Bill Text: NY S00492 | 2011-2012 | General Assembly | Introduced
Bill Title: Authorizes the state to act as an agent of a municipality (to which state assistance has been provided) in the form of parens patriae, upon written request made by a municipality to the commissioner of environmental conservation and to the attorney general, to recover a municipality's share of the cost of an environmental restoration project from the responsible parties; provides that where a municipality has requested the state to so act to recover its share of the costs of an environmental restoration project, then that portion of such monies recovered or reimbursed which represents the proportionate share of the costs incurred by the municipality for each such project shall be paid out of such funds to the municipality by the comptroller upon the presentation of a claim therefor.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO ENVIRONMENTAL CONSERVATION [S00492 Detail]
Download: New_York-2011-S00492-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
492
2011-2012 Regular Sessions
I N S E N A T E
(PREFILED)
January 5, 2011
___________
Introduced by Sen. ROBACH -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
permitting the state to act as parens patriae to recover a munici-
pality's share of the cost of an environmental restoration project
from responsible parties
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivisions 2 and 3 of section 56-0507 of the environ-
2 mental conservation law, as amended by section 6 of part D of chapter 1
3 of the laws of 2003, are amended to read as follows:
4 2. The state shall make all reasonable efforts to recover the full
5 amount of any state assistance provided TO A MUNICIPALITY under this
6 title FOR AN ENVIRONMENTAL RESTORATION PROJECT AND, IF REQUESTED IN
7 WRITING TO THE COMMISSIONER AND THE ATTORNEY GENERAL OF THE STATE OF NEW
8 YORK BY THE MUNICIPALITY TO WHICH SUCH ASSISTANCE WAS GIVEN, SHALL ACT
9 AS AGENT OF SUCH MUNICIPALITY IN THE FORM OF PARENS PATRIAE, TO RECOVER
10 THE MUNICIPALITY'S SHARE OF ITS COST OF SUCH ENVIRONMENTAL RESTORATION
11 PROJECT, through litigation brought under this section or other statute
12 or under the common law, or through cooperative agreements, with respon-
13 sible parties (other than the municipality to which state assistance was
14 provided under this title; or a successor in title, lender, or lessee
15 who was not otherwise a responsible party prior to the municipality's
16 taking title to such property).
17 3. Any and all monies recovered or reimbursed AS TO EACH ENVIRONMENTAL
18 RESTORATION PROJECT pursuant to this section shall be deposited into the
19 environmental restoration project account of the hazardous waste remedi-
20 al fund established under section ninety-seven-b of the state finance
21 law; PROVIDED HOWEVER, THAT IF ANY MUNICIPALITY HAS REQUESTED THAT THE
22 STATE ACT AS ITS AGENT AS PARENS PATRIAE TO RECOVER ITS SHARE OF COSTS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01922-01-1
S. 492 2
1 OF AN ENVIRONMENTAL RESTORATION PROJECT, THEN THAT PORTION OF SUCH
2 MONIES RECOVERED OR REIMBURSED AS TO EACH ENVIRONMENTAL RESTORATION
3 PROJECT WHICH REPRESENTS THE PROPORTIONATE SHARE OF THE COSTS INCURRED
4 BY SUCH MUNICIPALITY FOR EACH SUCH ENVIRONMENTAL PROJECT SHALL BE PAID
5 OUT OF SUCH FUNDS TO SUCH MUNICIPALITY BY THE COMPTROLLER OF THE STATE
6 UPON THE PRESENTATION TO THE COMPTROLLER OF A CLAIM FOR SUCH MONEY BY
7 SUCH MUNICIPALITY.
8 S 2. This act shall take effect immediately.
