New York 2025-2026 Regular Session

New York Senate Bill S01348

Introduced
1/9/25  
Refer
1/9/25  

Caption

Makes provisions regarding environmental benefit projects in lieu of civil penalties including establishing conditions for their acceptance and criteria for such projects; authorizes the attorney general to review and approve the settlement or administrative order.

Summary

Bill S01348 amends the environmental conservation law to allow for environmental benefit projects to be undertaken in lieu of civil penalties for violations of environmental standards. The bill establishes specific criteria and conditions under which such projects can be accepted, ensuring that they provide a discernible environmental benefit beyond mere compliance. It also outlines the responsibilities of violators, including the requirement to correct violations and undertake projects that enhance environmental conditions.

Impact

The bill impacts state laws by providing a structured framework for addressing environmental violations through alternative compliance mechanisms. It allows violators to engage in projects that benefit the environment rather than solely paying fines, which could lead to more proactive environmental stewardship. The bill also mandates that any settlement involving an environmental benefit project must include a payable penalty component, thus ensuring that the deterrent effect of penalties is maintained.

Sentiment

The sentiment around Bill S01348 appears to be cautiously optimistic, as it seeks to balance the need for accountability in environmental compliance with the opportunity for violators to contribute positively to the environment. However, there may be concerns regarding the effectiveness of such projects and whether they adequately compensate for the violations committed.

Contention

Notable points of contention include the potential for abuse of the environmental benefit project provisions, particularly if violators are allowed to undertake projects that do not significantly enhance environmental conditions. Critics may argue that this could undermine the seriousness of environmental laws, while supporters contend that it encourages violators to take meaningful actions towards environmental restoration.

Companion Bills

NY A01104

Same As Makes provisions regarding environmental benefit projects in lieu of civil penalties including establishing conditions for their acceptance and criteria for such projects; authorizes the attorney general to review and approve the settlement or administrative order.

Previously Filed As

NY S00734

Makes provisions regarding environmental benefit projects in lieu of civil penalties including establishing conditions for their acceptance and criteria for such projects; authorizes the attorney general to review and approve the settlement or administrative order.

NY A01104

Makes provisions regarding environmental benefit projects in lieu of civil penalties including establishing conditions for their acceptance and criteria for such projects; authorizes the attorney general to review and approve the settlement or administrative order.

NY SB1322

Providing for solar-ready projects involving a warehouse or distribution center; authorizing tax exemptions and special tax provisions; imposing duties on the Department of Environmental Protection; and imposing penalties.

NY HB1260

Providing for solar-ready projects involving a warehouse or distribution center; authorizing tax exemptions and special tax provisions; imposing duties on the Department of Environmental Protection; and imposing penalties.

NY HB2515

Providing for commercial data center transparency regarding energy use, water use and noise pollution; imposing duties on the Department of Environmental Protection, the Department of Transportation and the Office of Attorney General; and imposing civil penalties.

NY HB2416

Allowing increased civil administrative penalties to be promulgated by legislative rules of by the Department of Environmental Protection

NY HB1187

Further providing for powers and duties of the Department of Environmental Protection and for civil penalties.

NY SB685

Further providing for powers and duties of the Department of Environmental Protection and for civil penalties.

NY HB622

Generally revise protection order laws

NY A3630

Authorizes performance of supplemental environmental project to replace portion of monetary penalties for environmental violations in certain circumstances.

Similar Bills

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IL SB1686

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PA SB682

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MA H1072

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