What's happening
This bill makes failure to report the release of hazardous substances a class A misdemeanor, and a repeat offense a class E felony.
Why it matters
Raises personal accountability. The bill specifically targets individuals (not just companies), making it a criminal offense if a person fails to report the release of hazardous substances, signaling a shift toward holding people directly responsible for environmental safety.
Strengthens deterrence with escalating penalties. By making repeat offenses a felony, the law increases consequences for habitual violators, which could encourage stricter compliance and ongoing vigilance among those who manage or handle hazardous substances.
Emphasizes protection of public health and the environment. The law focuses on substances that are hazardous or acutely hazardous to public health, safety, or the environment, underlining the state's commitment to preventing harm from chemical releases and ensuring timely response to environmental disasters.
Potential for broader enforcement. The explicit criminalization of failure to report may empower environmental authorities to act more decisively against non-compliance, potentially leading to increased investigations and prosecutions, and setting a precedent for similar laws in other jurisdictions.
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Who cares
Headline styles
Penalize Not Reporting Hazards
Plain English, a few words. Used as the page title.
Sponsors
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History
- 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.
Report Hazardous Spills or Else
In Senate Committee · Environmental Conservation · Sponsor Liz Krueger
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3222
2017-2018 Regular Sessions
IN ASSEMBLY
January 27, 2017
Introduced by M. of A. ROSENTHAL -- 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 Assembly, do enact as follows:
Section 1. The environmental conservation law is amended by adding a new section 71-3705 to read as follows: § 71-3705. Failure to report release of hazardous substances.
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 to notify the department of a release of a reportable quantity of a hazardous substance that is 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 first of December next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05439-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.