Assembly Bill A540

2013-2014 Legislative Session

Relates to repeat violators who endanger the public health, safety or the environment

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A540 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยงยง71-2711 - 71-2715 & 71-2717, En Con L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2570
2011-2012: A3178
2015-2016: A2697
2017-2018: A3530
2019-2020: A3175
2021-2022: A1690
2023-2024: A4532

2013-A540 (ACTIVE) - Summary

Relates to repeat violators who endanger the public health, safety or the environment; increases penalties for such violators.

2013-A540 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   540

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. PRETLOW, COLTON -- read once and referred to the
  Committee 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:

  Section 1. Sections 71-2711, 71-2712, 71-2713 and 71-2714 of the envi-
ronmental conservation law, as amended by chapter  26  of  the  laws  of
1998, are amended to read as follows:
S 71-2711. Endangering  public  health, safety or the environment in the
             fourth degree.
  A person is guilty of endangering public health, safety or  the  envi-
ronment in the fourth degree when:
  1. With criminal negligence, [he] SUCH PERSON engages in conduct which
causes  the  release  of a substance acutely hazardous to public health,
safety or the environment; or
  2. With criminal negligence, [he] SUCH PERSON engages in conduct which
causes the release of more than one  hundred  gallons  or  one  thousand
pounds,  whichever  is  less,  of  an  aggregate  weight  or volume of a
substance hazardous to public health, safety or the environment; or
  3. [He] SUCH PERSON knowingly or recklessly engages in  conduct  which
causes  the release of a substance hazardous to public health, safety or
the environment; OR
  4. SUCH PERSON COMMITS THE CRIME OF  ENDANGERING  THE  PUBLIC  HEALTH,
SAFETY  OR  THE  ENVIRONMENT  IN  THE FIFTH DEGREE AS DEFINED IN SECTION
71-2710 OF THIS TITLE AND HAS BEEN PREVIOUSLY  CONVICTED  OF  ANY  CRIME
DEFINED  IN  SECTION  71-2710, 71-2712, 71-2713 OR 71-2714 OF THIS TITLE
WITHIN THE PRECEDING TEN YEARS.
  Endangering public health, safety or the  environment  in  the  fourth
degree is a class A misdemeanor.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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