What's happening
This bill makes it a crime to fail to notify authorities of the release of hazardous substances, with escalating penalties for repeat offenders.
Why it matters
Increases Accountability for Hazardous Releases. By criminalizing failure to report hazardous substance releases, the bill puts direct legal responsibility on individuals and entities, potentially leading to safer handling practices and more diligent monitoring.
Escalating Legal Consequences. The move from a misdemeanor for first offenses to a felony for repeat offenses raises the stakes significantly, acting as a strong deterrent against repeated non-compliance and signaling the seriousness of environmental reporting violations.
Public Health & Environmental Protection. Prompt reporting of hazardous releases enables faster emergency response and cleanup, reducing risks to public health, safety, and the environment, and potentially limiting the spread or escalation of harm.
Targets Both Acute and Chronic Hazards. The bill covers substances that are either "hazardous or acutely hazardous," ensuring that both long-term environmental threats and immediate dangers are addressed under the law.
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Who cares
Headline styles
Criminalize Unreported Toxic Spills
Plain English, a few words. Used as the page title.
Sponsors
3 Co-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.
Punish Unreported Chemical Spills
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
2722
2019-2020 Regular Sessions
IN SENATE
January 29, 2019
Introduced by Sens. KRUEGER, BAILEY, HOYLMAN, PARKER -- 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.
LBD02578-01-9
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
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 71-3705 to the Environmental Conservation Law to require notification to the Department of Environmental Conserva- tion 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 quick- ly, 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.
Legislative history
2017-2018: S.4161 Encon/A.3222 Rosenthal - Encon 2015-2016: S.2555 Encon/A.598 Rosenthal - Encon 2013-2014: S.3425A Encon/A.3866 Rosenthal - Encon 2011-2012: S.521 Encon/A.1719 Rosenthal - Encon 2009-2010: S.3596 Encon/A.5654 Rosenthal - Encon 2007-2008: S.4753/A.7485 Rosenthal - Encon
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.