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Senate Bill S3596

2013-2014 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 Senate Committee Rules Committee

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2013-S3596 (ACTIVE) - Details

See Assembly Version of this Bill:
A269
Current Committee:
Senate Rules
Law Section:
Environmental Conservation Law
Laws Affected:
Add §71-3704, En Con L
Versions Introduced in Other Legislative Sessions:
2009-2010: S8191, A349
2011-2012: S7684, A5585
2015-2016: S3360, A5562
2017-2018: S6224, A1001
2019-2020: S2629

2013-S3596 (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.

2013-S3596 (ACTIVE) - Sponsor Memo

2013-S3596 (ACTIVE) - Bill Text download pdf 

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

                                  3596

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 7, 2013
                               ___________

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 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.
                                                           LBD02318-01-3

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