NY State Senate Bill 2023-S2128

Senate Bill S2128

2023-2024 Legislative Session

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

download bill text pdf

Current 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, 2024	referred to environmental conservation
Jan 18, 2023	referred to environmental conservation

co-Sponsors

2023-S2128 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §71-3707, En Con L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3596
2011-2012: S521
2013-2014: S3425
2015-2016: S2555
2017-2018: S4161
2019-2020: S2722
2021-2022: S1375

2023-S2128 (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.

2023-S2128 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2128

SPONSOR: KRUEGER
 
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 71-3707 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:

2021-2022: S.1375 Encon

2019-2020: S.2722 Encon/A.1457 Rosenthal - Encon

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.

2023-S2128 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2128
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced by Sens. KRUEGER, BAILEY, HOYLMAN-SIGAL, 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  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The environmental conservation law is amended by adding a
 new section 71-3707 to read as follows:
 § 71-3707. 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 HAZARD-
 OUS 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 succeed-
 ing 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.
                                                            LBD03716-01-3

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Senate Bill S2128

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Sponsored By

Liz Krueger