BILL NUMBER: S1364

SPONSOR: SERRANO
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
authorizing the attorney general to enforce the provisions of such law
and the rules and regulations adopted pursuant thereto

 
PURPOSE OR GENERAL IDEA OF THE BILL

The bill would establish direct enforcement authority of the Environ-
mental Conservation Law (ECL) and Department of Environmental Conserva-
tion (DEC) rules and regulations for the Attorney General.

 
SUMMARY OF PROVISIONS:

The bill creates direct authority for the Attorney General of NYS to
enforce the ECL, as well as rules and regulations promulgated by DEC
through a special proceeding in a court having jurisdiction.

 
              

JUSTIFICATION:

This bill would ensure that appropriate actions are taken to enforce the
ECL in the absence of action by DEC. At the present time, the Attorney
General may only proceed on ECL enforcement actions if such cases are
referred by DEC. If this bill were enacted into law, the Attorney Gener-
al could act directly to enforce the ECL, and/or rules and regulations
of DEC, thereby establishing an improved enforcement presence and
compliance with environmental statutes in NYS.

 
LEGISLATIVE HISTORY:

2009-10: S.3464 Referred to Environmental Conservation

2011-12: S.2394 Referred to Environmental Conservation

2013-14: S.1027 Referred to Environmental Conservation

2015-16: S.952 Referred to Environmental Conservation

2017-18: S.3061 Referred to Environmental Conservation

2019-20: S.4338 Referred to Environmental Conservation

2021-22: S.1427 Referred to Environmental Conservation

2023-24: S.1517 Referred to Environmental Conservation

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
The act would take effect immediately.