senate Bill S3596

Provides that the failure to report a release of hazardous substances is a class A misdemeanor

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Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 07 / Feb / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 20 / May / 2014
    • 1ST REPORT CAL.806
  • 21 / May / 2014
    • 2ND REPORT CAL.
  • 28 / May / 2014
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2014
    • COMMITTED TO RULES

Summary

Provides that the failure to report a release of hazardous substances is a class A misdemeanor and any such subsequent violation shall be a class E felony.

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Bill Details

See Assembly Version of this Bill:
A269
Versions:
S3596
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Environmental Conservation Law
Laws Affected:
Add §71-3704, En Con L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S7684, A5585
2009-2010: A349A, S8191, A349A
2007-2008: A8587A, A8587A

Votes

11
0
11
Aye
0
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
show Environmental Conservation committee vote details

Sponsor Memo

BILL NUMBER:S3596

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to notification of the release of hazardous substances

PURPOSE: Provides that the failure to report a release of hazardous
substances is a class A misdemeanor.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends the environmental conservation law by
adding a new section 71-3704 which would make it a violation of law for
any person to fail to notify the DEC, within 2 hours, of any release of
a reportable quantity of a hazardous substance. This section also estab-
lishes that an initial violation of this section constitutes a class A
misdemeanor, and each subsequent violation would constitute a class E
felony,

Section 2 of the bill establishes the effective date.

JUSTIFICATION: In order to establish a criminal violation of the Envi-
ronmental Conservation Law, it is often necessary to prove the amount of
hazardous substances released into the environment. Unfortunately, by
the time the Department of Environmental Conservation (DEC) discovers
that such a release occurred, it is difficult- if not impossible - to
determine the specific amount of hazardous substance released.

This statutory scheme creates a disincentive for individuals to report
releases of hazardous substances. If an individual reports such a
release quickly, DEC is better able to determine the amount of the
release, which makes it easier to prove a felony violation, while indi-
viduals who conceal releases frequently can be charged with only a
misdemeanor.

This bill addresses this problem by following the approach used in
federal law (42 U.S.C. § 9603) by criminalizing the failure to report
the release of a hazardous substance. This will provide an incentive for
individuals to report such releases, and punish' those who continue to
conceal their wrongdoing. In addition, early reporting of releases will
allow DEC to become involved in clean-up efforts more quickly, thereby
helping to protect the environment and the health and safety of New York
residents.

LEGISLATIVE HISTORY: 2012: S.7684 - Referred to Rules/A.5585 Referred
to Rules 2010: A.00349A (Kavanagh) - Rules 2009: A.00349 (Kavanagh) -
Rules 2008: A.08587A (Kavanagh) - Codes 2007: A.08587 (Kavanagh) - Codes

A similar bill (A.8461) was introduced in the 2003-04 legislative
session and passed the Assembly on June 22, 2004. It was also introduced
as A.07602 in 05-06 session and reached 3rd Reading in the Assembly.

FISCAL IMPACT ON THE STATE: There are no fiscal implications.

EFFECTIVE DATE: This act shall take effect on the one hundred eightieth
day after it shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3596

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 7, 2013
                               ___________

Introduced  by  Sen.  LANZA  -- 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
  notification of the release of hazardous substances

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The environmental conservation law is amended by  adding  a
new section 71-3704 to read as follows:
S 71-3704. FAILURE TO REPORT RELEASE OF A HAZARDOUS SUBSTANCE.
  ANY  PERSON  WHO  VIOLATES  ANY  OF THE PROVISIONS OF, OR WHO FAILS TO
PERFORM ANY DUTY IMPOSED BY SECTION 37-0107 OF  THIS  CHAPTER,  AND  WHO
FAILS  WITHIN  TWO  HOURS  TO  NOTIFY  THE  DEPARTMENT OF A RELEASE OF A
REPORTABLE QUANTITY OF A SUBSTANCE HAZARDOUS  OR  ACUTELY  HAZARDOUS  TO
PUBLIC  HEALTH,  SAFETY OR THE ENVIRONMENT SHALL BE GUILTY OF FAILURE TO
REPORT RELEASE OF A HAZARDOUS SUBSTANCE. FAILURE TO REPORT RELEASE OF  A
HAZARDOUS  SUBSTANCE  SHALL BE A CLASS A MISDEMEANOR; PROVIDED, HOWEVER,
THAT IF A DEFENDANT HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF THIS
SECTION, SUCH SUBSEQUENT VIOLATION SHALL BE A CLASS E FELONY.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02318-01-3

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