Bill Text: NY A07005 | 2019-2020 | General Assembly | Introduced

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Bill Title: Removes the exemptions for railroads and railroad and shipping facilities from the phase-out of creosote.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2020-01-08 - referred to environmental conservation [A07005 Detail]

Download: New_York-2019-A07005-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
            S. 4982                                                  A. 7005
                               2019-2020 Regular Sessions
                SENATE - ASSEMBLY
                                      April 3, 2019
                                       ___________
        IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Environmental
          Conservation
        IN  ASSEMBLY  --  Introduced  by  M.  of  A. THIELE, STECK, GLICK, OTIS,
          L. ROSENTHAL, GALEF -- Multi-Sponsored by -- M. of A. EPSTEIN --  read
          once and referred to the Committee on Environmental Conservation
        AN  ACT  to amend the environmental conservation law, in relation to the
          exemptions for railroads and railroad and railroad shipping facilities
          from the phase-out of creosote
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section 27-2513 of the environmental conservation law, as
     2  added by chapter 172 of the laws of 2007, is amended to read as follows:
     3  § 27-2513. Exemptions.
     4    Notwithstanding any inconsistent provision of law,  this  title  shall
     5  not apply to:
     6    1.  [railroads, as defined in subdivisions twenty-four and twenty-nine
     7  of section two of the transportation law or within the scope  of  titles
     8  nine and eleven of article five of the public authorities law;
     9    2.  the operation and/or maintenance of railroad and railroad shipping
    10  facilities, including but not limited to the right of way, tracks, track
    11  sidings, team tracks and bridges;
    12    3.] any electric corporation, as defined by  subdivision  thirteen  of
    13  section  two of the public service law, nor shall it apply to the opera-
    14  tion, use, or maintenance of any new or existing utility pole or facili-
    15  ties owned or used, in whole or in part,  by  a  telephone  corporation,
    16  utility company, or cable television company, as defined by subdivisions
    17  seventeen and twenty-three of section two and subdivision one of section
    18  two hundred twelve of the public service law, respectively;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03301-01-9
        S. 4982                             2                            A. 7005
     1    [4.]  2.  the  use  of  one  or  more  utility  poles by any person in
     2  connection with the suspension  or  support  of  power,  communications,
     3  utility  wires,  lines or cables and related equipment, antennae, light-
     4  ing, signals, electric or electronic devices  or  similar  equipment  or
     5  apparatus;
     6    [5.]  3.  any  public authority that owns and operates electric trans-
     7  mission or distribution lines, a municipally owned electric utility or a
     8  rural electric cooperative, nor shall it apply to the operation, use, or
     9  maintenance of any new or existing utility pole or facilities  owned  or
    10  used,  in  whole  or  in part, by any such public authority, municipally
    11  owned electric utility, or rural electric cooperative; and
    12    [6.] 4. until January first, two thousand ten, any existing marina  or
    13  other  facility  for berthing and mooring of pleasure vessels, including
    14  rowboats and canoes, and the storage thereof, and any existing  facility
    15  that  services  pleasure  vessels other than an existing marina or other
    16  facility for berthing and mooring of pleasure vessels, or facility  that
    17  services  pleasure  vessels owned and/or operated by a municipal entity.
    18  For the purpose of this section, pleasure vessel  shall  have  the  same
    19  meaning  as  in  paragraph  (c) of subdivision six of section two of the
    20  navigation law.
    21    § 2. Severability clause. If any provision of this act or  application
    22  thereof  shall  for  any  reason  be  adjudged by any court of competent
    23  jurisdiction to be invalid, such judgment shall not affect,  impair,  or
    24  invalidate the remainder of the act, but shall be confined in its opera-
    25  tion  to  the  provision thereof directly involved in the controversy in
    26  which the judgment shall have been rendered.
    27    § 3. This act shall take effect immediately.