Bill Text: NY A00349 | 2009-2010 | General Assembly | Amended

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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: Moderate Partisan Bill (Democrat 16-5)

Status: (Introduced - Dead) 2010-06-16 - reported referred to rules [A00349 Detail]

Download: New_York-2009-A00349-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        349--A
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by  M.  of  A. KAVANAGH, SWEENEY, STIRPE, DelMONTE, SCHIMEL,
         HOOPER, TITONE -- Multi-Sponsored by -- M. of A. ALESSI, ALFANO, ERRI-
         GO, GABRYSZAK, GALEF, GLICK, HYER-SPENCER,  KOON,  MOLINARO,  PHEFFER,
         RAIA,  TOBACCO,  WEISENBERG -- read once and referred to the Committee
         on Environmental Conservation -- recommitted to the Committee on Envi-
         ronmental Conservation in accordance with Assembly Rule 3, sec.  2  --
         reported   and  referred  to  the  Committee  on  Codes  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       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.
                                                                  LBD00902-03-0