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: A1001
SPONSOR: Kavanagh
 
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 creates a disincentive for individuals to report releases of
hazardous substances. If an individual reports such a release quickly,
DEC is more likely to determine the amount of the substance released,
making it easier to prove a felony violation. Individuals who conceal
releases on the other hand frequently can only be charged with a misde-
meanor.
This bill addresses this problem by following the approach used in
federal law (42 U.S.C. § 9603), which criminalizes the failure to report
the release of a hazardous substance. This provides an incentive for
individuals to report such releases, and punishes those who conceal
their wrongdoing, rather than rewarding them. In addition, early report-
ing 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.
 
FISCAL IMPACT ON THE STATE:
None.
 
FISCAL IMPACT ON LOCALITIES:
None.
 
IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS:
See below.
 
IMPACT ON FINES, IMPRISONMENT, FORFEITURE OF RIGHTS, OR OTHER PENAL
SANCTIONS:
An initial violation of the reporting requirement would constitute a
class A misdemeanor. Each subsequent violation would constitute a class
E felony.
 
LEGISLATIVE HISTORY:
2016: A05562 (Kavanagh) Environmental Conservation
2015: A05562 (Kavanagh) Rules
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
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.