BILL NUMBER: S659
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:
Section one of the bill amends Environmental Conservation Law § 71-4003
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.
Section of the bill sets the effective date.
 
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 the passage of ECL § 71-4003 providing for a general civil penal-
ty, 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 Depart-
ment of Environmental 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 makes injunctive relief a more
appropriate remedy than a monetary penalty. For example, ECL Article 34,
relating to Coastal Erosion Hazard Areas, recognizes the need to regu-
late activities and development, including the erection of erosion
protective structures, within the coastal erosion hazard areas of New
York to minimize property damage 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 § 71-4003 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
§ 714003, would allow the Commissioner to utilize the penalty most
appropriate to the nature of the violation.
 
LEGISLATIVE HISTORY:
2024: S4886 (Gianaris) PASSED SENATE / A8353 (Simon) died in environ-
mental conservation
2023: S4886 (Gianaris) PASSED SENATE
2022: S1237 (Gianaris) PASSED SENATE
2021: S1237 (Gianaris) PASSED SENATE
2019-20: S1285 (Gianaris) died in Environmental Conservation
2017-18: S2734 (Gianaris) died in Environmental / A8548 (Kavanagh) died
in environmental
2015-16: S2427 (Gianaris) died in Environmental / A5787 (Kavanagh) died
in environmental
2013-14: S585 (Gianaris) died in Environmental / A183 (Kavanagh) died in
environmental
2011-12: S1971 (Gianaris) died in Environmental / A1645 (Kavanagh) died
in environmental
2009-10: A5259 (Gianaris) died in environmental conservation
2008: A6903 (Gianaris) died in environmental conservation
2007: A6903 (Gianaris) died in codes
2006: S4114 (Marcellino) died in environmental conservation / A7601
(Gianaris) died in codes
2005: S4114 (Marcellino) advanced to third reading / A7601 (Gianaris)
died in codes
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S659: 71-4003 environmental conservation law