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Assembly Bill A1588

2009-2010 Legislative Session

Requires landowners to be notified of a petroleum discharge

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2009-A1588 - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Navigation Law
Laws Affected:
Amd §175, Nav L
Versions Introduced in Other Legislative Sessions:
2011-2012: A3885
2013-2014: A4137
2015-2016: A1811
2017-2018: A1493
2019-2020: A2439
2021-2022: A4318
2023-2024: A4872

2009-A1588 - Summary

Provides that upon notification of a petroleum discharge, the department of environmental conservation shall notify the municipal chief executive and landowners or tenants adjacent to or neighboring the site of the discharge whose property or drinking water supply may be potentially impacted by such discharge.

2009-A1588 - Bill Text download pdf 

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

                                  1588

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, V. LOPEZ, EDDINGTON -- Multi-Spon-
  sored by -- M. of A.  COLTON, CYMBROWITZ, DIAZ, McENENY --  read  once
  and referred to the Committee on Environmental Conservation

AN  ACT  to  amend  the  navigation  law, in relation to notification of
  petroleum discharge

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

  Section 1. Section 175 of the navigation law, as amended by chapter 35
of the laws of 1985, is amended to read as follows:
  S  175.  Notification  by  persons  responsible  for discharge. 1. Any
person responsible for causing a discharge shall immediately notify  the
department  pursuant to rules and regulations established by the depart-
ment, but in no case later than two hours after the  discharge.  Failure
to  so  notify  shall  make  persons liable to the penalty provisions of
section [192] ONE HUNDRED NINETY-TWO of this article.    Notwithstanding
the  provisions  of  any  other law, such notification to the department
shall be deemed to fulfill the notification requirements  of  any  other
state or local law.
  2.  UPON  NOTIFICATION  OF A DISCHARGE, PURSUANT TO SUBDIVISION ONE OF
THIS SECTION, THE DEPARTMENT SHALL IMMEDIATELY NOTIFY ALL LANDOWNERS  OR
TENANTS ADJACENT TO THE SITE OF THE DISCHARGE AND/OR ANY NEARBY LANDOWN-
ERS OR TENANTS WHOSE PROPERTY OR DRINKING WATER SUPPLY MAY BE POTENTIAL-
LY IMPACTED BY SUCH DISCHARGE.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04765-01-9

co-Sponsors

multi-Sponsors

2009-A1588A (ACTIVE) - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Navigation Law
Laws Affected:
Amd §175, Nav L
Versions Introduced in Other Legislative Sessions:
2011-2012: A3885
2013-2014: A4137
2015-2016: A1811
2017-2018: A1493
2019-2020: A2439
2021-2022: A4318
2023-2024: A4872

2009-A1588A (ACTIVE) - Summary

Provides that upon notification of a petroleum discharge, the department of environmental conservation shall notify the municipal chief executive and landowners or tenants adjacent to or neighboring the site of the discharge whose property or drinking water supply may be potentially impacted by such discharge.

2009-A1588A (ACTIVE) - Sponsor Memo

2009-A1588A (ACTIVE) - Bill Text download pdf 

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

                                 1588--A
                                                        Cal. No. 182

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, V. LOPEZ, EDDINGTON -- Multi-Spon-
  sored by -- M. of A. COLTON, CYMBROWITZ,  McENENY  --  read  once  and
  referred  to  the Committee on Environmental Conservation -- passed by
  Assembly and delivered to the Senate, recalled from the  Senate,  vote
  reconsidered,  bill amended, ordered reprinted, retaining its place on
  the order of third reading

AN ACT to amend the navigation  law,  in  relation  to  notification  of
  petroleum discharge

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

  Section 1. Section 175 of the navigation law, as amended by chapter 35
of the laws of 1985, is amended to read as follows:
  S 175. Notification by  persons  responsible  for  discharge.  1.  Any
person  responsible for causing a discharge shall immediately notify the
department pursuant to rules and regulations established by the  depart-
ment,  but  in no case later than two hours after the discharge. Failure
to so notify shall make persons liable  to  the  penalty  provisions  of
section  [192]  ONE HUNDRED NINETY-TWO of this article.  Notwithstanding
the provisions of any other law, such  notification  to  the  department
shall  be  deemed  to fulfill the notification requirements of any other
state or local law.
  2. UPON NOTIFICATION OF A DISCHARGE, PURSUANT TO  SUBDIVISION  ONE  OF
THIS  SECTION,  THE  DEPARTMENT  SHALL  IMMEDIATELY NOTIFY THE MUNICIPAL
CHIEF EXECUTIVE, ALL LANDOWNERS OR TENANTS ADJACENT TO THE SITE  OF  THE
DISCHARGE  AND/OR  ANY  NEARBY  LANDOWNERS  OR TENANTS WHOSE PROPERTY OR
DRINKING WATER SUPPLY MAY BE POTENTIALLY IMPACTED BY SUCH DISCHARGE.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04765-08-9

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