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A1588Assembly2009-2010 Session

Requires landowners to be notified of a petroleum discharge

Sponsor Steven EnglebrightAD-4+1 co-sponsorAffects Environment & Energy
Status
In Assembly Committee
Environmental Conservation
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Environmental Conservation

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Who cares

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Sponsors

Primary sponsor
Steven Englebright

Assembly Member · Assembly District 4

1 Co-sponsor

History

  1. Referred to environmental conservation
  2. Amended on third reading 1588a
  3. Vote reconsidered - restored to third reading
  4. Returned to assembly
  5. Recalled from senate
  6. Referred to environmental conservation
  7. Delivered to senate
  8. Passed assembly
  9. Advanced to third reading cal.182
  10. Reported
  11. Referred to environmental conservation

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A1588A

Title of bill

An act to amend the navigation law, in relation to notification of petroleum discharge

Purpose or general idea of the bill

This bill would require the Department of Environmental Conservation (DEC), upon notification of a petroleum discharge, to immediately notify all potentially impacted tenants and neighbors.

Summary of provisions

Adds a new subdivision 2 to section 175 of the navigation law to require DEC to immediately notify all landowners or tenants adjacent to the site of a petroleum discharge and/or any nearby landowners or tenants whose property or drinking water supply may be potentially impacted by such discharge.

Justification

Current law requires any person responsible for a petroleum discharge to notify DEC within two hours. This requirement is inadequate in that neighbors are not notified of the release. This bill, by requiring DEC to notify neighboring property owners and tenants of a petroleum discharge, will help protect nearby property owners and their drinking water supply. A discharge from an underground gasoline storage tank in New Windsor, New York contaminated the drinking water of nearby residents. DEC knew for over a year that the release had contaminated the groundwater but failed to notify the surrounding neighbors. Many of the affected residents complained of headaches, nausea, dizziness, skin rashes and sore throats. The gasoline contained MTBE (methyl tertiary butyl ether) the additive blended with gasoline to produce oxygenated fuel. These people were drinking contaminated water for close to a year without any official notification from state and county officials.

Legislative history

06/25/01 passed assembly (A.5200) 03/13/02 passed assembly 03/03/03 passed assembly (A3647) 02/02/04 passed assembly 2005-06 A.5387 passed assembly 2007-08 A843 passed assembly, delivered to senate, referred to environmental conservation

Fiscal implications

DEC will incur some minor additional administrative costs in carrying out the provisions of this bill.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.