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Sponsors
2 Co-sponsors
History
- Print number 3425a
- Amend and recommit to environmental conservation
- Referred to environmental conservation
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Provides that the failure to report a release of hazardous substances is a class A misdemeanor
In Assembly Committee · Environmental Conservation · Sponsor Linda Rosenthal
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S3425A
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 Environ- mental Conservation of a release of a reportable quantity of a hazardous substance.
Summary of provisions
The bill adds a new section 7l-3704 to the Environmental Conservation Law to require notified: Ion to the Department of Environmental Conser- vation 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 Conser- vation 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 the release occurred, it is difficult -- if not impossible -- to determine the specific amount of hazardous substance released.
This statutory scheme creates a great disincentive for individuals to report releases or 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 indi- viduals who conceal releases frequently can only be charged with a misdemeanor.
This bill addresses this problem by following the approach used in federal law (42 V.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.
Fiscal implications
None.
Legislative history
2009-2010: S.3596/A.5654 2007-2006: S.4753/A.7435
Effective date
On the first of December next succeeding the date on which 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.