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Assembly Bill A1001

2017-2018 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 - Stricken

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2017-A1001 (ACTIVE) - Details

See Senate Version of this Bill:
S6224
Law Section:
Environmental Conservation Law
Laws Affected:
Add §71-3704, En Con L
Versions Introduced in Other Legislative Sessions:
2009-2010: A349, S8191
2011-2012: A5585, S7684
2013-2014: A269, S3596
2015-2016: A5562, S3360
2019-2020: S2629

2017-A1001 (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.

2017-A1001 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1001
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2017
                                ___________
 
 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:
 § 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.
   § 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.
                                                            LBD01450-01-7

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