Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 15, 2010 |
referred to rules |
Senate Bill S8191
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Rules 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
Actions
2009-S8191 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A349
- Current Committee:
- Senate Rules
- Law Section:
- Environmental Conservation Law
- Laws Affected:
- Add §71-3704, En Con L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S7684, A5585
2013-2014: S3596, A269
2015-2016: S3360, A5562
2017-2018: S6224, A1001
2019-2020: S2629
2009-S8191 (ACTIVE) - Sponsor Memo
BILL NUMBER:S8191 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 Environ- mental Conservation of a release of a reportable quantity of a hazardous substance. SUMMARY OF PROVISIONS: A new section 71-3704 is added to the Environmental Conservation Law. JUSTIFICATION: In order to establish a criminal violation of the Environmental Conser- vation 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-
2009-S8191 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8191 I N S E N A T E June 15, 2010 ___________ Introduced by Sen. THOMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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. LBD00902-04-0
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