What's happening
This bill requires the state to immediately notify local officials and nearby landowners of petroleum discharges that could impact them.
Why it matters
Speeds up critical notifications to local leaders and residents. By requiring the state to inform municipal executives and affected landowners right after a petroleum spill, the bill ensures those closest to the hazard are alerted in time to take protective measures for health, safety, and property.
Targets those most at risk, including those near the incident and with vulnerable water supplies. The requirement to notify not just adjacent but also “nearby” landowners or tenants whose property or drinking water could be impacted broadens the circle of protection, potentially preventing harm before contamination spreads.
Improves transparency and accountability in spill response. Direct notification from the state means local officials and residents won’t have to rely on delayed secondhand reports, empowering them to demand quicker action, participate in response decisions, and monitor remediation efforts.
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Who cares
Headline styles
Notify Landowners of Oil Spills
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 4
No co-sponsors yet.
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.
Notify Landowners of Oil Spills
In Assembly Committee · Environmental Conservation · Sponsor Steven Englebright
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
617
2017-2018 Regular Sessions
IN SENATE
January 4, 2017
Introduced by Sen. BOYLE -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the navigation law, in relation to notification of petroleum discharge
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 175 of the navigation law, as amended by chapter 35 of the laws of 1985, is amended to read as follows:
§ 175. Notification by persons responsible for discharge. 1. Any person responsible for causing a discharge shall immediately notify the department pursuant to rules and regulations established by the department, but in no case later than two hours after the discharge. Failure to so notify shall make persons liable to the penalty provisions of section [192] one hundred ninety-two of this article. Notwithstanding the provisions of any other law, such notification to the department shall be deemed to fulfill the notification requirements of any other state or local law.
2. Upon notification of a discharge, pursuant to subdivision one of this section, the department shall immediately notify the municipal chief executive, all landowners or tenants adjacent to the site of the discharge and/or any nearby landowners or tenants whose property or drinking water supply may be potentially impacted by such discharge.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05449-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the navigation law, in relation to notification of petroleum discharge
Purpose or general idea of the bill
This bill would require the Department of Environmental Conservation (DEC), upon notification of a petroleum discharge, to immediately notify all potentially impacted tenants and neighbors.
Summary of provisions
Adds a new subdivision 2 to section 175 of the navigation law to require DEC to immediately notify all landowners or tenants adjacent to the site of a petroleum discharge and/or any nearby landowners or tenants whose property or drinking water supply may be potentially impacted by such discharge.
Justification
Current law requires any person responsible for a petroleum discharge to notify DEC within two hours. This requirement is inadequate in that neighbors are not notified of the release. This bill, by requiring DEC to notify neighboring property owners and tenants of a petroleum discharge, will help protect nearby property owners and their drinking water supply. A discharge from an underground gasoline storage tank in New Windsor, New York contaminated the drinking water of nearby residents. DEC knew for over a year that the release had contaminated the groundwater but failed to notify the surrounding neighbors. Many of the affected residents complained of headaches, nausea, dizziness, skin rashes and sore throats. The gasoline contained MTBE (methyl tertiary butylether) the additive blended with gasoline to produce oxygenated fuel. These people were drinking contaminated water for close to a year without any official notification from state and county officials.
Legislative history
06/25/01 passed assembly (A.5200) 03/13/02 passed assembly 03/03/03 passed assembly (A3647) 02/02/04 passed assembly 2005-06 A.5387 passed assembly 2007-08 A843 passed assembly 2009-10 A1588 referred to environmental conservation 2011-12 A.3885 environmental conservation 2015-16 referred to environmental conservation
Fiscal implications
DEC will incur some minor additional administrative costs in carrying out the provisions of this bill.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.