NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5338
SPONSOR: Levenberg
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
prohibiting the discharge of any radiological agent into the waters of
the state
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation it to prohibit the discharge of any
radiological agent into the waters of New York State.
 
SUMMARY OF PROVISIONS:
Section 1. Amends the Environmental Conservation Law by adding a new
section 17-0513, titled "PROHIBITION AGAINST RADIOLOGICAL POLLUTION".
It will make it unlawful for any person or entity to throw, drain, run
or otherwise discharge (directly or indirectly) any radiological agent
into the waters of our state. Failure to comply shall result in fines of
$25,000 per day for a first violation, $50,000 per day for a second
violation and $150,000 per day per violation thereafter. The Attorney
General shall have jurisdiction to enforce these provisions.
Section 2 states the effective date.
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
This portion of this memorandum in not applicable at this time.
 
JUSTIFICATION:
The Hudson River serves as a drinking water source for over 100,000 New
Yorkers. The potential release of radioactive contaminants to our
state's most influential river is an urgent matter to the residents of
Peekskill and all other communities along the tidal estuary. Exposure to
toxic substances and radioactive materials not only poses a possible
health risk, but also a serious economic risk to our communities includ-
ing a potential negative impact on real estate values.
To protect the health and economic well-being of its residents, New York
must take a strong stance against radiological dumping into state
waters. Existing regulations represent the minimum protections the state
is required to provide, and they must evolve over time to be more
protective. As climate change continues to threaten us, our water sourc-
es will serve as a competitive edge to resiliency. We must ensure they
are protected and preserved.
 
PRIOR LEGISLATIVE HISTORY:
This is new legislation.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
There are fiscal implications associated with the passage of this legis-
lation.
 
EFFECTIVE DATE:
This act shall take effect immediately.