Bill Text: NY S03425 | 2013-2014 | General Assembly | Amended

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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 3-0)

Status: (Introduced - Dead) 2014-01-24 - PRINT NUMBER 3425A [S03425 Detail]

Download: New_York-2013-S03425-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3425--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   February 1, 2013
                                      ___________
       Introduced  by Sens. KRUEGER, HASSELL-THOMPSON, PARKER -- read twice and
         ordered printed, and when printed to be committed to the Committee  on
         Environmental Conservation -- recommitted to the Committee on Environ-
         mental  Conservation  in  accordance  with  Senate  Rule  6, sec. 8 --
         committee discharged, bill amended, ordered reprinted as  amended  and
         recommitted to said committee
       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.
                                                                  LBD01226-03-4