NY State Senate Bill 2017-S6224

Senate Bill S6224

2017-2018 Legislative Session

Provides that the failure to report a release of hazardous substances is a class A misdemeanor

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to environmental conservation
May 11, 2017	referred to environmental conservation

2017-S6224 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §71-3704, En Con L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8191
2011-2012: S7684
2013-2014: S3596
2015-2016: S3360
2019-2020: S2629

2017-S6224 (ACTIVE) - Summary

Provides that the failure to report a release of hazardous substances is a class A misdemeanor and any such subsequent violation shall be a class E felony.

2017-S6224 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6224           REVISED MEMO 01/16/2018

SPONSOR: LANZA
 
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:

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.

2017-S6224 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6224
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 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 ASSEM-
 BLY, 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.
                                                            LBD01450-01-7

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