Bill Text: NY A03866 | 2013-2014 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - referred to environmental conservation [A03866 Detail]
Download: New_York-2013-A03866-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3866
2013-2014 Regular Sessions
I N A S S E M B L Y
January 29, 2013
___________
Introduced by M. of A. ROSENTHAL -- read once and referred 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:
1 Section 1. The environmental conservation law is amended by adding a
2 new section 71-3704 to read as follows:
3 S 71-3704. FAILURE TO REPORT RELEASE OF HAZARDOUS SUBSTANCES.
4 ANY PERSON WHO VIOLATES ANY OF THE PROVISIONS OF, OR WHO FAILS TO
5 PERFORM ANY DUTY IMPOSED BY SECTION 37-0107 OF THIS CHAPTER, AND WHO
6 FAILS TO NOTIFY THE DEPARTMENT OF A RELEASE OF A REPORTABLE QUANTITY OF
7 A HAZARDOUS SUBSTANCE HAZARDOUS OR ACUTELY HAZARDOUS TO PUBLIC HEALTH,
8 SAFETY OR THE ENVIRONMENT SHALL BE GUILTY OF FAILURE TO REPORT RELEASE
9 OF A HAZARDOUS SUBSTANCE. FAILURE TO REPORT RELEASE OF A HAZARDOUS
10 SUBSTANCE SHALL BE A CLASS A MISDEMEANOR; PROVIDED, HOWEVER, THAT IF A
11 DEFENDANT HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF THIS SECTION,
12 SUCH SUBSEQUENT VIOLATION SHALL BE A CLASS E FELONY.
13 S 2. This act shall take effect on the first of December next succeed-
14 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.
LBD01226-02-3
