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Who cares
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Sponsors
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History
- Referred to environmental conservation
- Referred to environmental conservation
Full text
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Sponsor's memo
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 specific provisions
The bill adds a new section 71-3704 to the Environmental Conservation Law to require notification to the Department of Environmental Conservation within two hours 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 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 such a release occurred, it is difficult -- if not impossible -- to determine the specific amount of hazardous substance released. This statutory scheme creates a 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 individuals who conceal releases frequently can be charged with only a misdemeanor. This bill addresses this problem by following the approach used in federal law (42 U.S.C. § 9603) by criminalizing the failure to report the release of a hazardous substance. This will provide an incentive for individuals to report such releases, and punish those who continue to conceal their wrongdoing, In addition, early reporting of releases will allow DEC to become involved in clean-up efforts more quickly, thereby helping to protect the environment and the health and safety of New York residents.
Legislative history
2008: S.7833 - Referred to Environmental Conservation/A.8587 Reported to Codes 2007: A.8587 - Reported to Codes
Fiscal implications
None.
Effective date
This act shall take effect on the first day of December following enactment.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.