What's happening
This bill makes it a crime to not report hazardous substance releases within two hours, with escalating penalties for repeat offenses.
Why it matters
Creates strong legal incentives for immediate action. By making failure to report hazardous substance releases within two hours a criminal offense, the bill pushes individuals and organizations to act quickly, potentially reducing harm to public health and the environment.
Escalates consequences for repeat offenders. The shift from a misdemeanor to a felony for subsequent violations means that habitual non-reporters face much steeper penalties, increasing deterrence and accountability over time.
Targets both individuals and organizations. The language applies to “any person,” which could include company officials, employees, or contractors, ensuring broad responsibility for compliance and reducing loopholes for avoidance.
Aligns with environmental justice priorities. Faster reporting requirements mean state agencies and the public can respond more effectively to environmental hazards, particularly benefiting vulnerable communities often disproportionately affected by toxic releases.
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Who cares
Headline styles
Report Toxic Spills or Face Charges
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to environmental conservation
- Referred to environmental conservation
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2629
2019-2020 Regular Sessions
IN SENATE
January 28, 2019
Introduced by Sen. LANZA -- 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 71-3704 to read as follows: § 71-3704. Failure to report release of a hazardous substance.
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 within two hours to notify the department of a release of a reportable quantity of a substance 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 one hundred eightieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07415-01-9
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
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 estab- lishes 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 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 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 indi- viduals 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
2018: S.6224 - Referred to Environmental Conservation 2017: S.6224 - Referred to Environmental Conservation 2016: S.3360 - Referred to Environmental Conservation /A.5562 - Referred to Environmental Conservation 2015: S.3360 - Referred to Environmental Conservation / A.5562 - Referred to Rules 2014: S.3596 - Committed to Rules / A.269 - 3rd Reading Calendar 2013: S.3596 - Referred to Environmental Conservation /A. 3rd Reading Calendar 2012: S.7684 - Referred to Rules / A.5585 - Referred to Rules 2011: A.5585 - Referred to Codes
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.