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Assembly Bill A5585

2011-2012 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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2011-A5585 (ACTIVE) - Details

See Senate Version of this Bill:
S7684
Current Committee:
Assembly Rules
Law Section:
Environmental Conservation Law
Laws Affected:
Add ยง71-3704, En Con L
Versions Introduced in Other Legislative Sessions:
2009-2010: A349, S8191
2013-2014: A269, S3596
2015-2016: A5562, S3360
2017-2018: A1001, S6224
2019-2020: S2629

2011-A5585 (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.

2011-A5585 (ACTIVE) - Bill Text download pdf 

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

                                  5585

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2011
                               ___________

Introduced  by M. of A. KAVANAGH, HOOPER, JAFFEE, MARKEY, SCHIMEL, STEV-
  ENSON, SWEENEY, TITONE -- Multi-Sponsored  by  --  M.  of  A.  CORWIN,
  GABRYSZAK,   GALEF,   GLICK,   McLAUGHLIN,  MOLINARO,  PHEFFER,  RAIA,
  P. RIVERA, THIELE, WEISENBERG -- read once and referred to the Commit-
  tee 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.
                                                           LBD00926-01-1

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