NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4532
SPONSOR: Pretlow TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
repeat violators
PURPOSE OF BILL:
The bill adds a new section 71-3704 to the Environmental Conservation
Law to require notification to the department of Environmental Conserva-
tion of a release of a reportable quantity of hazardous substance. A
violation of this new section is a class E felony.
JUSTIFICATION:
In order to establish a criminal violation of the Environmental Conser-
vation Law (ECL), it is often necessary to prove the amount of hazardous
substances released into the environment. Unfortunately, by the time the
Department of Environmental Conservation 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 indi-
viduals 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. Sect. 9603), and making it a felony to fail to
report the release of a hazardous substance. This will provide an incen-
tive for individuals to report such release, 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.
PRIOR LEGISLATIVE HISTORY:
2021-2022 A1690 referred to Environmental Conservation
2019-2020 A3175 referred to environmental conservation
01/03/18 A3530 referred to environmental conservation
01/06/16 A2697 referred to environmental conservation
01/20/15 A2697 referred to environmental conservation
A540 2013-14 reported and referred to codes
A3178 2012: reported and referred to codes
A2570 2009/2010 referred to codes
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
4532
2023-2024 Regular Sessions
IN ASSEMBLY
February 16, 2023
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
repeat violators
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 71-2711 of the environmental conservation law, as
2 amended by chapter 26 of the laws of 1998, is amended to read as
3 follows:
4 § 71-2711. Endangering public health, safety or the environment in the
5 fourth degree.
6 A person is guilty of endangering public health, safety or the envi-
7 ronment in the fourth degree when:
8 1. With criminal negligence, [he] such person engages in conduct which
9 causes the release of a substance acutely hazardous to public health,
10 safety or the environment; or
11 2. With criminal negligence, [he] such person engages in conduct which
12 causes the release of more than one hundred gallons or one thousand
13 pounds, whichever is less, of an aggregate weight or volume of a
14 substance hazardous to public health, safety or the environment; or
15 3. [He] Such person knowingly or recklessly engages in conduct which
16 causes the release of a substance hazardous to public health, safety or
17 the environment; or
18 4. Such person commits the crime of endangering the public health,
19 safety or the environment in the fifth degree as defined in section
20 71-2710 of this title and has been previously convicted of any crime
21 defined in section 71-2710, 71-2712, 71-2713 or 71-2714 of this title
22 within the preceding ten years.
23 Endangering public health, safety or the environment in the fourth
24 degree is a class A misdemeanor.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09563-01-3
A. 4532 2
1 § 2. Section 71-2712 of the environmental conservation law, as amended
2 by chapter 26 of the laws of 1998, subdivision 4 as amended by chapter
3 332 of the laws of 2020, and subdivision 5 as amended by chapter 29 of
4 the laws of 2021, is amended to read as follows:
5 § 71-2712. Endangering public health, safety or the environment in the
6 third degree.
7 A person is guilty of endangering public health, safety or the envi-
8 ronment in the third degree when:
9 1. [He] Such person recklessly engages in conduct which causes the
10 release of a substance acutely hazardous to public health, safety or the
11 environment; or
12 2. [He] Such person recklessly engages in conduct which causes the
13 release of more than two hundred gallons or two thousand pounds, which-
14 ever is less, of an aggregate weight or volume of a substance hazardous
15 to public health, safety or the environment; or
16 3. [He] Such person recklessly engages in conduct which causes the
17 release of more than one hundred gallons or one thousand pounds, which-
18 ever is less, of an aggregate weight or volume of a substance hazardous
19 to public health, safety or the environment and such release creates a
20 substantial risk of physical injury to any person who is not a partic-
21 ipant in the crime; or
22 4. [He or she] Such person knowingly engages in conduct which causes
23 the release of more than one hundred gallons or one thousand pounds,
24 whichever is less, of an aggregate weight or volume of a substance
25 hazardous to public health, safety or the environment; or
26 5. With intent to dispose of construction and demolition debris, [he
27 or she] such person intentionally engages in conduct that causes the
28 unlawful disposal or release of either ten cubic yards or more, or twen-
29 ty thousand pounds or more, of construction and demolition debris, as
30 defined in section 71-2702 of this title; or
31 6. Such person commits the crime of endangering the public health,
32 safety or the environment in the fourth degree as defined in section
33 71-2711 of this title and has been previously convicted of any crime
34 defined in section 71-2710, 71-2711, 71-2713 or 71-2714 of this title
35 within the preceding ten years.
36 Endangering public health, safety or the environment in the third
37 degree is a class E felony.
38 § 3. Section 71-2713 of the environmental conservation law, as amended
39 by chapter 26 of the laws of 1998, subdivision 6 as amended by chapter
40 332 of the laws of 2020 and subdivisions 7, 8 and 9 as amended by chap-
41 ter 29 of the laws of 2021, is amended to read as follows:
42 § 71-2713. Endangering public health, safety or the environment in the
43 second degree.
44 A person is guilty of endangering public health, safety or the envi-
45 ronment in the second degree when:
46 1. [He] Such person knowingly engages in conduct which causes the
47 release of a substance hazardous to public health, safety or the envi-
48 ronment and such release causes physical injury to any person who is not
49 a participant in the crime; or
50 2. [He] Such person knowingly engages in conduct which causes the
51 release of a substance acutely hazardous to public health, safety or the
52 environment or the release of a substance which at the time of the
53 conduct [he] such person knows to meet any of the criteria set forth in
54 paragraph (b) of subdivision one of section 37-0103 of this chapter; or
55 3. [He] Such person knowingly engages in conduct which causes the
56 release of more than one thousand five hundred gallons or fifteen thou-
A. 4532 3
1 sand pounds, whichever is less, of an aggregate weight or volume of a
2 substance hazardous to public health, safety or the environment; or
3 4. [He] Such person recklessly engages in conduct which causes the
4 release of a substance acutely hazardous to public health, safety or the
5 environment and such release causes physical injury to any person who is
6 not a participant in the crime; or
7 5. [He] Such person knowingly engages in conduct which causes the
8 release of more than one hundred gallons or one thousand pounds, which-
9 ever is less, of an aggregate weight or volume of a substance hazardous
10 to public health, safety or the environment and such substance enters
11 water; or
12 6. [He or she] Such person knowingly or recklessly engages in conduct
13 which causes the release of a substance hazardous to public health,
14 safety or the environment and such substance enters a primary water
15 supply; or
16 7. With intent to dispose of construction and demolition debris, [he
17 or she] such person intentionally engages in conduct that causes the
18 unlawful disposal or release of either seventy cubic yards or more, or
19 one hundred forty thousand pounds or more, of construction and demoli-
20 tion debris, as defined in section 71-2702 of this title; or
21 8. With intent to dispose of a hazardous substance on the property of
22 another [he or she] such person intentionally engages in conduct that
23 causes the unlawful disposal or release of a hazardous substance; or
24 9. [He or she] Such person recklessly disposes of any acutely hazard-
25 ous substance on any property; or
26 10. Such person commits the crime of endangering the public health,
27 safety or the environment in the third degree as defined in section
28 71-2712 of this title and has been previously convicted of any crime
29 defined in section 71-2710, 71-2711, 71-2712 or 71-2714 of this title
30 within the preceding ten years.
31 Endangering public health, safety or the environment in the second
32 degree is a class D felony.
33 § 4. Section 71-2714 of the environmental conservation law, as amended
34 by chapter 26 of the laws of 1998, subdivision 2 as amended by chapter
35 332 of the laws of 2020, and subdivision 3 as amended by chapter 29 of
36 the laws of 2021, is amended to read as follows:
37 § 71-2714. Endangering public health, safety or the environment in the
38 first degree.
39 A person is guilty of endangering public health, safety or the envi-
40 ronment in the first degree when:
41 1. [He] Such person intentionally engages in conduct which causes the
42 release of a substance acutely hazardous to public health, safety or the
43 environment or the release of a substance which at the time of the
44 conduct [he] such person knows to meet any of the criteria set forth in
45 paragraph (b) of subdivision one of section 37-0103 of this chapter when
46 [he] such person is aware that such conduct creates a substantial risk
47 of serious physical injury to any person who is not a participant in the
48 crime; or
49 2. [He or she] Such person knowingly engages in conduct which causes
50 the release of a substance acutely hazardous to public health, safety or
51 the environment or the release of a substance which at the time of the
52 conduct [he or she] such person knows to meet any of the criteria set
53 forth in paragraph (b) of subdivision one of section 37-0103 of this
54 chapter and such release causes physical injury to any person who is not
55 a participant in the crime; or
A. 4532 4
1 3. With intent to dispose of an acutely hazardous substance, [he or
2 she] such person intentionally engages in conduct that causes the unlaw-
3 ful disposal or release of an acutely hazardous substance on any proper-
4 ty; or
5 4. Such person commits the crime of endangering the public health,
6 safety or the environment in the second degree as defined in section
7 71-2713 of this title and has been previously convicted of any crime
8 defined in section 71-2710, 71-2711, 71-2712 or 71-2713 of this title
9 within the preceding ten years.
10 Endangering public health, safety or the environment in the first
11 degree is a class C felony.
12 § 5. Sections 71-2715 and 71-2717 of the environmental conservation
13 law, as amended by chapter 671 of the laws of 1986, are amended to read
14 as follows:
15 § 71-2715. Unlawful dealing in hazardous wastes or substances in the
16 second degree.
17 No person shall:
18 1. With intent that another person possess or dispose of hazardous
19 wastes or substances hazardous or acutely hazardous to public health,
20 safety or the environment without authorization, solicit, request,
21 command, importune or otherwise attempt to cause such other person to
22 engage in such conduct; or
23 2. Believing it probable that [he] such person is rendering aid to [a]
24 another person who intends to possess or dispose of hazardous wastes or
25 substances hazardous or acutely hazardous to public health, safety or
26 the environment without authorization, engage in conduct which provides
27 such other person with the means or opportunity for the commission ther-
28 eof and which in fact aids such other person to commit such act.
29 Unlawful dealing in hazardous [waste] wastes or substances in the
30 second degree is a class A misdemeanor.
31 § 71-2717. Unlawful dealing in hazardous wastes or substances in the
32 first degree.
33 No person shall:
34 1. Remove, assist in the removal, or make available for removal, more
35 than one hundred gallons or one thousand pounds, whichever is less, of
36 an aggregate weight or volume of hazardous wastes or substances hazard-
37 ous or acutely hazardous to public safety or the environment intending
38 that such wastes or substances are to be possessed or disposed of by a
39 person who does not have authorization; or
40 2. Solicit, agree to receive or receive a benefit for possession or
41 disposal of hazardous wastes or substances hazardous or acutely hazard-
42 ous to public safety or the environment intending that the possession or
43 disposal is to be done without authorization; or
44 3. Offer, agree to confer, confer upon another or authorize or direct
45 anyone to offer, agree to confer or confer upon another a benefit for
46 possession or disposal of hazardous wastes or substances hazardous or
47 acutely hazardous to public safety or the environment intending that the
48 person who is to perform such possession or disposal does not have
49 authorization.
50 Unlawful dealing in hazardous [waste] wastes or substances in the
51 first degree is a class E felony.
52 § 6. This act shall take effect on the first of November next succeed-
53 ing the date on which it shall have become a law.
