Sponsorship

A.449 - GRANNIS, WEISENBERG, dinowitz, gottfried, hooper, mayersohn, pheffer / A.7630 - KAVANAGH, WEISENBERG, COOK, PAULIN, SALADINO, JAFFEE., dinowitz, gottfried, hooper, mayersohn, pheffer, thiele

Sponsorship

A.7435 - ROSENTHAL, alfano, barra, brennan, christensen, gottfried, maisel / S.4753 - Not available at this time.

Memorandum in Support

BILL NUMBER: A7435

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 Environmental Conservation of a release of a reportable quantity of a hazardous substance.

SUMMARY OF PROVISIONS :

The bill adds a new section 71-3704 to the Environmental Conservation Law to require notification to the Department of Environmental Conservation of a release of a reportable quantity of a hazardous substance. A first violation of this new section is a class A misdemeanor, and each subsequent violation is a class E felony.

JUSTIFICATION :

In order to establish a criminal violation of the Environmental Conservation 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 the release occurred, it is difficult -- if not impossible -- to determine the specific amount of hazardous substance released.

This statutory scheme creates a great 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 individuals who conceal releases frequently can only be charged with a misdemeanor.

This bill addresses this problem by following the approach used in federal law (42 U.S.C. S 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 :

This bill was introduced as A.8461 in the 2003-04 legislative session and as A.11162 during the 2001-02 legislative session. It pased the Assembly on June 22, 2004.

FISCAL IMPLICATIONS :

There are no fiscal implications.

EFFECTIVE DATE : The bill takes effect on the first of November following enactment.