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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5562
SPONSOR: Kavanagh (MS) 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:
Section 1 of the bill amends the environmental conservation law by
adding new section 71-3704 which would make it a violation of law for
any person to fail to notify the Department of Environmental Conserva-
tion (DEC), within two hours, of any release of a reportable quantity of
a hazardous substance. This section also establishes that an initial
violation of the reporting requirement constitutes a class A misdemea-
nor, 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 has 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:
2014: A00269 (Kavanagh) On the floor
2013: A00269 (Kavanagh) Rules
2012: A05585 (Kavanagh) Rules
2011: A05585 (Kavanagh) - Codes
2010: A00349A (Kavanagh) - Rules
2009: A00349 (Kavanagh) - Rules
2008: A08587A (Kavanagh) - Codes
2007: A08587 (Kavanagh) - Codes
FISCAL IMPACT ON THE STATE:
None.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.
