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Assembly Bill A349

2009-2010 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2009-A349 - Details

See Senate Version of this Bill:
S1100
Current Committee:
Assembly Rules
Law Section:
Environmental Conservation Law
Versions Introduced in Other Legislative Sessions:
2011-2012: A5585
2013-2014: A269
2015-2016: A5562
2017-2018: A1001

2009-A349 - 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.

2009-A349 - Bill Text download pdf 

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

                                   349

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  KAVANAGH, SWEENEY, GREENE, STIRPE, DelMONTE,
  SCHIMEL, ZEBROWSKI, HOOPER -- Multi-Sponsored by -- M. of  A.  ALFANO,
  DIAZ,  ERRIGO, GABRYSZAK, GALEF, GLICK, KOON, MOLINARO, PHEFFER, RAIA,
  TOBACCO, WALKER, WEISENBERG -- read once and referred 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 first of December next succeed-
ing the date on which it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00902-01-9

co-Sponsors

multi-Sponsors

2009-A349A (ACTIVE) - Details

See Senate Version of this Bill:
S1100
Current Committee:
Assembly Rules
Law Section:
Environmental Conservation Law
Versions Introduced in Other Legislative Sessions:
2011-2012: A5585
2013-2014: A269
2015-2016: A5562
2017-2018: A1001

2009-A349A (ACTIVE) - 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.

2009-A349A (ACTIVE) - Bill Text download pdf 

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

                                 349--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A. KAVANAGH, SWEENEY, STIRPE, DelMONTE, SCHIMEL,
  HOOPER, TITONE -- Multi-Sponsored by -- M. of A. ALESSI, ALFANO, ERRI-
  GO, GABRYSZAK, GALEF, GLICK, HYER-SPENCER,  KOON,  MOLINARO,  PHEFFER,
  RAIA,  TOBACCO,  WEISENBERG -- read once and referred to the Committee
  on Environmental Conservation -- recommitted to the Committee on Envi-
  ronmental Conservation in accordance with Assembly Rule 3, sec.  2  --
  reported   and  referred  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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.
                                                           LBD00902-03-0

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