Bill Text: NY A05562 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 5562 (Prior Session Legislation)

Introduced

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2016-01-06 - referred to environmental conservation [A05562 Detail]

Download: New_York-2015-A05562-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5562
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 27, 2015
                                      ___________
       Introduced  by  M.  of  A.  KAVANAGH,  COLTON, WEPRIN, GOTTFRIED, GALEF,
         ABINANTI -- read once and referred to the Committee  on  Environmental
         Conservation
       AN  ACT  to  amend  the  environmental  conservation law, in relation to
         notification of the release of hazardous substances
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The environmental conservation law is amended by adding a
    2  new section 71-3704 to read as follows:
    3  S 71-3704. FAILURE TO REPORT RELEASE OF A HAZARDOUS SUBSTANCE.
    4    ANY PERSON WHO VIOLATES ANY OF THE PROVISIONS  OF,  OR  WHO  FAILS  TO
    5  PERFORM  ANY  DUTY  IMPOSED  BY SECTION 37-0107 OF THIS CHAPTER, AND WHO
    6  FAILS WITHIN TWO HOURS TO NOTIFY  THE  DEPARTMENT  OF  A  RELEASE  OF  A
    7  REPORTABLE  QUANTITY  OF  A  SUBSTANCE HAZARDOUS OR ACUTELY HAZARDOUS TO
    8  PUBLIC HEALTH, SAFETY OR THE ENVIRONMENT SHALL BE GUILTY OF  FAILURE  TO
    9  REPORT  RELEASE OF A HAZARDOUS SUBSTANCE. FAILURE TO REPORT RELEASE OF A
   10  HAZARDOUS SUBSTANCE SHALL BE A CLASS A MISDEMEANOR;  PROVIDED,  HOWEVER,
   11  THAT IF A DEFENDANT HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF THIS
   12  SECTION, SUCH SUBSEQUENT VIOLATION SHALL BE A CLASS E FELONY.
   13    S 2. This act shall take effect on the one hundred eightieth day after
   14  it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01128-01-5