S 9856: Imposes corporate fines for violations of certain provisions of law.

  
  STATE OF NEW YORK ________________________________________________________________________ 9856  IN SENATE April 8, 2026 ___________ Introduced by Sen. MYRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to imposing corporate fines for violations of certain provisions of law The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 71-2703 of the environmental conservation law is 2 amended by adding a new subdivision 6 to read as follows: 3 6. Corporate liability. Notwithstanding any provision of this section 4 to the contrary, when a corporation is convicted of a crime under this 5 section, the sentence of the court shall be imposed in accordance with 6 section 71-2721 of this title. 7 § 2. Section 71-2721 of the environmental conservation law, as amended 8 by chapter 671 of the laws of 1986 and subdivision 2 as amended by 9 section 32 of part C of chapter 62 of the laws of 2003, is amended to 10 read as follows: 11 § 71-2721. Enforcement of Article 27 and this title. 12 1. When a person other than a corporation is convicted of a crime 13 under the provisions of this title, the sentence of the court shall be 14 as follows: 15 (a) A fine, as set forth in subdivision two of this section; 16 (b) Following a hearing in accordance with the procedures set forth in 17 section 71-2723 of this [chapter] title, payment of the cost of legally 18 disposing of the hazardous waste unlawfully possessed and restoring to 19 its original state the area where substances were released unlawfully in 20 violation of sections 27-0914, 71-2710, 71-2711, 71-2712, 71-2713 and 21 71-2714 of this chapter; 22 (c) Any other sentence authorized by law, including imprisonment; or 23 (d) Any combination of such fine, payment of the cost of disposal and 24 restoration, and any other sentence authorized by law, including impri- 25 sonment. 26 2. Fines. A sentence to pay a fine shall be a sentence to pay an 27 amount fixed by the court, not exceeding the higher of: 28 (a) Three hundred thousand dollars for a class C felony; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15505-02-6 
 S. 9856 2 1 (b) Two hundred twenty-five thousand dollars for a class D felony; 2 (c) One hundred fifty thousand dollars for a class E felony; 3 (d) Thirty-seven thousand five hundred dollars for a class A misdemea- 4 nor; 5 (e) Fifteen thousand dollars for a class B misdemeanor; or 6 (f) Double the amount of the defendant's gain from the commission of 7 the crime. 8 3. When a corporation is convicted of a crime under the provisions of 9 this title, the sentence of the court shall be as follows: 10 (a) A fine, as set forth in subdivision four of this section; 11 (b) Following a hearing in accordance with the procedures set forth in 12 section 71-2723 of this title, payment of the cost of legally disposing 13 of the hazardous waste unlawfully possessed and restoring to its 14 original state the area where substances were released unlawfully in 15 violation of sections 27-0914, 71-2710, 71-2711, 71-2712, 71-2713 and 16 71-2714 of this chapter; 17 (c) Any other sentence authorized by law; or 18 (d) Any combination of such fine, payment of the cost of disposal and 19 restoration, and any other sentence authorized by law. 20 4. Corporate fines. A sentence to pay a fine shall be a sentence to 21 pay an amount fixed by the court, not exceeding the higher of: 22 (a) Three million dollars for a class C felony; 23 (b) Two million five hundred thousand dollars for a class D felony; 24 (c) One million five hundred thousand dollars for a class E felony; 25 (d) Three hundred seventy-five thousand dollars for a class A misde- 26 meanor; 27 (e) One hundred fifty thousand dollars for a class B misdemeanor; or 28 (f) Three times the amount of the defendant's gain from the commission 29 of the crime. 30 § 3. Section 71-2103 of the environmental conservation law, subdivi- 31 sion 1 as amended by chapter 99 of the laws of 2010 and subdivision 4 as 32 added by chapter 621 of the laws of 1998, is amended to read as follows: 33 § 71-2103. Violations; civil liability. 34 1. Except as provided in section 71-2113 of this title, any person 35 other than a corporation who violates any provision of article nineteen 36 or any code, rule or regulation which was promulgated pursuant thereto; 37 or any order except an order directing such person to pay a penalty by a 38 specified date issued by the commissioner pursuant thereto, shall be 39 liable, in the case of a first violation, for a penalty not less than 40 five hundred dollars nor more than eighteen thousand dollars for said 41 violation and an additional penalty of not to exceed fifteen thousand 42 dollars for each day during which such violation continues. In the case 43 of a second or any further violation, the liability shall be for a 44 penalty not to exceed twenty-six thousand dollars for said violation and 45 an additional penalty not to exceed twenty-two thousand five hundred 46 dollars for each day during which such violation continues. In addition 47 thereto, such person may be enjoined from continuing such violation as 48 hereinafter provided. 49 2. The penalty provided for in [subdivision 1] subdivisions one and 50 five of this section shall be recoverable in an action brought by the 51 Attorney General. 52 3. An action or cause of action for the recovery of a penalty under 53 article [19] nineteen of this chapter may be settled or compromised by 54 the Attorney General after proceedings are brought to recover such 55 penalties prior to the entry of judgment therefor. 
 S. 9856 3 1 4. Any fines collected for violations of section 19-0320 of this chap- 2 ter shall be deposited in the clean air fund, to the credit of the 3 mobile source account, in accordance with the provisions of section 4 ninety-seven-oo of the state finance law. 5 5. Except as provided in section 71-2113 of this title, any corpo- 6 ration that violates any provision of article nineteen of this chapter 7 or any code, rule or regulation which was promulgated pursuant thereto; 8 or any order except an order directing such corporation to pay a penalty 9 by a specified date issued by the commissioner pursuant thereto, shall 10 be liable, in the case of a first violation, for a penalty not less than 11 five thousand dollars nor more than one hundred eighty thousand dollars 12 for said violation and an additional penalty of not to exceed one 13 hundred fifty thousand dollars for each day during which such violation 14 continues. In the case of a second or any further violation, the liabil- 15 ity shall be for a penalty not to exceed two hundred sixty thousand 16 dollars for said violation and an additional penalty not to exceed two 17 hundred twenty-five thousand dollars for each day during which such 18 violation continues. In addition thereto, such corporation may be 19 enjoined from continuing such violation as hereinafter provided. 20 § 4. Section 71-2105 of the environmental conservation law, subdivi- 21 sion 1 as amended by chapter 99 of the laws of 2010, is amended to read 22 as follows: 23 § 71-2105. Criminal liability for violations. 24 1. Except as provided in section 71-2113 of this title, any person 25 other than a corporation who shall wilfully violate any of the 26 provisions of article [19] nineteen of this chapter or any code, rule or 27 regulation promulgated pursuant thereto or any final determination or 28 order of the commissioner made pursuant to article [19] nineteen of this 29 chapter shall be guilty of a misdemeanor, and, upon conviction thereof, 30 shall be punished by a fine, in the case of a first conviction, of not 31 less than five hundred dollars nor more than eighteen thousand dollars 32 or by imprisonment for a term of not more than one year, or by both such 33 fine and imprisonment, for each separate violation. If the conviction is 34 for an offense committed after the first conviction of such person under 35 this subdivision, such person shall be punished by a fine not to exceed 36 twenty-six thousand dollars, or by imprisonment, or by both such fine 37 and imprisonment. Each day on which such violation occurs shall consti- 38 tute a separate violation. 39 2. No prosecution under this section shall be instituted until after 40 final disposition of an appeal or review, if any, provided by section 41 19-0511 of this chapter. 42 3. All prosecutions under this section shall be instituted by the 43 commissioner and shall be conducted by the Attorney General in the name 44 of the people of the state of New York. 45 4. In the prosecution of any criminal proceeding under this section by 46 the Attorney General and, in any proceeding before a grand jury in 47 connection therewith, the Attorney General shall exercise all the powers 48 and perform all the duties which the District Attorney would otherwise 49 be authorized or required to exercise or perform, and in such a proceed- 50 ing the District Attorney shall exercise such powers and perform such 51 duties as are requested of [him] the District Attorney by the Attorney 52 General. 53 5. Except as provided in section 71-2113 of this title, any corpo- 54 ration who shall wilfully violate any of the provisions of article nine- 55 teen of this chapter or any code, rule or regulation promulgated pursu- 56 ant thereto or any final determination or order of the commissioner made 
 S. 9856 4 1 pursuant to article nineteen of this chapter shall be guilty of a misde- 2 meanor, and, upon conviction thereof, shall be punished by a fine, in 3 the case of a first conviction, of not less than five thousand dollars 4 nor more than one hundred eighty thousand dollars for each separate 5 violation. If the conviction is for an offense committed after the first 6 conviction of such corporation under this subdivision, such corporation 7 shall be punished by a fine not to exceed two hundred sixty thousand 8 dollars. Each day on which such violation occurs shall constitute a 9 separate violation. 10 § 5. Section 71-2111 of the environmental conservation law, as added 11 by chapter 400 of the laws of 1973, is amended to read as follows: 12 § 71-2111. Enforcement of air pollution emergency rules and regulations. 13 1. Any person other than a corporation who violates any of the 14 provisions of any regulation promulgated by the commissioner under 15 authority of paragraph y of subdivision one of section 3-0301 of this 16 chapter shall be liable for a civil penalty of not more than twenty-five 17 hundred dollars for each such violation and an additional penalty of not 18 more than five hundred dollars for each day during which such violation 19 continues, and, in addition thereto, such persons may be enjoined from 20 continuing such violation. Penalties and injunctive relief provided 21 herein shall be recoverable in an action brought by the attorney general 22 at the request and in the name of the commissioner. 23 2. Any corporation who violates any of the provisions of any regu- 24 lation promulgated by the commissioner under authority of paragraph y of 25 subdivision one of section 3-0301 of this chapter shall be liable for a 26 civil penalty of not more than twenty-five thousand dollars for each 27 such violation and an additional penalty of not more than five thousand 28 dollars for each day during which such violation continues, and, in 29 addition thereto, such corporations may be enjoined from continuing such 30 violation. Penalties and injunctive relief provided herein shall be 31 recoverable in an action brought by the attorney general at the request 32 and in the name of the commissioner. 33 § 6. Section 71-2113 of the environmental conservation law, as added 34 by chapter 942 of the laws of 1984, subdivision 1 as amended by section 35 23 and subdivision 2 as amended by section 24 of part C of chapter 62 of 36 the laws of 2003, is amended to read as follows: 37 § 71-2113. Violations of section 19-0304 of article 19 of this chapter. 38 1. Civil and administrative sanctions. Any person other than a corpo- 39 ration who violates any of the provisions of, or who fails to perform 40 any duty imposed by section 19-0304 of this chapter, or any rule or 41 regulation promulgated pursuant thereto, or any term or condition of any 42 certificate or permit issued pursuant thereto, or any final determi- 43 nation or order of the commissioner made pursuant to article [19] nine- 44 teen of this chapter concerning a violation of section 19-0304 of this 45 chapter shall be liable in the case of a first violation, for a civil 46 penalty not to exceed thirty-seven thousand five hundred dollars and an 47 additional penalty of not more than thirty-seven thousand five hundred 48 dollars for each day during which such violation continues, to be 49 assessed by the commissioner after an opportunity to be heard pursuant 50 to the provisions of section 71-1709 of this article, or by the court in 51 any action or proceeding pursuant to section 71-2107 of this title, and, 52 in addition thereto, such person may by similar process be enjoined from 53 continuing such violation and any permit or certificate issued to such 54 person may be revoked or suspended or a pending renewal application 55 denied. In the case of a second and any further violation, the liability 56 shall be for a civil penalty not to exceed seventy-five thousand dollars 
 S. 9856 5 1 for each such violation and an additional penalty not to exceed seven- 2 ty-five thousand dollars for each day during which such violation 3 continues. 4 2. Criminal sanctions. Any person other than a corporation who, having 5 any of the culpable mental states defined in section 15.05 of the penal 6 law, shall violate any of the provisions of or who fails to perform any 7 duty imposed by section 19-0304 of this chapter, or any rules and regu- 8 lations promulgated pursuant thereto, or any term or condition of any 9 certificate or permit issued pursuant thereto, or any final determi- 10 nation or order of the commissioner made pursuant to article [19] nine- 11 teen of this chapter concerning a violation of section 19-0304 of this 12 chapter shall be guilty of a misdemeanor and, upon conviction thereof, 13 shall for a first conviction be punished by a fine not to exceed thir- 14 ty-seven thousand five hundred dollars per day of violation or by impri- 15 sonment for a term of not more than one year, or both such fine and 16 imprisonment. If the conviction is for an offense committed after a 17 first conviction of such person under this subdivision, punishment shall 18 be by a fine not to exceed seventy-five thousand dollars per day of 19 violation, or by imprisonment for not more than two years or by both 20 such fine and imprisonment. 21 3. Civil and administrative sanctions for corporations. Any corpo- 22 ration that violates any of the provisions of, or who fails to perform 23 any duty imposed by section 19-0304 of this chapter, or any rule or 24 regulation promulgated pursuant thereto, or any term or condition of any 25 certificate or permit issued pursuant thereto, or any final determi- 26 nation or order of the commissioner made pursuant to article nineteen of 27 this chapter concerning a violation of section 19-0304 of this chapter 28 shall be liable in the case of a first violation, for a civil penalty 29 not to exceed thirty-seven thousand five hundred dollars and an addi- 30 tional penalty of not more than thirty-seven thousand five hundred 31 dollars for each day during which such violation continues, to be 32 assessed by the commissioner after an opportunity to be heard pursuant 33 to the provisions of section 71-1709 of this article, or by the court in 34 any action or proceeding pursuant to section 71-2107 of this title, and, 35 in addition thereto, such corporation may by similar process be enjoined 36 from continuing such violation and any permit or certificate issued to 37 such corporation may be revoked or suspended or a pending renewal appli- 38 cation denied. In the case of a second and any further violation, the 39 liability shall be for a civil penalty not to exceed seventy-five thou- 40 sand dollars for each such violation and an additional penalty not to 41 exceed seventy-five thousand dollars for each day during which such 42 violation continues. 43 4. Criminal sanctions for corporations. Any corporation that, acting 44 through its officers, employees, or agents, having any of the culpable 45 mental states defined in section 15.05 of the penal law, shall violate 46 any of the provisions of or that fails to perform any duty imposed by 47 section 19-0304 of this chapter, or any rules and regulations promulgat- 48 ed pursuant thereto, or any term or condition of any certificate or 49 permit issued pursuant thereto, or any final determination or order of 50 the commissioner made pursuant to article nineteen of this chapter 51 concerning a violation of section 19-0304 of this chapter shall be guil- 52 ty of a misdemeanor and, upon conviction thereof, shall for a first 53 conviction be punished by a fine not to exceed three hundred seventy- 54 five thousand dollars per day of violation. If the conviction is for an 55 offense committed after a first conviction of such corporation under 
 S. 9856 6 1 this subdivision, punishment shall be by a fine not to exceed seven 2 hundred fifty thousand dollars per day of violation. 3 § 7. Section 71-1905 of the environmental conservation law is amended 4 to read as follows: 5 § 71-1905. Enforcement of section 17-1705. 6 1. Any person other than a corporation violating any provision of 7 section 17-1705 of this chapter shall forfeit to the county where the 8 violation occurred the sum of fifty dollars for every such violation. 9 2. Any corporation violating any provision of section 17-1705 of this 10 chapter shall forfeit to the county where the violation occurred the sum 11 of five hundred dollars for every such violation. 12 § 8. Section 71-1907 of the environmental conservation law is amended 13 to read as follows: 14 § 71-1907. Enforcement of section 17-1707. 15 1. Every person other than a corporation violating any provision of 16 section 17-1707 of this chapter shall forfeit to the municipality having 17 a local board of health where the violation occurs the sum of twenty- 18 five dollars for the first day when the violation takes place, and the 19 sum of ten dollars for every subsequent day that such violation is 20 repeated or continued. 21 2. The board of health of any such municipality shall examine into any 22 alleged offense against section 17-1707 of this chapter and cause the 23 same to be abated, if found to exist. 24 3. Any corporation violating any provision of section 17-1707 of this 25 chapter shall forfeit to the municipality having a local board of health 26 where the violation occurs the sum of twenty-five hundred dollars for 27 the first day when the violation takes place, and the sum of one thou- 28 sand dollars for every subsequent day that such violation is repeated or 29 continued. 30 § 9. Section 71-1909 of the environmental conservation law, subdivi- 31 sion 2 as amended by section 35 of part C of chapter 62 of the laws of 32 2003, is amended to read as follows: 33 § 71-1909. Enforcement of section 17-1709. 34 1. Any board of health named in subdivision [1] one of section 17-1709 35 of this chapter shall examine into any alleged offense against section 36 17-1709 of this chapter within its jurisdiction and cause the same to be 37 abated, by injunction or otherwise, if found to exist. 38 2. Any person other than a corporation violating any provision of 39 section 17-1709 of this chapter shall be guilty of a misdemeanor, and 40 punishable by a fine of not more than seven hundred fifty dollars or by 41 imprisonment for not more than one year or by both such fine and impri- 42 sonment. 43 3. Any corporation violating any provision of section 17-1709 of this 44 chapter shall be guilty of a misdemeanor, and punishable by a fine of 45 not more than seventy-five hundred dollars. 46 § 10. Section 71-1911 of the environmental conservation law, as 47 amended by section 36 of part C of chapter 62 of the laws of 2003, is 48 amended to read as follows: 49 § 71-1911. Enforcement of section 17-1711. 50 1. Any person other than a corporation violating any provision of 51 section 17-1711 of this chapter shall be guilty of an offense, and 52 punishable by a fine of not more than seventy-five dollars. 53 2. Any corporation violating any provision of section 17-1711 of this 54 chapter shall be guilty of an offense, and punishable by a fine of not 55 more than seven hundred fifty dollars. 
 S. 9856 7 1 § 11. Section 71-1913 of the environmental conservation law is amended 2 to read as follows: 3 § 71-1913. Enforcement of section 17-1713. 4 1. Any board of health named in subdivision [1] one of section 17-1713 5 of this chapter shall examine into any alleged offense against section 6 17-1713 of this chapter within its jurisdiction and cause the same to be 7 abated, by injunction or otherwise, if found to exist. 8 2. Any person other than a corporation violating any provision of 9 section 17-1713 of this chapter shall be guilty of a misdemeanor, and 10 punishable by a fine of not more than five hundred dollars or by impri- 11 sonment for not more than one year or by both such fine and imprison- 12 ment. 13 3. Any corporation violating any provision of section 17-1713 of this 14 chapter shall be guilty of a misdemeanor, and punishable by a fine of 15 not more than five thousand dollars. 16 § 12. Section 71-1915 of the environmental conservation law is amended 17 to read as follows: 18 § 71-1915. Enforcement of section 17-1715. 19 1. Any person other than a corporation violating any provision of 20 section 17-1715 of this chapter shall be guilty of a misdemeanor, and 21 punishable by a fine of not more than five hundred dollars or by impri- 22 sonment for not more than one year or by both such fine and imprison- 23 ment. 24 2. It shall be the duty of the board of health of any municipality 25 where any violation of section 17-1715 of this chapter shall occur to 26 cause the same to be abated; provided that any person aggrieved by any 27 such fall, flow or discharge may also cause such abatement, by injunc- 28 tion or other appropriate action or proceeding. 29 3. Any corporation violating any provision of section 17-1715 of this 30 chapter shall be guilty of a misdemeanor, and punishable by a fine of 31 not more than five thousand dollars. 32 § 13. Section 71-1921 of the environmental conservation law is amended 33 to read as follows: 34 § 71-1921. Enforcement of section 17-1729. 35 1. Any person other than a corporation putting in or constructing or 36 maintaining a conduit, discharge pipe or other means of discharging or 37 casting any refuse or waste matter in violation of section 17-1729 of 38 this chapter shall forfeit to the people of the state five dollars a day 39 for each day the same is used or maintained for such purpose, to be 40 collected in an action brought by the commissioner. 41 2. The commissioner may maintain an action in the name of the people 42 to restrain a violation of section 17-1729 of this chapter. 43 3. Any corporation putting in or constructing or maintaining a 44 conduit, discharge pipe or other means of discharging or casting any 45 refuse or waste matter in violation of section 17-1729 of this chapter 46 shall forfeit to the people of the state fifty dollars a day for each 47 day the same is used or maintained for such purpose, to be collected in 48 an action brought by the commissioner. 49 § 14. Subdivision 1 of section 71-1929 of the environmental conserva- 50 tion law, as amended by section 37 of part C of chapter 62 of the laws 51 of 2003, is amended and a new subdivision 5 is added to read as follows: 52 1. A person other than a corporation who violates any of the 53 provisions of, or who fails to perform any duty imposed by titles [1] 54 one through [11] eleven inclusive and title [19] nineteen of article 55 [17] seventeen of this chapter, or the rules, regulations, orders or 56 determinations of the commissioner promulgated thereto or the terms of 
 S. 9856 8 1 any permit issued thereunder, shall be liable to a penalty of not to 2 exceed thirty-seven thousand five hundred dollars per day for each 3 violation, and, in addition thereto, such person may be enjoined from 4 continuing such violation as hereinafter provided. Violation of a permit 5 condition shall constitute grounds for revocation of such permit, which 6 revocation may be accomplished either as provided in paragraph f of 7 subdivision [4] four of section 17-0303 of this chapter or by order of 8 judgment of the supreme court as an alternate or additional civil penal- 9 ty in an action brought pursuant to subdivision [3] three of this 10 section. 11 5. A corporation that violates any of the provisions of, or who fails 12 to perform any duty imposed by titles one through eleven inclusive and 13 title nineteen of article seventeen of this chapter, or the rules, regu- 14 lations, orders or determinations of the commissioner promulgated there- 15 to or the terms of any permit issued thereunder, shall be liable to a 16 penalty of not to exceed three hundred seventy-five thousand dollars per 17 day for each violation, and, in addition thereto, such corporation may 18 be enjoined from continuing such violation as hereinafter provided. 19 Violation of a permit condition shall constitute grounds for revocation 20 of such permit, which revocation may be accomplished either as provided 21 in paragraph f of subdivision four of section 17-0303 of this chapter or 22 by order of judgment of the supreme court as an alternate or additional 23 civil penalty in an action brought pursuant to subdivision three of this 24 section. 25 § 15. Section 71-1941 of the environmental conservation law, as added 26 by chapter 400 of the laws of 1973, subdivision 1 as amended by section 27 40 of part C of chapter 62 of the laws of 2003, and subdivision 2 as 28 amended by chapter 613 of the laws of 1983, is amended to read as 29 follows: 30 § 71-1941. Penalties and liability for spills of bulk liquids. 31 1. Except where the owner of or a person other than a corporation in 32 actual or constructive possession or control of more than one thousand 33 one hundred gallons, in bulk, of any liquid including petroleum which, 34 if released, would or would be likely to pollute the lands or waters of 35 the state including the groundwaters thereof can prove that the entry or 36 presence of any part of such liquid onto such lands or into or in such 37 waters causing or contributing to a condition therein in contravention 38 of the standards adopted or deemed adopted by the water pollution 39 control board or any of its legal successors was caused solely by (A) an 40 act of God, (B) an act of war, (C) negligence on the part of the United 41 States or New York State Government or (D) an act or omission of a third 42 party without regard to whether any such act or omission was or was not 43 negligent, or any combination of the foregoing clauses, such owner or 44 person shall be liable for a penalty of not more than three thousand 45 seven hundred fifty dollars for an initial incident resulting in or 46 contributing to such a contravention and for an additional penalty not 47 to exceed seven hundred fifty dollars for each day during which such 48 contravention or contribution thereto continues, and in addition shall 49 be liable to the people of the state of New York for the actual costs 50 incurred by or on behalf of the people of the state for the removal or 51 neutralization of such liquid and for any and all reasonable measures 52 taken or attempted to reduce, limit or diminish the extent or effect of 53 such contravention. 54 2. Such penalty or reimbursement or both due the people of the state 55 by reason of the liability provided in subdivision one of this section 56 may be assessed by the commissioner by order after a hearing or hearings 
 S. 9856 9 1 noticed and conducted and reviewable as provided in title nine of arti- 2 cle seventeen of this chapter, or opportunity to be heard, or be recov- 3 ered in an action or actions brought by the attorney general. 4 3. In assessing the amount of any such penalty the commissioner or 5 court shall consider: 6 a. The type, extent and amount of damage which resulted from such 7 incident. 8 b. The degree of care taken by or on behalf of the party charged to 9 prevent the occurrence of the incident. 10 c. The efforts made by or on behalf of the party charged to reduce or 11 mitigate the damage which resulted from the incident. 12 4. Except where a corporation that is an owner of or in actual or 13 constructive possession or control of more than one thousand one hundred 14 gallons, in bulk, of any liquid including petroleum which, if released, 15 would or would be likely to pollute the lands or waters of the state 16 including the groundwaters thereof can prove that the entry or presence 17 of any part of such liquid onto such lands or into or in such waters 18 causing or contributing to a condition therein in contravention of the 19 standards adopted or deemed adopted by the water pollution control board 20 or any of its legal successors was caused solely by (A) an act of God, 21 (B) an act of war, (C) negligence on the part of the United States or 22 New York State Government or (D) an act or omission of a third party 23 without regard to whether any such act or omission was or was not negli- 24 gent, or any combination of the foregoing clauses, such corporation 25 shall be liable for a penalty of not more than thirty-seven thousand 26 five hundred dollars for an initial incident resulting in or contribut- 27 ing to such a contravention and for an additional penalty not to exceed 28 seventy-five hundred dollars for each day during which such contraven- 29 tion or contribution thereto continues, and in addition shall be liable 30 to the people of the state of New York for the actual costs incurred by 31 or on behalf of the people of the state for the removal or neutraliza- 32 tion of such liquid and for any and all reasonable measures taken or 33 attempted to reduce, limit or diminish the extent or effect of such 34 contravention. 35 § 16. Section 71-1943 of the environmental conservation law, as 36 amended by section 41 of part C of chapter 62 of the laws of 2003, is 37 amended to read as follows: 38 § 71-1943. Enforcement of section 17-1743. 39 1. Any person other than a corporation who fails to so notify the 40 department of such release, discharge or spill into the waters of the 41 state as described in section 17-1743 of this chapter shall, upon 42 conviction, be fined not more than three thousand seven hundred fifty 43 dollars or imprisoned for not more than one year, or both. 44 2. Any corporation that fails to so notify the department of such 45 release, discharge or spill into the waters of the state as described in 46 section 17-1743 of this chapter shall, upon conviction, be fined not 47 more than thirty-seven thousand five hundred dollars. 48 § 17. Section 71-1945 of the environmental conservation law, as added 49 by chapter 205 of the laws of 2010, is amended to read as follows: 50 § 71-1945. Enforcement of title 21 of article 17. 51 1. Except as otherwise provided in this section, any person other than 52 a corporation who violates any provision of title [21] twenty-one of 53 article [17] seventeen of this chapter or any rule, regulation or order 54 issued thereunder shall be liable to the people of the state for a civil 55 penalty not to exceed five hundred dollars for a first violation, and 
 S. 9856 10 1 not to exceed one thousand dollars for each subsequent violation, to be 2 assessed by the commissioner after a hearing or opportunity to be heard. 3 2. Any owner or owner's agent, or occupant of a household who violates 4 any provision of title [21] twenty-one of article [17] seventeen of this 5 chapter or any rule, regulation or order issued thereunder shall, for a 6 first violation be issued a written warning and be provided educational 7 materials. Upon a second violation, the owner or owner's agent, or occu- 8 pant of a household shall be liable to the people of the state for a 9 civil penalty not to exceed one hundred dollars, and for any subsequent 10 violations shall be liable to the people of the state for a civil penal- 11 ty not to exceed two hundred fifty dollars. No owner or owner's agent of 12 a household shall be held liable for any violation by an occupant. Such 13 penalties may be assessed by the commissioner after a hearing or oppor- 14 tunity to be heard. 15 3. Except as otherwise provided in this section, any corporation that 16 violates any provision of title twenty-one of article seventeen of this 17 chapter or any rule, regulation or order issued thereunder shall be 18 liable to the people of the state for a civil penalty not to exceed five 19 thousand dollars for a first violation, and not to exceed ten thousand 20 dollars for each subsequent violation, to be assessed by the commission- 21 er after a hearing or opportunity to be heard. 22 § 18. Section 71-4003 of the environmental conservation law, as 23 amended by chapter 99 of the laws of 2010, is amended to read as 24 follows: 25 § 71-4003. General civil penalty. 26 1. Except as otherwise specifically provided elsewhere in this chap- 27 ter, a person other than a corporation who violates any provision of 28 this chapter, or any rule, regulation or order promulgated pursuant 29 thereto, or the terms or conditions of any permit issued thereunder, 30 shall be liable to a civil penalty of not more than one thousand 31 dollars, and an additional civil penalty of not more than one thousand 32 dollars for each day during which each such violation continues. Any 33 civil penalty provided for by this chapter may be assessed following a 34 hearing or opportunity to be heard. 35 2. Except as otherwise specifically provided elsewhere in this chap- 36 ter, a corporation who violates any provision of this chapter, or any 37 rule, regulation or order promulgated pursuant thereto, or the terms or 38 conditions of any permit issued thereunder, shall be liable to a civil 39 penalty of not more than ten thousand dollars, and an additional civil 40 penalty of not more than ten thousand dollars for each day during which 41 each such violation continues. Any civil penalty provided for by this 42 chapter may be assessed following a hearing or opportunity to be heard. 43 § 19. This act shall take effect on the ninetieth day after it shall 44 have become a law.