Relates to the general civil penalty of the environmental conservation law

• Democratic18

◆ The sponsor's argument

Why Michael Gianaris says this is needed

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.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.