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History
- Referred to rules
Companion bill
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Provides that the failure to report a release of hazardous substances is a class A misdemeanor
In Assembly Committee · Rules · Sponsor Brian Kavanagh
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S7684
Title of bill
An act to amend the environmental conservation law, in relation to notification of the release of hazardous substances
Purpose
Provides that the failure to report a release of hazardous substances is a class A misdemeanor.
Summary of provisions
Section 1 of the bill amends the environmental conservation law by adding a new section 71-3704 which would make it a violation of law for any person to fail to notify the DEC, within 2 hours, of any release of a reportable quantity of a hazardous substance. This section also establishes that an initial violation of this section constitutes a class A misdemeanor, and each subsequent violation would constitute a class E felony,
Section 2 of the bill establishes the effective date.
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
2010: A.00349A (Kavanagh) - Rules 2009: A.00349 (Kavanagh) - Rules 2008: A.08587A (Kavanagh) - Codes 2007: A.08587 (Kavanagh) - Codes
A similar bill (A.8461) was introduced in the 2003-04 legislative session and passed the Assembly on June 22, 2004. It was also
introduced as A.07602 in 05-06 session and reached 3rd Reading in the Assembly.
Fiscal impact on the state
There are no fiscal implications.
Effective date
This act shall take effect on the one hundred eightieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.