NY State Senate Bill 2009-S1100

Senate Bill S1100

2009-2010 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to environmental conservation
Jan 26, 2009	referred to environmental conservation

2009-S1100 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §71-3704, En Con L

2009-S1100 (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-S1100 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1100

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


 PURPOSE :
This bill makes it a crime to fail to notify the Department of
Environmental Conservation of a release of a reportable quantity of a
hazardous substance.

 SUMMARY OF SPECIFIC PROVISIONS :
The bill adds a new section 71-3704 to the Environmental Conservation
Law to require notification to the Department of Environmental
Conservation within two hours of a release of a reportable quantity of
a hazardous substance. A first violation of this new section is a
class A misdemeanor, and each subsequent violation is a class E
felony.

 JUSTIFICATION :
In order to establish a criminal violation of the Environmental
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
individuals 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 :
2008:  S.7833 - Referred to Environmental Conservation/A.8587 Reported
to Codes
2007:  A.8587 - Reported to Codes

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the first day of December following
enactment.

2009-S1100 (ACTIVE) - Bill Text download pdf

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

                                  1100

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 26, 2009
                               ___________

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 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

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