| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 24, 2014 |
print number 3425a |
| Jan 24, 2014 |
amend and recommit to environmental conservation |
| Jan 08, 2014 |
referred to environmental conservation |
| Feb 01, 2013 |
referred to environmental conservation |
Senate Bill S3425A
2013-2014 Legislative Session
Sponsored By
(D, WF) 28th Senate District
Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee
Actions
Bill Amendments
co-Sponsors
(D, WF) Senate District
(D, WF) 21st Senate District
2013-S3425 - Details
- See Assembly Version of this Bill:
- A3866
- Current Committee:
- Senate Environmental Conservation
- Law Section:
- Environmental Conservation Law
- Laws Affected:
- Add §71-3704, En Con L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S3596, A5654
2011-2012: S521, A1719
2015-2016: S2555, A598
2017-2018: S4161, A3222
2019-2020: S2722, A1457
2021-2022: S1375
2023-2024: S2128
2025-2026: S2137
2013-S3425 - Sponsor Memo
BILL NUMBER:S3425
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 PROVISIONS: The bill adds a new section 71-3704 to the Envi-
ronmental Conservation Law to require notification to the Department of
Environmental Conservation 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 Envi-
ronmental 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 the release occurred, it is difficult -- if not impossible -- to
determine the specific amount of hazardous substance released.
This statutory scheme creates a great 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-
2013-S3425 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
3425
2013-2014 Regular Sessions
I N S E N A T E
February 1, 2013
___________
Introduced by Sens. KRUEGER, HASSELL-THOMPSON, PARKER -- 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 HAZARDOUS SUBSTANCES.
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 TO NOTIFY THE DEPARTMENT OF A RELEASE OF A REPORTABLE QUANTITY OF
A HAZARDOUS 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 November 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.
LBD01226-01-3
co-Sponsors
(D, WF) Senate District
(D, WF) 21st Senate District
2013-S3425A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A3866
- Current Committee:
- Senate Environmental Conservation
- Law Section:
- Environmental Conservation Law
- Laws Affected:
- Add §71-3704, En Con L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S3596, A5654
2011-2012: S521, A1719
2015-2016: S2555, A598
2017-2018: S4161, A3222
2019-2020: S2722, A1457
2021-2022: S1375
2023-2024: S2128
2025-2026: S2137
2013-S3425A (ACTIVE) - Sponsor Memo
BILL NUMBER:S3425A
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:
The bill adds a new section 7l-3704 to the Environmental Conservation
Law to require notified: Ion to the Department of Environmental Conser-
vation 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 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 the
release occurred, it is difficult -- if not impossible -- to determine
2013-S3425A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
3425--A
2013-2014 Regular Sessions
I N S E N A T E
February 1, 2013
___________
Introduced by Sens. KRUEGER, HASSELL-THOMPSON, PARKER -- read twice and
ordered printed, and when printed to be committed to the Committee on
Environmental Conservation -- recommitted to the Committee on Environ-
mental Conservation in accordance with Senate Rule 6, sec. 8 --
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 HAZARDOUS SUBSTANCES.
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 TO NOTIFY THE DEPARTMENT OF A RELEASE OF A REPORTABLE QUANTITY OF
A HAZARDOUS 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.
LBD01226-03-4
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