S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4532
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:

   Section 1. Section 71-2711 of the environmental conservation  law,  as
 amended  by  chapter  26  of  the  laws  of  1998, is amended to read as
 follows:
 § 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.
                                                            LBD09563-01-3
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   § 2. Section 71-2712 of the environmental conservation law, as amended
 by chapter 26 of the laws of 1998, subdivision 4 as amended  by  chapter
 332  of  the laws of 2020, and subdivision 5 as amended by chapter 29 of
 the laws of 2021, is amended to read as follows:
 § 71-2712. Endangering  public  health, safety or the environment in the
              third degree.
   A person is guilty of endangering public health, safety or  the  envi-
 ronment in the third degree when:
   1.  [He]  SUCH  PERSON  recklessly engages in conduct which causes the
 release of a substance acutely hazardous to public health, safety or the
 environment; or
   2. [He] SUCH PERSON recklessly engages in  conduct  which  causes  the
 release  of more than two hundred gallons or two thousand pounds, which-
 ever is less, of an aggregate weight or volume of a substance  hazardous
 to public health, safety or the environment; or
   3.  [He]  SUCH  PERSON  recklessly engages in conduct which causes the
 release of more than one hundred gallons or one thousand pounds,  which-
 ever  is less, of an aggregate weight or volume of a substance hazardous
 to public health, safety or the environment  and such release creates  a
 substantial  risk  of physical injury to any person who is not a partic-
 ipant in the crime; or
   4. [He or she] SUCH PERSON knowingly 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
   5.  With  intent to dispose of construction and demolition debris, [he
 or she] SUCH PERSON intentionally engages in  conduct  that  causes  the
 unlawful disposal or release of either ten cubic yards or more, or twen-
 ty  thousand  pounds  or more, of construction and demolition debris, as
 defined in section 71-2702 of this title; OR
   6. SUCH PERSON COMMITS THE CRIME OF  ENDANGERING  THE  PUBLIC  HEALTH,
 SAFETY  OR  THE  ENVIRONMENT  IN THE FOURTH DEGREE AS DEFINED IN SECTION
 71-2711 OF THIS TITLE AND HAS BEEN PREVIOUSLY  CONVICTED  OF  ANY  CRIME
 DEFINED  IN  SECTION  71-2710, 71-2711, 71-2713 OR 71-2714 OF THIS TITLE
 WITHIN THE PRECEDING TEN YEARS.
   Endangering public health, safety or  the  environment  in  the  third
 degree is a class E felony.
   § 3. Section 71-2713 of the environmental conservation law, as amended
 by  chapter  26 of the laws of 1998, subdivision 6 as amended by chapter
 332 of the laws of 2020 and subdivisions 7, 8 and 9 as amended by  chap-
 ter 29 of the laws of 2021, is amended to read as follows:
 § 71-2713. Endangering  public  health, safety or the environment in the
              second degree.
   A person is guilty of endangering public health, safety or  the  envi-
 ronment in the second degree when:
   1.  [He]  SUCH  PERSON  knowingly  engages in conduct which causes the
 release of a substance hazardous to public health, safety or  the  envi-
 ronment and such release causes physical injury to any person who is not
 a participant in the crime; or
   2.  [He]  SUCH  PERSON  knowingly  engages in conduct which causes the
 release of a substance acutely hazardous to public health, safety or the
 environment or the release of a substance  which  at  the  time  of  the
 conduct  [he] SUCH PERSON knows to meet any of the criteria set forth in
 paragraph (b) of subdivision one of section 37-0103 of this chapter; or
   3. [He] SUCH PERSON knowingly engages  in  conduct  which  causes  the
 release  of more than one thousand five hundred gallons or fifteen thou-
 A. 4532                             3
 
 sand pounds, whichever is less, of an aggregate weight or  volume  of  a
 substance hazardous to public health, safety or the environment; or
   4.  [He]  SUCH  PERSON  recklessly engages in conduct which causes the
 release of a substance acutely hazardous to public health, safety or the
 environment and such release causes physical injury to any person who is
 not a participant in the crime; or
   5. [He] SUCH PERSON knowingly engages  in  conduct  which  causes  the
 release  of more than one hundred gallons or one thousand pounds, which-
 ever is less, of an aggregate weight or volume of a substance  hazardous
 to  public  health,  safety or the environment and such substance enters
 water; or
   6. [He or she] SUCH PERSON knowingly or recklessly engages in  conduct
 which  causes  the  release  of  a substance hazardous to public health,
 safety or the environment and such  substance  enters  a  primary  water
 supply; or
   7.  With  intent to dispose of construction and demolition debris, [he
 or she] SUCH PERSON intentionally engages in  conduct  that  causes  the
 unlawful  disposal  or release of either seventy cubic yards or more, or
 one hundred forty thousand pounds or more, of construction  and  demoli-
 tion debris, as defined in section 71-2702 of this title; or
   8.  With intent to dispose of a hazardous substance on the property of
 another [he or she] SUCH PERSON intentionally engages  in  conduct  that
 causes the unlawful disposal or release of a hazardous substance; or
   9.  [He or she] SUCH PERSON recklessly disposes of any acutely hazard-
 ous substance on any property; OR
   10. SUCH PERSON COMMITS THE CRIME OF ENDANGERING  THE  PUBLIC  HEALTH,
 SAFETY  OR  THE  ENVIRONMENT  IN  THE THIRD DEGREE AS DEFINED IN SECTION
 71-2712 OF THIS TITLE AND HAS BEEN PREVIOUSLY  CONVICTED  OF  ANY  CRIME
 DEFINED  IN  SECTION  71-2710, 71-2711, 71-2712 OR 71-2714 OF THIS TITLE
 WITHIN THE PRECEDING TEN YEARS.
   Endangering public health, safety or the  environment  in  the  second
 degree is a class D felony.
   § 4. Section 71-2714 of the environmental conservation law, as amended
 by  chapter  26 of the laws of 1998, subdivision 2 as amended by chapter
 332 of the laws of 2020, and subdivision 3 as amended by chapter  29  of
 the laws of 2021, is amended to read as follows:
 § 71-2714. Endangering  public  health, safety or the environment in the
              first degree.
   A person is guilty of endangering public health, safety or  the  envi-
 ronment in the first degree when:
   1.  [He] SUCH PERSON intentionally engages in conduct which causes the
 release of a substance acutely hazardous to public health, safety or the
 environment or the release of a substance  which  at  the  time  of  the
 conduct  [he] SUCH PERSON knows to meet any of the criteria set forth in
 paragraph (b) of subdivision one of section 37-0103 of this chapter when
 [he] SUCH PERSON is aware that such conduct creates a  substantial  risk
 of serious physical injury to any person who is not a participant in the
 crime; or
   2.  [He  or she] SUCH PERSON knowingly engages in conduct which causes
 the release of a substance acutely hazardous to public health, safety or
 the environment or the release of a substance which at the time  of  the
 conduct  [he  or  she] SUCH PERSON knows to meet any of the criteria set
 forth in paragraph (b) of subdivision one of  section  37-0103  of  this
 chapter and such release causes physical injury to any person who is not
 a participant in the crime; OR
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   3.  With  intent  to dispose of an acutely hazardous substance, [he or
 she] SUCH PERSON intentionally engages in conduct that causes the unlaw-
 ful disposal or release of an acutely hazardous substance on any proper-
 ty; OR
   4.  SUCH  PERSON  COMMITS  THE CRIME OF ENDANGERING THE PUBLIC HEALTH,
 SAFETY OR THE ENVIRONMENT IN THE SECOND DEGREE  AS  DEFINED  IN  SECTION
 71-2713  OF  THIS  TITLE  AND HAS BEEN PREVIOUSLY CONVICTED OF ANY CRIME
 DEFINED IN SECTION 71-2710, 71-2711, 71-2712 OR 71-2713  OF  THIS  TITLE
 WITHIN THE PRECEDING TEN YEARS.
   Endangering  public  health,  safety  or  the environment in the first
 degree is a class C felony.
   § 5. Sections 71-2715 and 71-2717 of  the  environmental  conservation
 law,  as amended by chapter 671 of the laws of 1986, are amended to read
 as follows:
 § 71-2715. Unlawful dealing in hazardous wastes  OR  SUBSTANCES  in  the
              second degree.
   No person shall:
   1.  With  intent  that  another person possess or dispose of hazardous
 wastes OR SUBSTANCES HAZARDOUS OR ACUTELY HAZARDOUS  TO  PUBLIC  HEALTH,
 SAFETY  OR  THE  ENVIRONMENT  without  authorization,  solicit, request,
 command, importune or otherwise attempt to cause such  other  person  to
 engage in such conduct; or
   2. Believing it probable that [he] SUCH PERSON is rendering aid to [a]
 ANOTHER  person who intends to possess or dispose of hazardous wastes OR
 SUBSTANCES HAZARDOUS OR ACUTELY HAZARDOUS TO PUBLIC  HEALTH,  SAFETY  OR
 THE  ENVIRONMENT without authorization, engage in conduct which provides
 such OTHER person with the means or opportunity for the commission ther-
 eof and which in fact aids such OTHER person to commit such act.
   Unlawful dealing in hazardous [waste]  WASTES  OR  SUBSTANCES  in  the
 second degree is a class A misdemeanor.
 § 71-2717. Unlawful  dealing  in  hazardous  wastes OR SUBSTANCES in the
              first degree.
   No person shall:
   1. Remove, assist in the removal, or make available for removal,  more
 than  one  hundred gallons or one thousand pounds, whichever is less, of
 an aggregate weight or volume of hazardous wastes OR SUBSTANCES  HAZARD-
 OUS  OR  ACUTELY HAZARDOUS TO PUBLIC SAFETY OR THE ENVIRONMENT intending
 that such wastes OR SUBSTANCES are to be possessed or disposed of  by  a
 person who does not have authorization; or
   2.  Solicit,  agree  to receive or receive a benefit for possession or
 disposal of hazardous wastes OR SUBSTANCES HAZARDOUS OR ACUTELY  HAZARD-
 OUS TO PUBLIC SAFETY OR THE ENVIRONMENT intending that the possession or
 disposal is to be done without authorization; or
   3.  Offer, agree to confer, confer upon another or authorize or direct
 anyone to offer, agree to confer or confer upon another  a  benefit  for
 possession  or  disposal  of hazardous wastes OR SUBSTANCES HAZARDOUS OR
 ACUTELY HAZARDOUS TO PUBLIC SAFETY OR THE ENVIRONMENT intending that the
 person who is to perform such  possession  or  disposal  does  not  have
 authorization.
   Unlawful  dealing  in  hazardous  [waste]  WASTES OR SUBSTANCES in the
 first degree is a class E felony.
   § 6. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.