STATE OF NEW YORK ________________________________________________________________________ 7074 2025-2026 Regular Sessions IN ASSEMBLY March 20, 2025 ___________ 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. LBD10543-01-5
A. 7074 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. 7074 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. 7074 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.