NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10757B
SPONSOR: Lupardo TITLE OF BILL: An act to amend the environmental conservation law, in
relation to notification of spills of liquids stored in bulk
SUMMARY OF PROVISIONS: This act will amend Section 17-1743 of the
environmental conservation law to require the New York State Department
of Environmental Conservation to notify the public when a quantity of
hazardous substance may threaten the health or safety of the public or
environment in the area where the spill has occurred. The public must
be notified by local news outlets, which may include newspapers or any
other media that is available to the Department within 48 hours of the
Department receiving notification by the responsible party.
JUSTIFICATION: The current law mandates that any person who is the
owner or in possession or control of more than one thousand one hundred
gallons of any liquid in bulk, if released, discharged or spilled would
likely pollute the ground or waters of the State must immediately notify
the New York State Department of Environmental Conservation of any such
spill. The current law does not mandate that the Department notify the
public within a specific time.
In the Village of Endicott, the Department was notified on January 18 of
a spill of 2100 gallons of ethylene glycol that eventually ended up in
the Susquehanna River; however, the public was not made aware until
April 8. Given the public health concerns raised by such spills, this
legislation would mandate that the Department notify the public within
48 hours of a spill. This legislation ensures that the public is aware
of any potential health hazards, creates more transparency and attempts
to prevent surprise reports that lead to public confusion.
LEGISLATIVE HISTORY: New Bill
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect immediately.
