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Assembly Bill A5562

2015-2016 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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2015-A5562 (ACTIVE) - Details

See Senate Version of this Bill:
S3360
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add ยง71-3704, En Con L
Versions Introduced in Other Legislative Sessions:
2009-2010: A349, S8191
2011-2012: A5585, S7684
2013-2014: A269, S3596
2017-2018: A1001, S6224
2019-2020: S2629

2015-A5562 (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.

2015-A5562 (ACTIVE) - Bill Text download pdf 

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

                                  5562

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 27, 2015
                               ___________

Introduced  by  M.  of  A.  KAVANAGH,  COLTON, WEPRIN, GOTTFRIED, GALEF,
  ABINANTI -- read once and referred 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.
                                                           LBD01128-01-5

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