JUSTIFICATION:

Typically, the relevant provisions of the ECL give the Commissioner
specific authority to assess monetary civil penalties and to direct
injunctive relief in redress of violations of such provisions.  However,
before passage of ECL § 71-4003 providing for a general civil penalty,
there were certain ECL violations for which there was no stated penalty
in law. When the Legislature enacted ECL § 71-4003 in 1977 (formerly §
71-3903), it provided for the assessment of a monetary penalty, but not
for injunctive relief, for those violations for which there was no
specific penalty provided elsewhere in the ECL. The Department of Envi-
ronmental Conservation's experience since the enactment of ECL § 71-4003
has demonstrated the need to revise such section to include injunctive
relief.

The nature of certain ECL violations make injunctive relief a more
appropriate remedy than a monetary penalty. Fox example, ECL Article 34,
relating to Coastal Erosion Hazard Areas, recognizes the need to regu-
late activities and development, including erection of erosion protec-
tive structures, within the coastal erosion hazard areas of New York to
minimize damage to property and prevent the exacerbation of erosion
hazards. ECL Article 34 has no specific penalty provisions; therefore,
violations of such Article are penalized under ECL § 71-4003. Pursuant
to ECL § 71-40030 the Commissioner may only assess monetary penalties.
However, if a violator has constructed a structure which is detrimental
to a coastal erosion hazard area, it may be more appropriate to require
that the violator remove such structure, rather than imposing a monetary
penalty.

In addition, revocation or suspension of a permit or certificate, or
denial of a renewal application may be a suitable penalty. This would be
especially true where the subject offense involves violation of the
conditions of such permit or certificate. This proposal, in amending ECL
§ 71-4003, would allow the Commissioner to utilize the penalty most
appropriate to the nature of the violation.

 
LEGISLATIVE HISTORY:

2020: Died in Environmental Conservation
2019: Died in Environmental Conservation
2018: Died in Environmental Conservation
2017: Died in Environmental Conservation
2016: Died in Environmental Conservation
2015: Died in Environmental Conservation
2014: Senate Bill 585 (Gianaris) - Died in Senate Environmental Conser-
vation Committee
2012: Senate Bill 1971 (Gianaris) - Died in Senate Environmental Conser-
vation Committee

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
Immediately.