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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S04033 Summary: BILL NO S04033C &nbsp SAME AS SAME AS A03026-B

&nbsp SPONSOR HARCKHAM &nbsp COSPNSR STAVISKY &nbsp MLTSPNSR &nbsp Amd En Con L, generally; amd §83, St Fin L &nbsp Provides for the disposition of certain fines and penalties; directs such fines to a conservation enforcement account in the state conservation fund.

Go to top S04033 Text:

STATE OF NEW YORK ________________________________________________________________________

4033--C Cal. No. 464

2025-2026 Regular Sessions

IN SENATE

January 31, 2025 ___________

Introduced by Sens. HARCKHAM, STAVISKY -- read twice and ordered print- ed, and when printed to be committed to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee and committed to the Committee on Finance -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- recommitted to the Committee on Environmental Conservation in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee and committed to the Committee on Finance -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading

AN ACT to amend the environmental conservation law and the state finance law, in relation to the disposition of certain fees and penalties

The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:

1 Section 1. Subdivisions 1 and 2 of section 71-0211 of the environ- 2 mental conservation law, subdivision 1 as amended by chapter 60 of the 3 laws of 1993, subdivision 2 as amended by chapter 460 of the laws of 4 1991, are amended to read as follows: 5 1. Notwithstanding any other provisions of law to the contrary, all 6 fines and penalties collected pursuant to title nineteen of this arti- 7 cle, except amounts required to be paid into the conservation fund 8 pursuant to subdivision two of section 71-1929 of such title; title 9 twenty-one of this article; title twenty-seven of this article, except 10 amounts required to be paid into the hazardous waste remedial fund 11 pursuant to subdivision two of section 71-2725 of such title; and title 12 forty-one of this article shall be paid into the [ general fund to the 13 credit of the state purposes account ] conservation fund to the credit of

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00125-11-6

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1 the conservation enforcement account established pursuant to subdivision 2 (k) of section eighty-three of the state finance law . 3 2. Unless otherwise provided in this chapter, not later than the tenth 4 day of each month, all fines, penalties and forfeitures collected for 5 violations of this chapter or rules, regulations, local laws or ordi- 6 nances adopted thereunder under judgment of any town or village court, 7 shall be paid over by such court to the comptroller of the state, with a 8 statement accompanying the same, setting forth the action or proceeding 9 in which such moneys were collected, the name and residence of the 10 defendant, the nature of the offense, and the fines and penalty imposed. 11 The comptroller shall pay these funds into the [ general fund of the 12 state ] conservation fund to the credit of the conservation enforcement 13 account established pursuant to subdivision (k) of section eighty-three 14 of the state finance law . 15 § 2. Section 83 of the state finance law is amended by adding a new 16 subdivision (k) to read as follows: 17 (k) All moneys, revenue, and interest thereon received and collected 18 pursuant to titles nineteen, twenty-one and twenty-seven of article 19 seventy-one of the environmental conservation law, and pursuant to 20 section 71-0211 of the environmental conservation law, other than those 21 amounts prescribed by law to be directed into other funds, shall be 22 deposited in a special account within the conservation fund to be known 23 as the conservation enforcement account. All of such moneys, revenues 24 and interest shall be available to the department of environmental 25 conservation, pursuant to appropriation, exclusively for funding the 26 enforcement of the environmental conservation law, including funding for 27 scientists, environmental law enforcement officers, attorneys, adminis- 28 trative support, and such other expenses the commissioner deems neces- 29 sary for such enforcement. Such money shall be used to supplement and 30 not supplant funding for the enforcement of the environmental conserva- 31 tion law as of the effective date of this subdivision. The department 32 shall annually submit to the temporary president of the senate, the 33 speaker of the assembly, the minority leader of the senate, and the 34 minority leader of the assembly, following one year after the effective 35 date of this subdivision, an annual expenditure report of the conserva- 36 tion fund. 37 § 3. Subdivision 1 of section 71-0213 of the environmental conserva- 38 tion law, as added by section 1 of part DDD of chapter 59 of the laws of 39 2009, is amended to read as follows: 40 1. Whenever proceedings result in a conviction for an offense under 41 this chapter there shall be levied, in addition to any sentence required 42 or permitted by law, the following mandatory surcharges: (a) in the 43 amount of twenty-five dollars for violations of sportfishing regulations 44 set forth in 6 NYCRR 10; (b) in the amount of [ seventy-five dollars ] one 45 hundred twelve dollars and fifty cents for all other offenses under this 46 chapter provided, however, that convictions for offenses under articles 47 seventeen, nineteen or twenty-seven of this chapter shall be subject to 48 a mandatory surcharge equal to the greater of [ seventy-five dollars ] one 49 hundred twelve dollars and fifty cents or [ six ] nine percent of any 50 penalty or fine imposed. The mandatory surcharge shall be paid to the 51 clerk of the court who shall remit such mandatory surcharge to the state 52 comptroller provided, however, that in cases where the conviction was 53 rendered by a town or a village justice court, the clerk of such court 54 shall pay twenty-five dollars of such surcharge to the chief fiscal 55 officer of the town or village in the case of surcharges resulting from 56 paragraph (b) of this subdivision and ten dollars in the case of

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1 surcharges resulting from paragraph (a) of this subdivision and shall 2 pay the remaining amounts of such mandatory surcharges to the state 3 comptroller in the same manner as provided in section 71-0211 of this 4 article. The comptroller shall pay such monies into the state treasury 5 to the [ credit of the general fund ] conservation fund to the credit of 6 the conservation enforcement account established pursuant to subdivision 7 (k) of section eighty-three of the state finance law . 8 § 4. Section 71-0301 of the environmental conservation law, as amended 9 by chapter 400 of the laws of 1973, is amended to read as follows: 10 § 71-0301. Summary abatement. 11 Notwithstanding any inconsistent provisions of law, whenever the 12 commissioner finds, after investigation, that any person is causing, 13 engaging in or maintaining a condition or activity which, in [ his ] the 14 judgment of the commissioner , presents an imminent danger to the health 15 or welfare of the people of the state or results in or is likely to 16 result in irreversible or irreparable damage to natural resources, and 17 relates to the prevention and abatement powers of the commissioner and 18 it therefore appears to be prejudicial to the interests of the people of 19 the state to delay action until an opportunity for a hearing can be 20 provided, the commissioner may, without prior hearing, order such person 21 by notice, in writing wherever practicable or in such other form as in 22 the commissioner's judgment will reasonably notify such person whose 23 practices are intended to be proscribed, to discontinue, abate or alle- 24 viate such condition or activity, and thereupon such person shall imme- 25 diately discontinue, abate or alleviate such condition or activity. As 26 promptly as possible thereafter, not to exceed fifteen days, the commis- 27 sioner shall provide the person an opportunity to be heard and to pres- 28 ent proof that such condition or activity does not violate the 29 provisions of this section. The commissioner shall adopt any other 30 appropriate rules and regulations prescribing the procedure to be 31 followed in the issuance of such orders. Any person who violates any of 32 the provisions of, or who fails to perform any duty imposed by this 33 section, or any rule, regulation or order promulgated by the commission- 34 er hereunder, shall be liable to a civil penalty of not more than [ twen- 35 ty-five hundred ] three thousand seven hundred fifty dollars for each 36 such violation and an additional penalty of not more than [ five ] seven 37 hundred fifty dollars for each day during which such violation contin- 38 ues, and, in addition thereto, such person may be enjoined from continu- 39 ing such violation. Penalties and injunctive relief provided herein 40 shall be recoverable in an action brought by the attorney general at the 41 request and in the name of the commissioner. 42 § 5. Subdivisions 3 and 4 of section 71-0507 of the environmental 43 conservation law, subdivision 3 as amended by chapter 400 of the laws of 44 1973, are amended to read as follows: 45 3. Moneys received by a town justice or a village justice in any 46 action for a penalty brought under the provisions of this chapter listed 47 in section 71-0501 of titles 5 through 15 inclusive and title 33 or upon 48 the settlement or compromise thereof, or a fine for a violation of the 49 provisions of this chapter listed in section 71-0501 and titles 5 50 through 15 inclusive and title 33 of this article shall be paid to the 51 State Comptroller as provided in section 27 of the Town Law and section 52 4-410 of the village law. From the moneys so received, the State Comp- 53 troller shall pay all lawful fees for services rendered in such actions 54 when instituted by order of the department or upon information of a 55 conservation officer, regional and assistant regional conservation offi- 56 cer, special game protector, district ranger, forest ranger, or member

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1 of the state police. The balance of such moneys arising from penalties 2 under [ articles ] article 11 or 13 [ or title 9 ] of this [ article ] chapter 3 or upon the settlement or compromise thereof or from fines for 4 violations of any of the provisions of [ articles ] article 11 or 13 [ or 5 title 9 ] of this [ article ] chapter after the payment of lawful fees 6 shall be credited by the Comptroller to the conservation fund. The Comp- 7 troller shall adjust and settle [ his ] their account with the conserva- 8 tion fund in the manner provided by section 99-a of the State Finance 9 Law. The balance of all other such moneys after payment of lawful fees 10 shall be credited by the Comptroller to the [ general fund ] conservation 11 fund to the credit of the conservation enforcement account established 12 pursuant to subdivision (k) of section eighty-three of the state finance 13 law . 14 4. All moneys received by any other person or court in an action for a 15 penalty brought under the provisions of this chapter listed in section 16 71-0501 and titles 5 through 15 inclusive and title 33 of this article 17 or upon the settlement or compromise thereof, or a fine for a violation 18 of the provisions of this chapter listed in section 71-0501 and titles 5 19 through 15 inclusive and title 33 of this article, shall be paid by such 20 person or court to the department within thirty days after receipt ther- 21 eof. The department shall pay the expenses of collection and the lawful 22 fees of magistrates and constables for services performed in criminal 23 actions brought upon information of a conservation officer, regional and 24 assistant regional conservation officer, special game protector, 25 district ranger, forest ranger, or member of the state police. Such 26 moneys derived from fines or penalties for violations of [ articles ] 27 article 11 or 13 [ or title 9 ] of this [ article ] chapter or from the 28 settlement or compromise thereof shall be paid by the department to the 29 Commissioner of Taxation and Finance and credited to the conservation 30 fund. All other moneys so received by the department shall be paid to 31 the Commissioner of Taxation and Finance and credited to the [ general 32 fund ] conservation fund to the credit of the conservation enforcement 33 account established pursuant to subdivision (k) of section eighty-three 34 of the state finance law . 35 § 6. Section 71-0707 of the environmental conservation law is amended 36 to read as follows: 37 § 71-0707. Resisting or obstructing departmental agent or employee. 38 Any person who resists or obstructs an authorized agent or employee of 39 the department while [ he ] such agent or employee is engaged in carrying 40 out any provision of section 9-0305 shall be guilty of a violation which 41 shall be punishable by a fine not exceeding one hundred fifty dollars 42 and by an additional fine [ of ] not exceeding [ twenty-five ] thirty-seven 43 dollars and fifty cents for each additional day of such resistance or 44 obstruction. 45 § 7. Section 71-0709 of the environmental conservation law, as amended 46 by chapter 640 of the laws of 1977, is amended to read as follows: 47 § 71-0709. Injury to state lands. 48 Any person who intentionally or negligently causes a fire which burns 49 on or over state lands shall be liable to the state for treble damages 50 and, in addition, to a civil penalty of [ ten ] fifteen dollars for every 51 tree killed or destroyed by such fire. Damages to state lands and timber 52 shall be ascertained and determined at the same rate of value as if such 53 property were privately owned. 54 § 8. Section 71-0711 of the environmental conservation law, as amended 55 by chapter 640 of the laws of 1977, is amended to read as follows: 56 § 71-0711. Injury to municipal or private lands.

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1 Any person who causes a fire which burns on or over lands belonging to 2 another person or to a municipality shall be liable to the party injured 3 (a) for actual damages in case of fire negligently caused or (b) for the 4 higher of actual damages or damages at the rate of [ five ] seven dollars 5 and fifty cents for each tree killed or destroyed in case of fire 6 wilfully caused. 7 § 9. Section 71-1107 of the environmental conservation law, as amended 8 by chapter 640 of the laws of 1977, is amended to read as follows: 9 § 71-1107. Punishment for violations of title 5 of article 15. 10 1. A violation of section 15-0501, 15-0503 or 15-0505, shall consti- 11 tute a misdemeanor, punishable by a fine of not to exceed [ ten ] fifteen 12 thousand dollars, or by imprisonment not to exceed one year or by both 13 such fine and imprisonment and, in addition thereto, by a civil penalty 14 of not more than [ five thousand ] seven thousand five hundred dollars. 15 2. A subcontractor, employee or agent of such person or public corpo- 16 ration, or of a state department who knowingly and intentionally acts, 17 or a prime contractor of such person, public corporation or state 18 department who acts with or without an intention to violate the 19 provisions of title 5 of article 15, in disregard of specifications 20 provided in a construction contract protecting against stream damage, 21 shall be guilty of a violation punishable by a fine of not less than 22 [ twenty-five ] thirty-seven dollars and fifty cents , nor more than [ two 23 hundred fifty ] three hundred seventy-five dollars, or by imprisonment 24 for not more than fifteen days, or by both such fine and imprisonment, 25 and, in addition, thereto, by a civil penalty of not more than [ five 26 thousand ] seven thousand five hundred dollars. 27 § 10. Section 71-1109 of the environmental conservation law, as 28 amended by chapter 364 of the laws of 1999, is amended to read as 29 follows: 30 § 71-1109. Enforcement of subdivisions 1 and 4 of section 15-0507. 31 1. Any owner violating subdivision 1 of section 15-0507 or any regu- 32 lations promulgated pursuant thereto may be liable for a penalty not to 33 exceed [ five ] seven hundred fifty dollars for each and every offense; 34 every violation of such subdivision shall be a separate and distinct 35 offense; and in case of a continuing violation, every day's continuance 36 thereof shall be deemed a separate and distinct offense. 37 2. Any owner violating subdivision 4 of section 15-0507 may be liable 38 for a penalty not to exceed [ five thousand ] seven thousand five hundred 39 dollars for each and every offense; every violation of an order referred 40 to in such subdivision shall be a separate and distinct offense; and in 41 case of a continuing violation, every day's continuance thereof shall be 42 deemed a separate and distinct offense. 43 § 11. Section 71-1111 of the environmental conservation law, as 44 amended by chapter 364 of the laws of 1999, is amended to read as 45 follows: 46 § 71-1111. Enforcement of subdivision 3 of section 15-0511. 47 Any person or local public corporation violating subdivision 3 of 48 section 15-0511 may be liable for a penalty not to exceed [ five thou- 49 sand ] seven thousand five hundred dollars for each and every offense; 50 every violation of an order referred to in such subdivision shall be a 51 separate and distinct offense; and in case of a continuing violation, 52 every day's continuance thereof shall be deemed a separate and distinct 53 offense. 54 § 12. Subdivision 2 of section 71-1113 of the environmental conserva- 55 tion law, as added by chapter 356 of the laws of 1985, is amended to 56 read as follows:

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1 2. Any person who violates the provisions of section 15-1506 of this 2 chapter or the rules, regulations, orders or determinations of the 3 commissioner promulgated thereto or the terms of any permit issued ther- 4 eunder, shall be liable for a civil penalty not less than [ twenty-five ] 5 three thousand seven hundred fifty dollars nor more than [ ten ] fifteen 6 thousand dollars per day of such violation. 7 § 13. Section 71-1115 of the environmental conservation law, as 8 amended by chapter 640 of the laws of 1977, is amended to read as 9 follows: 10 § 71-1115. Enforcement of section 15-1525. 11 Any person violating the provisions of section 15-1525 shall be guilty 12 of a violation punishable by a fine of not more than one thousand five 13 hundred dollars, and in addition thereto, shall be liable for a civil 14 penalty of not more than [ fifteen hundred ] two thousand two hundred 15 fifty dollars. 16 § 14. Subdivisions 1 and 2 of section 71-1117 of the environmental 17 conservation law, as amended by chapter 640 of the laws of 1977, are 18 amended to read as follows: 19 1. Any person or public corporation violating subdivision 1 of section 20 15-1745, shall be guilty of a violation punishable by a fine of not more 21 than [ five thousand ] seven thousand five hundred dollars. 22 2. In addition, the department may, in an action instituted by it in 23 any court of competent jurisdiction, recover from any such person or 24 public corporation the sum of [ one hundred fifty ] two hundred twenty- 25 five dollars per day for each day that such person or public corporation 26 continues to take, draw, divert or make use of any part or portion of 27 such waters. 28 § 15. Section 71-1121 of the environmental conservation law, as 29 amended by chapter 640 of the laws of 1977, is amended to read as 30 follows: 31 § 71-1121. Enforcement of subdivision 2 of section 15-1947. 32 Violation of subdivision 2 of section 15-1947 shall constitute a 33 violation, punishable by a fine of not more than one thousand five 34 hundred dollars, and in addition thereto, a civil penalty of not more 35 than [ fifteen hundred ] two thousand two hundred fifty dollars. 36 § 16. Section 71-1123 of the environmental conservation law, as 37 amended by chapter 640 of the laws of 1977, is amended to read as 38 follows: 39 § 71-1123. Enforcement of section 15-2133. 40 1. Any neglect of the provisions of section 15-2133 by any officer or 41 person in charge of any reservoir shall be a violation punishable by a 42 fine of not more than one thousand five hundred dollars, and in addition 43 thereto, by a civil penalty of not more than [ fifteen hundred ] two thou- 44 sand two hundred fifty dollars. 45 2. Any person violating the provisions of subdivision 3 of section 46 15-2133 shall be guilty of a violation punishable by a fine of not more 47 than one thousand five hundred dollars, and in addition thereto, shall 48 be liable for a civil penalty of not more than [ fifteen hundred ] two 49 thousand two hundred fifty dollars. 50 § 17. Section 71-1125 of the environmental conservation law, as 51 amended by chapter 640 of the laws of 1977, is amended to read as 52 follows: 53 § 71-1125. Enforcement of section 15-2315. 54 Any person who violates the provisions of the first sentence of 55 section 15-2315 shall be guilty of a violation punishable by a fine of 56 not more than one thousand five hundred dollars, and in addition there-

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1 to, shall be liable for a civil penalty of not more than [ fifteen 2 hundred ] two thousand two hundred fifty dollars. 3 § 18. Subdivision 1 of section 71-1127 of the environmental conserva- 4 tion law, as amended by chapter 401 of the laws of 2011, is amended to 5 read as follows: 6 1. Any person who violates any of the provisions of, or who fails to 7 perform any duty imposed by article 15 except section 15-1713, or who 8 violates or who fails to comply with any rule, regulation, determination 9 or order of the department heretofore or hereafter promulgated pursuant 10 to article 15 except section 15-1713, or any condition of a permit 11 issued pursuant to article 15 of this chapter, or any determination or 12 order of the former water resources commission or the department hereto- 13 fore promulgated pursuant to former article 5 of the Conservation Law, 14 shall be liable for a civil penalty of not more than [ two thousand five ] 15 three thousand seven hundred fifty dollars for such violation and an 16 additional civil penalty of not more than [ five ] seven hundred fifty 17 dollars for each day during which such violation continues, and, in 18 addition thereto, such person may be enjoined from continuing such 19 violation as otherwise provided in article 15 except section 15-1713. 20 § 19. Section 71-1131 of the environmental conservation law, as added 21 by chapter 640 of the laws of 1977, is amended to read as follows: 22 § 71-1131. Violations; criminal liability. 23 Except as otherwise specifically provided, any person who violates any 24 of the provisions of article 15 of this chapter, or any rule, regulation 25 or order promulgated pursuant thereto, or the terms of any permit issued 26 thereunder shall be guilty of a violation punishable by a fine of not 27 more than [ five ] seven hundred fifty dollars. 28 § 20. Section 71-1203 of the environmental conservation law, as added 29 by chapter 384 of the laws of 1983, is amended to read as follows: 30 § 71-1203. Penalties. 31 Any person who violates the provisions of article twenty-two of this 32 chapter shall be subject to a civil penalty not to exceed [ ten ] fifteen 33 thousand dollars for each day during which such violation occurred; 34 provided, however, that the total penalty to be imposed shall not exceed 35 one million five hundred thousand dollars. 36 § 21. Subdivision 1 of section 71-1707 of the environmental conserva- 37 tion law is amended to read as follows: 38 1. Any person who violates, disobeys or disregards any term or 39 provision of this chapter listed in section 71-1701, or of titles 17 40 through 21 inclusive of this article or of any lawful notice, order or 41 regulation pursuant thereto for which a civil penalty is not otherwise 42 expressly prescribed by law, shall be liable to the people of the state 43 for a civil penalty of not to exceed one thousand five hundred dollars 44 for every such violation. 45 § 22. Section 71-1711 of the environmental conservation law is amended 46 to read as follows: 47 § 71-1711. Willful violation of health laws. 48 1. A person who willfully violates or refuses or omits to comply with 49 any lawful order or regulation prescribed by any local board of health 50 or local health officer, is guilty of a misdemeanor; except, however, 51 that where such order or regulation applies to a tenant with respect to 52 [ his ] such tenant's own dwelling unit or to an owner occupied one or two 53 family dwelling, such person is guilty of an offense for the first 54 violation punishable by a fine not to exceed [ fifty ] seventy-five 55 dollars and for a second or subsequent violation is guilty of a misde- 56 meanor punishable by a fine not to exceed [ five ] seven hundred fifty

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1 dollars or by imprisonment not to exceed six months or by both such fine 2 and imprisonment. 3 2. A person who willfully violates any provision of this chapter list- 4 ed in section 71-1701, or of titles 17 through 21 inclusive of this 5 article, or any regulation lawfully made or established by any public 6 officer or board under authority of such provisions, the punishment for 7 violating which is not otherwise prescribed by such provisions or any 8 other law, is punishable by imprisonment not exceeding one year, or by a 9 fine not exceeding [ two ] three thousand dollars or by both. 10 § 23. Section 71-1725 of the environmental conservation law, as 11 amended by chapter 400 of the laws of 1973, is amended to read as 12 follows: 13 § 71-1725. Assessment of Penalties. 14 The commissioner may assess any penalty prescribed for a violation of 15 or a failure to comply with any provision contained in this title or 16 listed in section 71-1701, or any lawful notice, order or regulation 17 prescribed by the commissioner under any such provision, one thousand 18 five hundred dollars for every such violation or failure, which penalty 19 may be assessed after a hearing or an opportunity to be heard. 20 § 24. Section 71-1905 of the environmental conservation law is amended 21 to read as follows: 22 § 71-1905. Enforcement of section 17-1705. 23 Any person violating any provision of section 17-1705 shall forfeit to 24 the county where the violation occurred the sum of [ fifty ] seventy-five 25 dollars for every such violation. 26 § 25. Subdivision 1 of section 71-1907 of the environmental conserva- 27 tion law is amended to read as follows: 28 1. Every person violating any provision of section 17-1707 shall 29 forfeit to the municipality having a local board of health where the 30 violation occurs the sum of [ twenty-five ] thirty-seven dollars and fifty 31 cents for the first day when the violation takes place, and the sum of 32 [ ten ] fifteen dollars for every subsequent day that such violation is 33 repeated or continued. 34 § 26. Subdivision 2 of section 71-1909 of the environmental conserva- 35 tion law, as amended by section 35 of part C of chapter 62 of the laws 36 of 2003, is amended to read as follows: 37 2. Any person violating any provision of section 17-1709 shall be 38 guilty of a misdemeanor, and punishable by a fine of not more than 39 [ seven hundred fifty ] one thousand one hundred twenty-five dollars or by 40 imprisonment for not more than one year or by both such fine and impri- 41 sonment. 42 § 27. Section 71-1911 of the environmental conservation law, as 43 amended by section 36 of part C of chapter 62 of the laws of 2003, is 44 amended to read as follows: 45 § 71-1911. Enforcement of section 17-1711. 46 Any person violating any provision of section 17-1711 shall be guilty 47 of an offense, and punishable by a fine of not more than [ seventy-five ] 48 one hundred twelve dollars and fifty cents . 49 § 28. Subdivision 2 of section 71-1913 of the environmental conserva- 50 tion law is amended to read as follows: 51 2. Any person violating any provision of section 17-1713 shall be 52 guilty of a misdemeanor, and punishable by a fine of not more than 53 [ five ] seven hundred fifty dollars or by imprisonment for not more than 54 one year or by both such fine and imprisonment. 55 § 29. Subdivision 1 of section 71-1915 of the environmental conserva- 56 tion law is amended to read as follows:

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1 1. Any person violating any provision of section 17-1715 shall be 2 guilty of a misdemeanor, and punishable by a fine of not more than 3 [ five ] seven hundred fifty dollars or by imprisonment for not more than 4 one year or by both such fine and imprisonment. 5 § 30. Subdivision 1 of section 71-1921 of the environmental conserva- 6 tion law is amended to read as follows: 7 1. Any person putting in or constructing or maintaining a conduit, 8 discharge pipe or other means of discharging or casting any refuse or 9 waste matter in violation of section 17-1729 shall forfeit to the people 10 of the state [ five ] seven dollars and fifty cents a day for each day the 11 same is used or maintained for such purpose, to be collected in an 12 action brought by the commissioner. 13 § 31. Subdivision 1 of section 71-1929 of the environmental conserva- 14 tion law, as amended by section 37 of part C of chapter 62 of the laws 15 of 2003, is amended to read as follows: 16 1. A person who violates any of the provisions of, or who fails to 17 perform any duty imposed by titles 1 through 11 inclusive and title 19 18 of article 17, or the rules, regulations, orders or determinations of 19 the commissioner promulgated thereto or the terms of any permit issued 20 thereunder, shall be liable to a penalty of not to exceed [ thirty-seven 21 thousand five hundred ] fifty-six thousand two hundred fifty dollars per 22 day for each violation, and, in addition thereto, such person may be 23 enjoined from continuing such violation as hereinafter provided. 24 Violation of a permit condition shall constitute grounds for revocation 25 of such permit, which revocation may be accomplished either as provided 26 in paragraph f of subdivision 4 of section 17-0303 or by order of judg- 27 ment of the supreme court as an alternate or additional civil penalty in 28 an action brought pursuant to subdivision 3 of this section. 29 § 32. Subdivision 1 and subparagraphs i, ii, iii and iv of paragraph b 30 of subdivision 8 of section 71-1933 of the environmental conservation 31 law, subdivision 1 as amended by section 38 and subparagraphs i, ii, iii 32 and iv of paragraph b of subdivision 8 as amended by section 39 of part 33 C of chapter 62 of the laws of 2003, are amended to read as follows: 34 1. Any person who, having any of the culpable mental states defined in 35 section 15.05 of the penal law, shall violate any of the provisions of 36 titles 1 through 5, 9 through 11 and 19 of article 17 or the rules, 37 regulations, orders or determinations of the commissioner promulgated 38 thereto, or the terms of any permit issued thereunder, shall be guilty 39 of a misdemeanor and, upon conviction thereof, shall be punished by a 40 fine of not less than [ three thousand seven hundred fifty ] five thousand 41 six hundred twenty-five dollars nor more than [ thirty-seven thousand 42 five hundred ] fifty-six thousand two hundred fifty dollars per day of 43 violation or by imprisonment for a term of not more than one year, or by 44 both such fine and imprisonment. If the conviction is for an offense 45 committed after a first conviction of such person under this subdivi- 46 sion, punishment shall be by a fine of not more than [ seventy-five thou- 47 sand ] one hundred twelve thousand five hundred dollars per day of 48 violation, or by imprisonment for not more than two years, or by both. 49 i. [ $750,000 ] $1,125,000 for a class C felony committed by an organ- 50 ization as defined in section 71-1932 of this title; 51 ii. [ $375,000 ] $562,500 for a class C felony; 52 iii. [ $75,000 ] $112,500 per day of continuing violation for a class E 53 felony defined under subdivision four of this section but in no event 54 less than [ $7,500 ] $11,250 ; and [ $15,000 ] $22,500 for a class E felony 55 defined under subdivision seven of this section;

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1 iv. [ $37,500 ] $56,250 per day of continuing violation for a class A 2 misdemeanor but in no event less than [ $3,750 ] $5,625 . 3 § 33. Paragraph b of subdivision 3 of section 71-1939 of the environ- 4 mental conservation law, as added by chapter 543 of the laws of 2010, is 5 amended to read as follows: 6 b. All fines and penalties collected pursuant to this subdivision 7 shall be paid to the district or county, provided, however, that one- 8 quarter of such fines and penalties received shall be paid to the 9 [ general fund to the credit of the state purposes account ] conservation 10 fund to the credit of the conservation enforcement account established 11 pursuant to subdivision (k) of section eighty-three of the state finance 12 law . 13 § 34. Subdivision 1 of section 71-1941 of the environmental conserva- 14 tion law, as amended by section 40 of part C of chapter 62 of the laws 15 of 2003, is amended to read as follows: 16 1. Except where the owner of or a person in actual or constructive 17 possession or control of more than one thousand one hundred gallons, in 18 bulk, of any liquid including petroleum which, if released, would or 19 would be likely to pollute the lands or waters of the state including 20 the groundwaters thereof can prove that the entry or presence of any 21 part of such liquid onto such lands or into or in such waters causing or 22 contributing to a condition therein in contravention of the standards 23 adopted or deemed adopted by the water pollution control board or any of 24 its legal successors was caused solely by (A) an act of God, (B) an act 25 of war, (C) negligence on the part of the United States or New York 26 State Government or (D) an act or omission of a third party without 27 regard to whether any such act or omission was or was not negligent, or 28 any combination of the foregoing clauses, such owner or person shall be 29 liable for a penalty of not more than [ three thousand seven hundred 30 fifty ] five thousand six hundred twenty-five dollars for an initial 31 incident resulting in or contributing to such a contravention and for an 32 additional penalty not to exceed [ seven hundred fifty ] one thousand one 33 hundred twenty-five dollars for each day during which such contravention 34 or contribution thereto continues, and in addition shall be liable to 35 the people of the state of New York for the actual costs incurred by or 36 on behalf of the people of the state for the removal or neutralization 37 of such liquid and for any and all reasonable measures taken or 38 attempted to reduce, limit or diminish the extent or effect of such 39 contravention. 40 § 35. Section 71-1943 of the environmental conservation law, as 41 amended by section 41 of part C of chapter 62 of the laws of 2003, is 42 amended to read as follows: 43 § 71-1943. Enforcement of section 17-1743. 44 Any person who fails to so notify the department of such release, 45 discharge or spill into the waters of the state as described in section 46 17-1743 of this chapter shall, upon conviction, be fined not more than 47 [ three thousand seven hundred fifty ] five thousand six hundred twenty- 48 five dollars or imprisoned for not more than one year, or both. 49 § 36. Section 71-2111 of the environmental conservation law, as added 50 by chapter 400 of the laws of 1973, is amended to read as follows: 51 § 71-2111. Enforcement of air pollution emergency rules and regulations. 52 Any person who violates any of the provisions of any regulation 53 promulgated by the commissioner under authority of paragraph y of subdi- 54 vision one of section 3-0301 shall be liable for a civil penalty of not 55 more than [ twenty-five ] three thousand seven hundred fifty dollars for 56 each such violation and an additional penalty of not more than [ five ]

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1 seven hundred fifty dollars for each day during which such violation 2 continues, and, in addition thereto, such persons may be enjoined from 3 continuing such violation. Penalties and injunctive relief provided 4 herein shall be recoverable in an action brought by the attorney general 5 at the request and in the name of the commissioner. 6 § 37. Section 71-2113 of the environmental conservation law, as added 7 by chapter 942 of the laws of 1984, subdivision 1 as amended by section 8 23 and subdivision 2 as amended by section 24 of part C of chapter 62 of 9 the laws of 2003, is amended to read as follows: 10 § 71-2113. Violations of section 19-0304 of article 19 of this chapter. 11 1. Civil and administrative sanctions. Any person who violates any of 12 the provisions of, or who fails to perform any duty imposed by section 13 19-0304 of this chapter, or any rule or regulation promulgated pursuant 14 thereto, or any term or condition of any certificate or permit issued 15 pursuant thereto, or any final determination or order of the commission- 16 er made pursuant to article 19 of this chapter concerning a violation of 17 section 19-0304 of this chapter shall be liable in the case of a first 18 violation, for a civil penalty not to exceed [ thirty-seven thousand five 19 hundred ] fifty-six thousand two hundred fifty dollars and an additional 20 penalty of not more than [ thirty-seven thousand five hundred ] fifty-six 21 thousand two hundred fifty dollars for each day during which such 22 violation continues, to be assessed by the commissioner after an oppor- 23 tunity to be heard pursuant to the provisions of section 71-1709 of this 24 article, or by the court in any action or proceeding pursuant to section 25 71-2107 of this title, and, in addition thereto, such person may by 26 similar process be enjoined from continuing such violation and any 27 permit or certificate issued to such person may be revoked or suspended 28 or a pending renewal application denied. In the case of a second and any 29 further violation, the liability shall be for a civil penalty not to 30 exceed [ seventy-five ] one hundred twelve thousand five hundred dollars 31 for each such violation and an additional penalty not to exceed seven- 32 ty-five thousand dollars for each day during which such violation 33 continues. 34 2. Criminal sanctions. Any person who, having any of the culpable 35 mental states defined in section 15.05 of the penal law, shall violate 36 any of the provisions of or who fails to perform any duty imposed by 37 section 19-0304 of this chapter, or any rules and regulations promulgat- 38 ed pursuant thereto, or any term or condition of any certificate or 39 permit issued pursuant thereto, or any final determination or order of 40 the commissioner made pursuant to article 19 of this chapter concerning 41 a violation of section 19-0304 of this chapter shall be guilty of a 42 misdemeanor and, upon conviction thereof, shall for a first conviction 43 be punished by a fine not to exceed [ thirty-seven thousand five hundred ] 44 fifty-six thousand two hundred fifty dollars per day of violation or by 45 imprisonment for a term of not more than one year, or both such fine and 46 imprisonment. If the conviction is for an offense committed after a 47 first conviction of such person under this subdivision, punishment shall 48 be by a fine not to exceed [ seventy-five ] one hundred twelve thousand 49 five hundred dollars per day of violation, or by imprisonment for not 50 more than two years or by both such fine and imprisonment. 51 § 38. Section 71-2201 of the environmental conservation law, as added 52 by chapter 740 of the laws of 1978, the opening paragraph and subdivi- 53 sion 1 as amended and subdivision 3 as added by chapter 901 of the laws 54 of 1983, subdivision 4 as added by chapter 294 of the laws of 1991, is 55 amended to read as follows: 56 § 71-2201. Enforcement of title 23 of article 23 of this chapter.

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1 Administrative and civil sanctions. 1. Any person who violates any of 2 the provisions of, or who fails to perform any duty imposed by title 23 3 of article 23 except the duty to accept used oil pursuant to section 4 23-2307 or any person subject to section 23-2308 or any rule or regu- 5 lation promulgated pursuant thereto, or any term or condition of any 6 certificate or permit issued pursuant thereto, or any final determi- 7 nation or order of the commissioner made pursuant to this section shall 8 be liable for a civil penalty not to exceed one thousand five hundred 9 dollars for each such violation and an additional penalty of not more 10 than [ five ] seven hundred fifty dollars for each day during which such 11 violation continues, to be assessed by the commissioner after a hearing 12 or opportunity to be heard pursuant to the provisions of section 71-1709 13 of this chapter, and, in addition thereto, such person may by similar 14 process be enjoined from continuing such violation and any permit or 15 certificate issued to such person may be revoked or suspended or a pend- 16 ing renewal application denied. 17 2. Any person who refuses to accept used oil as required pursuant to 18 subdivision two of section 23-2307 shall be liable for a civil penalty 19 not to exceed one hundred fifty dollars. 20 3. Any person who violates any provision of section 23-2308 of this 21 chapter shall be subject to a civil penalty not to exceed [ two hundred 22 fifty ] three hundred seventy-five dollars for each violation. 23 4. Notwithstanding any other provision of law, any person who shall 24 violate the provisions of paragraph [ (c) ] c of subdivision one of 25 section 23-2307 or paragraph [ (d) ] d of subdivision two of section 26 23-2307 of this chapter shall be liable for a civil penalty of not more 27 than [ five ] seven hundred fifty dollars, and an additional civil penalty 28 of not more than [ five ] seven hundred fifty dollars for each day during 29 which such violation continues, not to exceed [ ten ] fifteen thousand 30 dollars. 31 § 39. Paragraph a of subdivision 1 and subdivision 2 of section 32 71-2503 of the environmental conservation law, as amended by chapter 666 33 of the laws of 1989, are amended to read as follows: 34 a. Any person who violates, disobeys or disregards any provision of 35 article twenty-five shall be liable to the people of the state for a 36 civil penalty of not to exceed [ ten ] fifteen thousand dollars for every 37 such violation, to be assessed, after a hearing or opportunity to be 38 heard, by the commissioner. Each violation shall be a separate and 39 distinct violation and, in the case of a continuing violation, each 40 day's continuance thereof shall be deemed a separate and distinct 41 violation. The penalty may be recovered in an action brought by the 42 commissioner in any court of competent jurisdiction. Such civil penalty 43 may be released or compromised by the commissioner before the matter has 44 been referred to the attorney general; and where such matter has been 45 referred to the attorney general, any such penalty may be released or 46 compromised and any action commenced to recover the same may be settled 47 and discontinued by the attorney general with the consent of the commis- 48 sioner. 49 2. Criminal sanctions. Any person who violates any provision of arti- 50 cle twenty-five shall, in addition, for the first offense, be guilty of 51 a violation punishable by a fine of not less than [ five ] seven hundred 52 fifty nor more than [ five ] seven thousand five hundred dollars; for a 53 second and each subsequent offense such person shall be guilty of a 54 misdemeanor punishable by a fine of not less than one thousand five 55 hundred nor more than [ ten ] fifteen thousand dollars or a term of impri- 56 sonment of not less than fifteen days nor more than six months or both.

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1 In addition to or instead of these punishments, any offender shall be 2 punishable by being ordered by the court to restore the affected tidal 3 wetland or area immediately adjacent thereto to its condition prior to 4 the offense, insofar as that is possible. The court shall specify a 5 reasonable time for the completion of the restoration, which shall be 6 effected under the supervision of the commissioner. Each offense shall 7 be a separate and distinct offense and, in the case of a continuing 8 offense, each day's continuance thereof shall be deemed a separate and 9 distinct offense. 10 § 40. Section 71-2505 of the environmental conservation law, as 11 amended by chapter 249 of the laws of 1997, is amended to read as 12 follows: 13 § 71-2505. Enforcement. 14 The attorney general, on [ his ] their own initiative or at the request 15 of the commissioner, shall prosecute persons who violate article twen- 16 ty-five. In addition the attorney general, on [ his ] their own initi- 17 ative or at the request of the commissioner, shall have the right to 18 recover a civil penalty of up to [ ten ] fifteen thousand dollars for 19 every violation of any provision of such article, and to seek equitable 20 relief to restrain any violation or threatened violation of such article 21 and to require the restoration of any affected tidal wetland or area 22 immediately adjacent thereto to its condition prior to the violation, 23 insofar as that is possible, within a reasonable time and under the 24 supervision of the commissioner. In the case of a continuing violation, 25 each day's continuance thereof shall be deemed a separate and distinct 26 violation. 27 § 41. Subdivisions 1, 2 and 3 of section 71-2703 of the environmental 28 conservation law, subdivisions 1 and 2 as amended by chapter 508 of the 29 laws of 1995, paragraph a of subdivision 1 as amended by section 25, 30 subparagraphs i and ii of paragraph b of subdivision 1 as amended by 31 section 26, paragraph a and subparagraphs i and ii of paragraph b of 32 subdivision 2 as amended by section 27, subparagraphs i and ii of para- 33 graph c of subdivision 2 as amended by section 28 and subdivision 3 as 34 amended by section 29 of part C of chapter 62 of the laws of 2003, are 35 amended to read as follows: 36 1. Civil and administrative sanctions. a. Any person who violates any 37 of the provisions of, or who fails to perform any duty imposed by title 38 3 or 7 of article 27 of this chapter or any rule or regulation promul- 39 gated pursuant thereto, or any term or condition of any certificate or 40 permit issued pursuant thereto, or any final determination or order of 41 the commissioner made pursuant to this title shall be liable for a civil 42 penalty not to exceed [ seven thousand five hundred ] eleven thousand two 43 hundred fifty dollars for each such violation and an additional penalty 44 of not more than [ one thousand five hundred ] two thousand two hundred 45 fifty dollars for each day during which such violation continues, to be 46 assessed by the commissioner after an opportunity to be heard pursuant 47 to the provisions of section 71-1709 of this article, or by the court in 48 any action or proceeding pursuant to section 71-2727 of this title, and, 49 in addition thereto, such person may by similar process be enjoined from 50 continuing such violation and any permit or certificate issued to such 51 person may be revoked or suspended or a pending renewal application 52 denied. 53 b. i. Any person who violates any of the provisions of, or who fails 54 to perform any duty imposed by, title 3 or 7 of article 27 of this chap- 55 ter, or any rule or regulation promulgated pursuant thereto, or any term 56 or condition of any certificate or permit issued pursuant thereto and

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1 thereby causes the release of solid waste into the environment, shall be 2 liable for a civil penalty not to exceed [ eleven thousand two hundred 3 fifty ] sixteen thousand eight hundred seventy-five dollars for each such 4 violation and an additional penalty of not more than [ eleven thousand 5 two hundred fifty ] sixteen thousand eight hundred seventy-five dollars 6 for each day during which such violation continues, to be assessed by 7 the commissioner after an opportunity to be heard pursuant to the 8 provisions of section 71-1709 of this article, or by the court in any 9 action or proceeding pursuant to section 71-2727 of this title, and, in 10 addition thereto, such person may by similar process be enjoined from 11 continuing such violation and any permit or certificate issued to such 12 person may be revoked or suspended or a pending renewal application 13 denied. 14 ii. Any person who violates any of the provisions of, or who fails to 15 perform any duty imposed by, title 3 or 7 of article 27 of this chapter, 16 or any rule or regulation promulgated pursuant thereto, or any term or 17 condition of any certificate or permit issued pursuant thereto and 18 thereby causes the release of more than ten cubic yards of solid waste 19 into the environment, shall be liable for a civil penalty not to exceed 20 [ twenty-two thousand five hundred ] thirty-three thousand seven hundred 21 fifty dollars for each such violation and an additional penalty of not 22 more than [ twenty-two thousand five hundred ] thirty-three thousand seven 23 hundred fifty dollars for each day during which such violation contin- 24 ues, to be assessed by the commissioner after an opportunity to be heard 25 pursuant to the provisions of section 71-1709 of this article, or by the 26 court in any action or proceeding pursuant to section 71-2727 of this 27 title, and, in addition thereto, such person may by similar process be 28 enjoined from continuing such violation and any permit or certificate 29 issued to such person may be revoked or suspended or a pending renewal 30 application denied. 31 c. The court in any action or proceeding pursuant to section 71-2727 32 of this chapter may exercise all powers exercisable by the commissioner. 33 2. Criminal sanctions. a. Any person who, having any of the culpable 34 mental states defined in section 15.05 of the penal law, shall violate 35 any of the provisions of or who fails to perform any duty imposed by 36 title 3 or 7 of article 27 of this chapter, or any rules and regulations 37 promulgated pursuant thereto, or any final determination or order of the 38 commissioner made pursuant to this title shall be guilty of a violation 39 and, upon conviction thereof, shall be punished by a fine of not less 40 than [ one thousand five hundred ] two thousand two hundred fifty dollars 41 nor more than [ fifteen ] twenty-two thousand five hundred dollars per day 42 of violation or by imprisonment for not more than fifteen days or by 43 both such fine and imprisonment. 44 b. i. Any person who shall violate paragraph a of this subdivision and 45 thereby causes or attempts to cause the release of more than ten cubic 46 yards of solid waste into the environment shall be guilty of a class B 47 misdemeanor and, upon conviction thereof, shall be punished by a fine of 48 not less than [ three thousand seven hundred fifty ] five thousand six 49 hundred twenty-five dollars per day nor more than [ twenty-two thousand 50 five hundred ] thirty-three thousand seven hundred fifty dollars per day 51 of violation, or by imprisonment for a term in accordance with the penal 52 law, or by both such fine and imprisonment. 53 ii. Any person who shall violate paragraph a of this subdivision and 54 thereby causes or attempts to cause the release of more than ten cubic 55 yards of solid waste into the environment, after having been convicted 56 of a violation of this subdivision within the preceding five years,

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1 shall be guilty of a class A misdemeanor and, upon conviction thereof, 2 shall be punished by a fine of not less than [ three thousand seven 3 hundred fifty ] five thousand six hundred twenty-five dollars per day nor 4 more than [ thirty-seven thousand five hundred ] fifty-six thousand two 5 hundred fifty dollars per day of violation, or by imprisonment for a 6 term in accordance with the penal law, or by both such fine and impri- 7 sonment. 8 c. i. Any person who shall violate paragraph a of this subdivision and 9 thereby causes or attempts to cause the release of more than seventy 10 cubic yards of solid waste into the environment shall be guilty of a 11 class A misdemeanor and, upon conviction thereof, shall be punished by a 12 fine of not less than [ three thousand seven hundred fifty ] five thousand 13 six hundred twenty-five dollars per day nor more than [ thirty-seven 14 thousand five hundred ] fifty-six thousand two hundred fifty dollars per 15 day of violation, or by imprisonment for a term in accordance with the 16 penal law, or by both such fine and imprisonment. 17 ii. Any person who shall violate paragraph a of this subdivision and 18 thereby causes or attempts to cause the release of more than seventy 19 cubic yards of solid waste into the environment, after having been 20 convicted of a violation of this subdivision within the preceding five 21 years, shall be guilty of a class E felony and, upon conviction thereof, 22 shall be punished by a fine of not less than [ seven thousand five 23 hundred ] eleven thousand two hundred fifty dollars per day nor more than 24 [ seventy-five ] one hundred twelve thousand five hundred dollars per day 25 of violation, or by imprisonment for a term in accordance with the penal 26 law, or by both such fine and imprisonment. 27 3. Additional sanctions. Any person who violates any of the provisions 28 of, or who fails to perform any duty imposed by title 7 of article 27, 29 with regard to the construction and operation of facilities for the 30 disposal of construction and demolition debris or any rule or regulation 31 promulgated pursuant thereto, or any term or condition of any certif- 32 icate or permit issued pursuant thereto or any final determination or 33 order of the commissioner made pursuant to this title shall be liable 34 for a civil penalty not to exceed [ fifteen ] twenty-two thousand five 35 hundred dollars and each day of such deposition shall constitute a sepa- 36 rate violation and said civil penalty is in addition to any other fines 37 or penalties which may be applied pursuant to this title. 38 § 42. Subdivision 2 of section 71-2721 of the environmental conserva- 39 tion law, as amended by section 32 of part C of chapter 62 of the laws 40 of 2003, is amended to read as follows: 41 2. Fines. A sentence to pay a fine shall be a sentence to pay an 42 amount fixed by the court, not exceeding the higher of: 43 (a) [ Three ] Four hundred fifty thousand dollars for a class C felony; 44 (b) [ Two hundred twenty-five thousand ] Three hundred thirty-seven 45 thousand five hundred dollars for a class D felony; 46 (c) [ One hundred fifty thousand ] Two hundred twenty-two thousand five 47 hundred dollars for a class E felony; 48 (d) [ Thirty-seven thousand five hundred ] Fifty-six thousand two 49 hundred fifty dollars for a class A misdemeanor; 50 (e) [ Fifteen ] Two hundred twenty-five thousand dollars for a class B 51 misdemeanor; or 52 (f) Double the amount of the defendant's gain from the commission of 53 the crime. 54 § 43. Subdivisions 1, 2 and 5 of section 71-2722 of the environmental 55 conservation law, subdivision 1 as amended by section 33 and subdivision 56 2 as amended by section 34 of part C of chapter 62 of the laws of 2003,

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1 and subdivision 5 as added by chapter 152 of the laws of 1990, are 2 amended to read as follows: 3 1. Any person who knowingly or intentionally violates any of the 4 provisions or fails to perform any duty imposed by section 27-1701 of 5 this chapter, except the duty to accept a lead-acid battery pursuant to 6 subdivision four of such section, shall be liable for a civil penalty 7 not to exceed [ seventy-five ] one hundred twelve dollars and fifty cents 8 for each violation, provided that such civil penalty shall be in addi- 9 tion to any other penalties authorized under other state or local laws 10 governing the illegal disposal of lead-acid batteries. 11 2. Any retailer or distributor who refuses to accept a lead-acid 12 battery as required pursuant to subdivision four of section 27-1701 of 13 this chapter shall be liable for a civil penalty not to exceed [ seven 14 hundred fifty ] one thousand one hundred twenty-five dollars. 15 5. All civil penalties and fines collected for any violation of such 16 title seventeen shall be paid over to the commissioner for deposit in 17 the [ general fund ] conservation fund to the credit of the conservation 18 enforcement account established pursuant to subdivision (k) of section 19 eighty-three of the state finance law ; provided however, that all civil 20 penalties collected for any violation of such title seventeen which have 21 been imposed by the environmental control board of the city of New York, 22 or a local adjudicatory body pursuant to subdivision four of this 23 section, shall be paid into an environmental fund of such city or local- 24 ity. 25 § 44. Subdivision 1 of section 71-2728 of the environmental conserva- 26 tion law, as added by chapter 641 of the laws of 2008, is amended to 27 read as follows: 28 1. Any person who knowingly or intentionally violates any provision of 29 or fails to perform any duty imposed pursuant to title 27 of article 27 30 of this chapter shall upon the first finding of such a violation be 31 provided with a warning that future violations shall result in the impo- 32 sition of a fine. Any person convicted of a second violation shall be 33 liable for a civil penalty not to exceed one hundred fifty dollars. Any 34 person convicted of a third or subsequent violation shall be liable for 35 a civil penalty not to exceed [ five ] seven hundred fifty dollars. 36 § 45. Subdivisions 1 and 3 of section 71-2907 of the environmental 37 conservation law, as amended by chapter 285 of the laws of 2000, are 38 amended to read as follows: 39 1. Administrative sanctions. Except as otherwise provided in this 40 subdivision, any person who violates any provision of article 33 of this 41 chapter or any rule, regulation or order issued thereunder or commits 42 any offense described in section 33-1301 of this chapter shall be liable 43 to the people of the state for a civil penalty not to exceed [ five ] 44 seven thousand five hundred dollars for a first violation, and not to 45 exceed [ ten ] fifteen thousand dollars for a subsequent offense, to be 46 assessed by the commissioner after a hearing or opportunity to be heard. 47 Notwithstanding any provision of law to the contrary, an owner or 48 owner's agent of a multiple dwelling or owner, owner's agent or a person 49 in a position of authority for all other types of premises, as such 50 terms are defined in paragraph d of subdivision five of section 33-0905 51 of this chapter, who violates any provision of a local law adopted 52 pursuant to subdivision one of section 33-1004 of this chapter relating 53 to paragraph b of such subdivision, and a person, who violates any 54 provision of a local law adopted pursuant to subdivision one of section 55 33-1004 of this chapter relating to paragraph c of such subdivision, and 56 a person who violates the provisions of subdivision three of section

S. 4033--C 17

1 three hundred ninety-c of the social services law shall, for a first 2 such violation, in lieu of a penalty, be issued a written warning and 3 shall also be issued educational materials pursuant to subdivision two 4 of section 33-1005 of this chapter. Such person shall, however, for a 5 second violation, be liable to the people of the state for a civil 6 penalty not to exceed one hundred fifty dollars, and not to exceed [ two 7 hundred fifty ] three hundred seventy-five dollars for any subsequent 8 violation, such penalties to be assessed by the commissioner after a 9 hearing or opportunity to be heard. 10 Notwithstanding any provision of law to the contrary, any person who 11 violates the provisions of a local law adopted pursuant to subdivision 12 one of section 33-1004 of this chapter relating to paragraph a of such 13 subdivision, shall be issued a warning for the first violation and shall 14 be provided seven days to correct such violation; and shall be liable to 15 the people of the state for a civil penalty not to exceed one hundred 16 fifty dollars for a second violation, and not to exceed [ two hundred 17 fifty ] three hundred seventy-five dollars for a subsequent violation, to 18 be assessed by the commissioner after a hearing or opportunity to be 19 heard. The commissioner, acting by the attorney general, may bring suit 20 for collection of such assessed civil penalty in any court of competent 21 jurisdiction. Such civil penalty may be released or compromised by the 22 commissioner before the matter has been referred to the attorney gener- 23 al; and where such matter has been referred to the attorney general, any 24 such penalty may be released or compromised and any action commenced to 25 recover the same may be settled and discontinued by the attorney general 26 with the consent of the commissioner. Any civil penalty assessed by the 27 commissioner under this subdivision shall be reviewable in a proceeding 28 under article 78 of the civil practice law and rules. 29 3. Criminal sanctions. Any person who, having the culpable mental 30 states defined in subdivision one or two of section 15.05 or in section 31 20.20 of the penal law, violates any provision of article 33 of this 32 chapter or any rule, regulation thereunder or commits any offense 33 described in section 33-1301 of this chapter, except an offense relating 34 to the application of a general use pesticide shall be guilty of a 35 misdemeanor and, upon conviction thereof, shall be punished by a fine 36 not to exceed [ five ] seven thousand five hundred dollars for each day 37 during which such violation continues or by imprisonment for a term of 38 not more than one year, or by both such fine and imprisonment. If the 39 conviction is for a subsequent offense committed after a first 40 conviction of such person under this subdivision, punishment shall be by 41 a fine not to exceed [ ten ] fifteen thousand dollars for each day during 42 which such violation continues or by imprisonment for a term of not more 43 than one year, or by both such fine and imprisonment. When a violation 44 consists of the manufacture or production of any prohibited article, 45 each day during which or any part of which such manufacture or 46 production is carried on or continued, shall be deemed a separate 47 violation. Any person who violates any provision of article 33 of this 48 chapter or any rule or regulation thereunder or commits any offense 49 described in section 33-1301 of this chapter relating to the use of a 50 general use pesticide shall be guilty of a violation and, upon 51 conviction thereof, shall be punished by a fine not to exceed [ twenty- 52 five hundred ] three thousand seven hundred fifty dollars. If the 53 conviction is for a subsequent offense committed after the first such 54 conviction of such person under this subdivision, punishment shall be by 55 a fine not to exceed [ five ] seven thousand five hundred dollars. Prose- 56 cution hereunder may be conducted by either the attorney general or the

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1 district attorney consistent with section 71-0403 of this article. With 2 respect to violations of section 33-1004 of this chapter, penalties 3 imposed pursuant to this subdivision may be assessed only against a 4 person providing a commercial lawn application. 5 § 46. Section 71-3103 of the environmental conservation law is amended 6 to read as follows: 7 § 71-3103. Enforcement of article 35. 8 Any person who violates any of the provisions of, or who fails to 9 perform any duties imposed by article 35 or any regulation promulgated 10 by the commissioner thereunder, shall be liable to a civil penalty of 11 not more than [ twenty-five hundred ] three thousand seven hundred fifty 12 dollars for each such violation and an additional penalty of not more 13 than [ five ] seven hundred fifty dollars for each day during which such 14 violation continues, and, in addition thereto, such person may be 15 enjoined from continuing such violation. Penalties and injunctive relief 16 provided herein shall be recoverable in an action brought by the Attor- 17 ney General at the request and in the name of the commissioner. 18 § 47. Subdivision 1 of section 71-3303 of the environmental conserva- 19 tion law, as added by chapter 617 of the laws of 1987, is amended to 20 read as follows: 21 1. Any person who violates any provision of, or fails to perform any 22 duty imposed by article forty-three of this chapter or any rule or regu- 23 lation promulgated pursuant thereto, or any term or condition of any 24 certificate or permit issued pursuant thereto, or any final determi- 25 nation or order of the Lake George park commission made pursuant to 26 article forty-three of this chapter shall be liable for a civil penalty 27 not to exceed [ five ] seven hundred fifty dollars for each such violation 28 and an additional penalty of [ five ] seven hundred fifty dollars for each 29 day during which such violation continues, to be assessed by the Lake 30 George park commission after an opportunity to be heard, or by the court 31 in any action or proceeding initiated by the attorney general in the 32 name of the Lake George park commission. In addition thereto, such 33 person may, by similar process, be enjoined from continuing such 34 violation, and any permit or certificate issued to such person may be 35 revoked or suspended, or a pending renewal application denied based upon 36 such violation. 37 § 48. Section 71-3307 of the environmental conservation law, as added 38 by chapter 617 of the laws of 1987, is amended to read as follows: 39 § 71-3307. Criminal sanctions. 40 Any person who, having any of the culpable mental states defined in 41 section 15.05 of the penal law, shall violate any of the provisions of 42 or who fails to perform any duty imposed by article forty-three of this 43 chapter or any rules or regulations promulgated thereto, or any final 44 determination or order of the Lake George park commission shall be guil- 45 ty of a violation, and, upon conviction thereof, shall be punished by a 46 fine not to exceed [ five ] seven hundred fifty dollars for each violation 47 and [ five ] seven hundred fifty dollars for each day such violation shall 48 continue. 49 § 49. Section 71-3501 of the environmental conservation law is amended 50 to read as follows: 51 § 71-3501. Putting noisome or unwholesome substances or maintaining 52 noisome business on or near highway. 53 A person, who deposits, leaves or keeps, on or near a highway or route 54 of public travel, either on the land or on the water, any noisome or 55 unwholesome substance, or establishes, maintains or carries on, upon or 56 near a public highway or route of public travel, either on the land or

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1 on the water, any business, trade or manufacture which is noisome or 2 detrimental to public health, is guilty of a misdemeanor, punishable by 3 a fine of not less than one hundred fifty dollars, or by imprisonment 4 not less than three nor more than six months, or both. 5 § 50. Section 71-3803 of the environmental conservation law, as added 6 by chapter 713 of the laws of 1975, is amended to read as follows: 7 § 71-3803. Enforcement of article thirty-eight. 8 Any person who violates any of the provisions of, or who fails to 9 perform any duty imposed by article thirty-eight or any regulation 10 promulgated by the commissioner thereunder, shall be liable to a civil 11 penalty of not more than [ twenty-five hundred ] three thousand seven 12 hundred fifty dollars for each such violation and an additional penalty 13 of not more than [ five ] seven hundred fifty dollars for each day during 14 which such violation continues, and, in addition thereto, such person 15 may be enjoined from continuing such violation. Penalties and injunctive 16 relief provided herein shall be recoverable in an action brought by the 17 attorney general acting alone or at the request of the commissioner. 18 § 51. Section 71-3903 of the environmental conservation law, as added 19 by chapter 732 of the laws of 1980, is amended to read as follows: 20 § 71-3903. Violations; penalties. 21 1. Administrative sanctions. Any person who violates, disobeys or 22 disregards any provision of article thirty-nine shall be liable to the 23 people of the state for a civil penalty of not to exceed [ three ] four 24 thousand five hundred dollars for every such violation, to be assessed 25 by the commissioner after a hearing or opportunity to be heard. The 26 penalty may be recovered in an action brought by the commissioner in any 27 court of competent jurisdiction. Such civil penalty may be released or 28 [ comprised ] compromised by the commissioner before the matter has been 29 referred to the attorney general; and where such matter has been 30 referred to the attorney general, any such penalty may be released or 31 [ comprised ] compromised and any action commenced to recover the same may 32 be settled and discontinued by the attorney general with the consent of 33 the commissioner. In addition, the commissioner shall have power, 34 following a hearing, to direct the violator to cease [ his ] their 35 violation of article thirty-nine and, where appropriate, to recall any 36 sewage system cleaners or additives sold or distributed in violation of 37 said article. Any such order of the commissioner shall be enforceable in 38 an action brought by the commissioner in any court of competent juris- 39 diction. Any civil penalty or order issued by the commissioner under 40 this subdivision shall be reviewable in a proceeding under article 41 seventy-eight of the civil practice law and rules commenced within thir- 42 ty days of such penalty or order. 43 2. Criminal sanctions. Any person who knowingly violates any provision 44 of section 39-0105 of this chapter shall, in addition to the sanctions 45 provided in subdivision one of this section, for the first offense, be 46 guilty of a violation punishable by a fine of not less than [ five ] seven 47 hundred fifty nor more than one thousand five hundred dollars; for a 48 second and each subsequent offense [ he ] such person shall be guilty of a 49 misdemeanor punishable by a fine of not less than one thousand five 50 hundred nor more than [ three ] four thousand five hundred dollars or a 51 term of imprisonment of not more than six months or both. In addition to 52 or instead of these sanctions, any offender shall be punishable by being 53 ordered by the court to recall any sewage system cleaners or additives 54 sold or distributed in violation of article thirty-nine. The court shall 55 specify a reasonable time for the completion of the recall. Each offense 56 shall be a separate and distinct offense and, in the case of a continu-

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1 ing offense, each day's continuance thereof shall be deemed a separate 2 and distinct offense. 3 § 52. Section 71-3905 of the environmental conservation law, as added 4 by chapter 732 of the laws of 1980, is amended to read as follows: 5 § 71-3905. Enforcement. 6 The attorney general or a district attorney, at the request of the 7 attorney general or the commissioner, may prosecute persons who violate 8 article thirty-nine. In addition the attorney general, on [ his ] their 9 own initiative or at the request of the commissioner, shall have the 10 right to recover a civil penalty of not to exceed [ three ] four thousand 11 five hundred dollars for every violation of any provision of said arti- 12 cle, and to seek equitable relief to restrain any violation or threat- 13 ened violation of such article and to require the recall of any sewage 14 system cleaners or additives sold or distributed in violation of said 15 article. 16 § 53. Section 71-4001 of the environmental conservation law, as 17 amended by chapter 99 of the laws of 2010, is amended to read as 18 follows: 19 § 71-4001. General criminal penalty. 20 Except as otherwise specifically provided elsewhere in this chapter or 21 in the penal law, (a) a person who violates any provision of this chap- 22 ter, or any rule, regulation or order promulgated pursuant thereto, or 23 the terms or conditions of any permit issued thereunder, shall be guilty 24 of a violation; (b) each day on which such violation occurs shall 25 constitute a separate violation; and (c) for each such violation the 26 person shall be subject upon conviction to imprisonment for not more 27 than fifteen days or to a fine of not more than [ nine ] one thousand 28 three hundred fifty dollars, or to both such imprisonment and such fine. 29 § 54. Section 71-4003 of the environmental conservation law, as 30 amended by chapter 99 of the laws of 2010, is amended to read as 31 follows: 32 § 71-4003. General civil penalty. 33 Except as otherwise specifically provided elsewhere in this chapter, a 34 person who violates any provision of this chapter, or any rule, regu- 35 lation or order promulgated pursuant thereto, or the terms or conditions 36 of any permit issued thereunder, shall be liable to a civil penalty of 37 not more than one thousand five hundred dollars, and an additional civil 38 penalty of not more than one thousand five hundred dollars for each day 39 during which each such violation continues. Any civil penalty provided 40 for by this chapter may be assessed following a hearing or opportunity 41 to be heard. 42 § 55. Section 71-4103 of the environmental conservation law, as 43 amended by chapter 608 of the laws of 1993, is amended to read as 44 follows: 45 § 71-4103. Enforcement of article seventy-two. 46 Any person who violates any of the provisions of article seventy-two 47 of this chapter or the regulations promulgated thereunder shall be 48 liable for a civil penalty of up to one thousand five hundred dollars in 49 addition to any amount assessed as a penalty pursuant to subdivision 50 five of section 72-0201 of this chapter, except that any person who 51 fails to pay fees required pursuant to section 72-0303 of this chapter 52 shall be subject to penalty provisions pursuant to subdivision twelve of 53 section 72-0201 of this chapter. 54 § 56. Section 71-4303 of the environmental conservation law, as added 55 by chapter 672 of the laws of 1986, is amended to read as follows: 56 § 71-4303. Violations of article forty of this chapter.

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1 1. Civil and administrative sanctions. Any person who violates any of 2 the provisions of, or who fails to perform any duty imposed by, article 3 forty of this chapter or any rule or regulation promulgated thereunder, 4 or any terms or conditions of any certificate or permit issued pursuant 5 thereto, or any final determination or order of the commissioner made 6 pursuant to this title, shall be liable in the case of a civil penalty 7 not to exceed twenty-five thousand five hundred dollars and an addi- 8 tional penalty of not more than [ twenty-five thousand ] thirty-seven 9 thousand five hundred dollars for each day during which such violation 10 continues, to be assessed by the commissioner after an opportunity to be 11 heard pursuant to the provisions of section 71-1709 of this article or 12 by a court in any action or proceeding pursuant to this title, and, in 13 addition thereto such person may by similar process be enjoined from 14 continuing such violation. In addition, upon the provision of notice 15 stating the grounds for its action and giving an opportunity for hear- 16 ing, the commissioner may revoke, suspend or deny a certificate or a 17 renewal of a certificate issued pursuant to article forty of this chap- 18 ter. In the case of a second violation, the liability shall be for a 19 civil penalty not to exceed [ fifty ] seventy-five thousand dollars for 20 such violation and an additional penalty not to exceed [ fifty ] seventy- 21 five thousand dollars for each day during which such violation contin- 22 ues. 23 2. Criminal sanctions. Any person who, having any of the culpable 24 mental states defined in section 15.05 of the penal law, shall violate 25 any of the provisions of or who fails to perform any duty imposed by 26 article forty of this chapter or any rules or regulations promulgated 27 pursuant thereto, or any term or condition of any certificate or permit 28 issued pursuant thereto, or any final determination or order of the 29 commissioner made pursuant to this title shall be guilty of a misdemea- 30 nor and, upon conviction thereof, shall for a first conviction be 31 punished by a fine not to exceed [ twenty-five ] thirty-seven thousand 32 five hundred dollars per day of violation or by imprisonment for a term 33 of not more than one year, or by both such fine and imprisonment. If the 34 conviction is for an offense committed after a first conviction of such 35 person under this subdivision, punishment shall be by a fine not to 36 exceed [ fifty ] seventy-five thousand dollars per day of violation, or by 37 imprisonment for not more than two years or by both such fine and impri- 38 sonment. 39 § 57. Section 71-4402 of the environmental conservation law, as added 40 by chapter 180 of the laws of 1989, is amended to read as follows: 41 § 71-4402. Violations of title 15 of article 27 of this chapter. 42 1. Civil and administrative sanctions. 43 Any person who violates any of the provisions of, or who fails to 44 perform any duty imposed by title 15 of article 27 of this chapter, or 45 any rule or regulation promulgated pursuant thereto, or any term or 46 condition of any certificate or permit issued pursuant thereto, or any 47 final determination or order of the commissioner made pursuant to this 48 title shall be liable in the case of a first violation, for a civil 49 penalty not to exceed [ twenty-five ] thirty-seven thousand five hundred 50 dollars and an additional penalty of not more than [ twenty-five ] thir- 51 ty-seven thousand five hundred dollars for each day during which such 52 violation continues, to be assessed by the commissioner after an oppor- 53 tunity to be heard pursuant to the provisions of section 71-1709 of this 54 chapter, or by the court in any action or proceeding pursuant to section 55 71-2727 of this chapter, and, in addition thereto, such persons may by 56 similar process be enjoined from continuing such violation and any

S. 4033--C 22

1 permit or certificate issued to such person may be revoked or suspended 2 or a pending renewal application denied. In the case of a second and any 3 further violation, the liability shall be for a civil penalty not to 4 exceed [ fifty ] seventy-five thousand dollars for each such violation and 5 an additional penalty not to exceed [ fifty ] seventy-five thousand 6 dollars for each day during which such violation continues. 7 2. Criminal sanctions. 8 a. Any person who violates any of the provisions of or who fails to 9 perform any duty imposed by title 15 of article 27 of this chapter or 10 any rules and regulations promulgated pursuant thereto, or any term or 11 condition of any certificate or permit issued pursuant thereto, or any 12 final determination or order of the commissioner made pursuant to this 13 title shall be guilty of a violation and, upon conviction thereof, shall 14 be punished by a fine not to exceed [ five ] seven thousand five hundred 15 dollars per day of violation, or by imprisonment for a term of not more 16 than fifteen days, or by both such fine and imprisonment. 17 b. Any person who, intentionally, knowingly, or recklessly shall 18 violate any of the provisions of or who fails to perform any duty 19 imposed by title 15 of article 27 of this chapter or any rules and regu- 20 lations promulgated pursuant thereto, or any term or condition of any 21 certificate or permit issued pursuant thereto, or any final determi- 22 nation or order of the commissioner made pursuant to this title shall be 23 guilty of a class B misdemeanor and, upon conviction thereof, shall for 24 a first conviction be punished by a fine not to exceed [ fifteen ] twen- 25 ty-two thousand five hundred dollars per day of violation or by impri- 26 sonment for a term of not more than ninety days, or both such fine and 27 imprisonment. If the conviction is for an offense committed after a 28 first conviction of such person under this paragraph, within the preced- 29 ing five years, such person shall be guilty of a class A misdemeanor and 30 upon conviction, punishment shall be by a fine not to exceed [ fifty ] 31 seventy-five thousand five hundred dollars per day of violation, or by 32 imprisonment for not more than one year or by both such fine and impri- 33 sonment. 34 § 58. Subdivision 2 of section 71-4411 of the environmental conserva- 35 tion law, as added by chapter 180 of the laws of 1989, is amended to 36 read as follows: 37 2. Fines. A sentence to pay a fine shall be a sentence to pay any 38 amount fixed by the court, not exceeding the higher of: 39 (a) [ one hundred fifty ] two hundred twenty-five thousand dollars for a 40 class D felony; 41 (b) one hundred fifty thousand dollars for a class E felony; 42 (c) [ fifty ] seventy-five thousand dollars for a class A misdemeanor; 43 (d) [ fifteen ] twenty-two thousand five hundred dollars for a class B 44 misdemeanor; or 45 (e) double the amount of the defendant's gain from the commission of 46 the crime. 47 § 59. The opening paragraph of subdivision 5 and subdivision 12 of 48 section 72-0201 of the environmental conservation law, the opening para- 49 graph of subdivision 5 as added by chapter 15 of the laws of 1983, and 50 subdivision 12 as added by chapter 608 of the laws of 1993, are amended 51 to read as follows: 52 If the amount of the fee is not paid within forty-five days of the 53 last date prescribed under subdivision four of this section, a penalty 54 shall be imposed on such deficiency. The amount of such penalty shall 55 not exceed [ five ] seven and one half percent of such deficiency per

S. 4033--C 23

1 month and the total penalty shall not exceed twenty-five percent of the 2 deficiency. 3 12. Notwithstanding any other provision of this section, any person 4 who fails to pay fees required pursuant to section 72-0303 of this arti- 5 cle shall pay a penalty of [ fifty ] seventy-five per centum of the unpaid 6 fee amount, plus interest on the unpaid fee amount computed in accord- 7 ance with section 6621(a)(2) of the United States internal revenue code 8 of 1986 (Public Law 99-514, 26 U.S.C. section 1 et seq.) from the date 9 the fee was required to be paid. 10 § 60. Subdivisions 2 and 3 of section 57-0136 of the environmental 11 conservation law, as amended by chapter 289 of the laws of 2006, are 12 amended to read as follows: 13 2. Civil penalties. (a) For a violation that takes place in the "core 14 preservation area" as defined in subdivision eleven of section 57-0107 15 of this title, any person who violates any provision of this title, the 16 land use plan adopted by the commission, any regulation promulgated by 17 the commission, or the terms or conditions of any order, permit, or 18 determination issued by the commission pursuant to this title shall be 19 liable for a civil penalty of not more than [ twenty-five thousand ] thir- 20 ty-seven thousand five hundred dollars for each violation and an addi- 21 tional civil penalty of not more than one thousand five hundred dollars 22 for each day that such violation continues. 23 (b) For a violation that takes place in the "compatible growth area" 24 as defined in subdivision twelve of section 57-0107 of this title, any 25 person who violates any provision of this title, the land use plan 26 adopted by the commission, any regulation promulgated by the commission, 27 or the terms or conditions of any order, permit, or determination issued 28 by the commission pursuant to this title shall be liable for a civil 29 penalty of not more than [ ten ] fifteen thousand dollars for each 30 violation and an additional civil penalty of not more than one thousand 31 five hundred dollars for each day that such violation continues. 32 3. Criminal penalties. (a) For a violation that takes place in the 33 "core preservation area" as defined in subdivision eleven of section 34 57-0107 of this title, any person who willfully or intentionally 35 violates any provision of this title, the land use plan adopted by the 36 commission, any regulation promulgated by the commission, or the terms 37 or conditions of any order, permit, or determination issued by the 38 commission pursuant to this title shall be guilty of a misdemeanor 39 punishable by a fine of not more than [ twenty-five thousand ] thirty-sev- 40 en thousand five hundred dollars for each violation and an additional 41 fine of not more than one thousand five hundred dollars for each day 42 that such violation continues. 43 (b) For a violation that takes place in the "compatible growth area" 44 as defined in subdivision twelve of section 57-0107 of this title, any 45 person who willfully or intentionally violates any provision of this 46 title, the land use plan adopted by the commission, any regulation 47 promulgated by the commission, or the terms or conditions of any order, 48 permit, or determination issued by the commission pursuant to this title 49 shall be guilty of a misdemeanor punishable by a fine of not more than 50 [ ten ] fifteen thousand dollars for each violation and an additional fine 51 of not more than one thousand five hundred dollars for each day that 52 such violation continues. 53 § 61. Subdivision 1 of section 37-0211 of the environmental conserva- 54 tion law, as added by chapter 286 of the laws of 1990, such section as 55 renumbered by chapter 307 of the laws of 2020, is amended to read as 56 follows:

S. 4033--C 24

1 1. A violation of any of the provisions of this title or any rule or 2 regulation promulgated pursuant thereto shall be punishable in the case 3 of a first violation, by a civil penalty not to exceed [ ten ] fifteen 4 thousand dollars. In the case of a second and any further violation, the 5 liability shall be for a civil penalty not to exceed [ twenty-five thou- 6 sand ] thirty-seven thousand five hundred dollars for each violation. 7 § 62. Section 33-0925 of the environmental conservation law, as 8 amended by chapter 43 of the laws of 2007, is amended to read as 9 follows: 10 § 33-0925. Sanctions. 11 Notwithstanding any other provision of law or regulation pursuant to 12 this title and/or any provision of this article as it relates to the 13 application of aquatic antifouling paints, any person who violates any 14 provision of this title or any rule, regulation or order issued there- 15 under shall be liable to the people of this state for a civil penalty of 16 up to one thousand five hundred dollars for a first violation to be 17 assessed by the commissioner after a hearing or opportunity to be heard. 18 In determining the amount of the penalty, the commissioner shall take 19 into account whether the violation posed an immediate threat to the 20 environment or the health and safety of the public. Any subsequent 21 violation of this title and/or any provision of this article as it 22 relates to the application of aquatic antifouling paints would be 23 subject to the appropriate sanctions pursuant to sections 71-2907 and 24 71-2911 of this chapter. 25 § 63. Paragraph a of subdivision 9 of section 27-1012 of the environ- 26 mental conservation law, as added by section 8 of part SS of chapter 59 27 of the laws of 2009, is amended to read as follows: 28 a. Any person required to be registered under this section who, with- 29 out being so registered, sells or offers for sale beverage containers in 30 this state, in addition to any other penalty imposed by this title, 31 shall be subject to a penalty to be assessed by the commissioner of 32 taxation and finance in an amount not to exceed [ five hundred ] seven 33 hundred fifty dollars for the first day on which such sales or offers 34 for sale are made, plus an amount not to exceed [ five hundred ] seven 35 hundred fifty dollars for each subsequent day on which such sales or 36 offers for sale are made, not to exceed [ twenty-five thousand ] thirty- 37 seven thousand five hundred dollars in the aggregate. 38 § 64. Subdivision 4 of section 23-1715 of the environmental conserva- 39 tion law, as amended by chapter 233 of the laws of 1979, is amended to 40 read as follows: 41 4. In the event of the failure of the holder of an environmental safe- 42 ty permit issued under section 23-1707 of this title , of route certif- 43 ication under section 23-1713 of this title , or of a non-conforming 44 facility under section 23-1719 of this title to comply with the terms 45 thereof or the provisions of the rules and regulations adopted under 46 article 70 of this chapter, the department may revoke said permit or 47 certificate pursuant to the provisions of article 70 of this chapter and 48 impose upon the holder of such permit or certificate a civil penalty of 49 up to one thousand five hundred dollars for each day the holder thereof 50 has failed to comply with this title or a permit or certificate issued 51 hereunder, together with the allocated costs of the revocation and 52 enforcement proceeding itself. 53 § 65. Subdivisions 4 and 5 of section 19-0320 of the environmental 54 conservation law, as added by chapter 621 of the laws of 1998, the open- 55 ing paragraph of subdivision 4 as amended by section 1 and the opening

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1 paragraph of subdivision 5 as amended by section 2 of part W1 of chapter 2 62 of the laws of 2003, are amended to read as follows: 3 4. Notwithstanding the provisions of title twenty-one of article 4 seventy-one of this chapter, operation of a heavy duty vehicle which, 5 when tested, exceeds emission levels set forth in regulations promulgat- 6 ed pursuant to this section shall be a violation, and the following 7 penalties shall apply to any violation found as a result of roadside 8 emissions inspections: 9 a. First violation: [ $ 700.00 ] $1050.00 10 Second and subsequent violations: [ $1300.00 ] $1950.00 . 11 b. The penalties set forth in paragraph a of this subdivision shall be 12 reduced to [ one hundred fifty ] two hundred twenty-five dollars for the 13 first violation and [ five hundred ] seven hundred fifty dollars for the 14 second and subsequent violations by the court or administrative tribunal 15 before which the summons or appearance ticket is returnable if the 16 violation set forth in the summons or appearance ticket is corrected not 17 later than thirty days after the issuance of the summons or appearance 18 ticket and proof of such correction, as defined in paragraph c of this 19 subdivision, is submitted to the court or administrative tribunal. The 20 penalties described in this section shall not apply to vehicles defined 21 by section one hundred forty-two of the vehicle and traffic law or owned 22 by a county, town, city, or village for a first violation provided the 23 vehicle is repaired within thirty days of ticket issuance. 24 c. Acceptable proof of repair or adjustment shall be submitted to the 25 court or administrative tribunal on or before the return date of the 26 summons or appearance ticket in a form and manner prescribed by regu- 27 lations adopted pursuant to this section. 28 5. Notwithstanding the provisions of title twenty-one of article 29 seventy-one of this chapter, operation of any heavy duty vehicle regis- 30 tered or required to be registered in this state without a certificate 31 of inspection resulting from an annual inspection as required by regu- 32 lations adopted pursuant to this section shall be a violation, and the 33 following violation structure shall apply to such violations: 34 a. First violation: [ $ 700.00 ] $1050.00 35 Second and subsequent violations: [ $1300.00 ] $1950.00 . 36 b. The penalties defined in paragraph a of this subdivision shall be 37 reduced to [ three hundred fifty ] five hundred twenty-five dollars for 38 the first violation and [ seven hundred fifty ] one thousand one hundred 39 twenty-five dollars for second and subsequent violations, provided that 40 the vehicle in question bears a certificate which was valid within the 41 last thirty days. The penalties described in this section shall not 42 apply to vehicles defined by section one hundred forty-two or owned by a 43 county, town, city, or village of the vehicle and traffic law for a 44 first violation provided the vehicle is repaired within thirty days of 45 ticket issuance. 46 § 66. Subdivision 6 of section 17-1745 of the environmental conserva- 47 tion law, as added by chapter 199 of the laws of 1999, is amended to 48 read as follows: 49 6. Penalties. Failure to comply with the provisions of this section 50 shall result in fines of [ two hundred fifty ] three hundred seventy-five 51 dollars per day for each violation. 52 § 67. Section 15-2723 of the environmental conservation law, as 53 amended by chapter 613 of the laws of 1975, is amended to read as 54 follows: 55 § 15-2723. Penalties and enforcement.

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1 Any person who violates any provision of this title or any regulation 2 or order issued pursuant to this act by the commissioner or the agency 3 may be compelled to comply with or obey the same by injunction, mandamus 4 or other appropriate remedy. In addition, any such person shall pay a 5 civil penalty of not less than one hundred fifty dollars or more than 6 one thousand five hundred dollars for each day of such violation. The 7 commissioner or the agency as the case may be, is authorized to commence 8 a civil action to recover such civil penalties or other appropriate 9 relief. 10 § 68. Subdivision 9 of section 11-0512 of the environmental conserva- 11 tion law, as amended by chapter 326 of the laws of 2012, is amended to 12 read as follows: 13 9. Notwithstanding any other provision of law, any person who knowing- 14 ly breeds a wild animal or knowingly possesses, owns, harbors, sells, 15 barters, transfers, exchanges, or imports a wild animal for use as a pet 16 or intentionally releases or sets at-large any wild animal, authorized 17 by this section for use as a pet, from the location where the animal is 18 permitted to be possessed or harbored in violation of the provisions of 19 this section shall be subject to a penalty of not more than [ five 20 hundred ] seven hundred fifty dollars for the first offense and not more 21 than one thousand five hundred dollars for a second and subsequent 22 offenses. Each instance of breeding, owning, harboring, sale, barter, 23 release, transfer, exchange, or import of a wild animal in violation of 24 this section shall constitute a separate offense. 25 § 69. Subdivision 3 of section 9-1503 of the environmental conserva- 26 tion law, as amended by chapter 222 of the laws of 1976, is amended to 27 read as follows: 28 3. No person shall, in any area designated by such list or lists, 29 knowingly pick, pluck, sever, remove, damage by the application of 30 herbicides or defoliants or carry away, without the consent of the owner 31 thereof, any protected plant. An offense under this section shall be a 32 violation, punishable by a fine of not to exceed [ twenty-five dollars ] 33 thirty-seven dollars and fifty cents . 34 § 70. This act shall take effect on the ninetieth day after it shall 35 have become a law.

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