Bill > S01348

This bill establishes a comprehensive framework for environmental benefit projects (EBPs) that can be used in lieu of full civil penalties when environmental violations occur. The bill defines key terms like "economic benefit of noncompliance" and sets strict conditions for when such projects can be accepted, including that the violator must not have a history of repeated violations, the violation was not intentional, and did not pose a serious threat to public health. The projects must provide environmental benefits beyond basic compliance, cannot be actions already required by law, and must be located near the site of the violation. The bill outlines specific types of acceptable projects, such as environmental restoration, pollution prevention, risk reduction, and environmental education, while also excluding certain types of projects like university research contributions or public education initiatives. Settlements involving EBPs must include a payable penalty component that recovers the economic benefit of noncompliance and a portion of the penalty's gravity component. The bill also requires public notice of proposed settlements, attorney general review and approval, and mandates that the respondent acknowledge the project was part of an enforcement action. The goal is to create a structured approach that encourages environmental compliance while providing meaningful environmental improvements.

Agriculture and Natural Resources

https://www.nysenate.gov/legislation/bills/2025/S1348