Senate Bill S7684

                                BILL NUMBER:S7684

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

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

SUMMARY OF PROVISIONS:
Section 1 of the bill amends the environmental conservation law by
adding a new section 71-3704 which would make it a violation of law
for any person to fail to notify the DEC, within 2 hours, of any
release of a reportable quantity of a hazardous substance. This
section also establishes that an initial violation of this section
constitutes a class A misdemeanor, and each subsequent violation
would constitute a class E felony,

Section 2 of the bill establishes the effective date.

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:
2010: A.00349A (Kavanagh) - Rules
2009: A.00349  (Kavanagh) - Rules
2008: A.08587A (Kavanagh) - Codes
2007: A.08587  (Kavanagh) - Codes

A similar bill (A.8461) was introduced in the 2003-04 legislative
session and passed the Assembly on June 22, 2004. It was also


introduced as A.07602 in 05-06 session and reached 3rd Reading in the
Assembly.

FISCAL IMPACT ON THE STATE:
There are no fiscal implications.

EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.