What's happening
This bill makes it a crime to not report hazardous substance releases, with escalating penalties for repeat violations.
Why it matters
Creates strong legal consequences for failing to notify authorities about releases of hazardous substances. , increasing the incentive for individuals and businesses to promptly report incidents that could threaten public health and the environment.
Escalates penalties for repeat offenders. by upgrading subsequent violations from a misdemeanor to a felony, signaling that the state takes ongoing non-compliance seriously and intends to deter chronic violators.
Aims to improve early detection and response. to hazardous substance releases, potentially reducing harm to communities and ecosystems by ensuring that spills or leaks are reported and addressed more quickly.
Places clearer accountability on individuals and organizations. who handle hazardous substances, potentially encouraging better safety protocols and internal compliance measures to avoid criminal liability.
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Who cares
People subject to hazardous-substance reporting duties
Violating section 37-0107 and failing to notify the department of a reportable release would constitute a class A misdemeanor.
Defendants previously convicted of failing to report a release
A subsequent violation of the new section would be a class E felony.
Department of Environmental Conservation
The bill would establish criminal penalties for failing to notify the department of qualifying hazardous-substance releases.
Headline styles
Report Hazardous Spills or Else
Plain English, a few words. Used as the page title.
Sponsors
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.
Penalize Not Reporting Hazards
In Assembly Committee · Environmental Conservation · Sponsor Linda Rosenthal
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4161
2017-2018 Regular Sessions
IN SENATE
February 6, 2017
Introduced by Sens. KRUEGER, BAILEY, HAMILTON, HOYLMAN, PARKER, PERKINS -- read twice and ordered printed, and when printed to be committed 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.
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 provisions
The bill adds a new section 71-3705 to the Environmental Conservation Law to require notification to the Department of Environmental Conservation 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 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 individuals 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.
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.