Bill Text: NY S02823 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to the transportation of liquefied natural and petroleum gas.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S02823 Detail]

Download: New_York-2017-S02823-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2823
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 17, 2017
                                       ___________
        Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation
        AN ACT to amend the environmental conservation law, in relation  to  the
          transportation  of  liquefied natural and petroleum gas, and to repeal
          certain provisions of such law relating thereto
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.    Subdivision  2  of section 23-1713 of the environmental
     2  conservation law, as added by chapter  892  of  the  laws  of  1976,  is
     3  amended to read as follows:
     4    2.  [The department of transportation in consultation with the depart-
     5  ment of environmental conservation  shall  establish  criteria  for  the
     6  safe]  All  transportation of such liquefied natural and petroleum gas[.
     7  Such criteria shall take into consideration the proximity of  the  route
     8  or  routes  to  contiguous populations, the capability of municipal fire
     9  departments to protect communities and  contiguous  populations  against
    10  fire cloud damage attendant upon vapor release of the gas from its cryo-
    11  genic state due to accident or malfunction in equipment, and the risk of
    12  further  accident  related  thereto and conflagration attendant upon its
    13  ignition. Such department's criteria shall be no less  restrictive  than
    14  existing federal regulations. Such department shall within one year from
    15  the  effective  date  of this section, adopt regulations prescribing the
    16  forms and procedures to be followed, which shall include notice  to  all
    17  affected municipal police and fire departments, for the certification of
    18  routes  to be used for the safe intrastate transportation of such lique-
    19  fied natural and petroleum gas] shall comply with all applicable federal
    20  and state laws, rules and regulations and be conducted by carriers  with
    21  a  hazardous materials safety permit issued by the federal motor carrier
    22  safety administration.
    23    § 2. Subdivisions 1, 3 and 4 of section 23-1713 of  the  environmental
    24  conservation law are REPEALED.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07052-01-7
        S. 2823                             2
     1    §  3.  Subdivisions  1  and  4 of section 23-1715 of the environmental
     2  conservation law, as amended by chapter 233 of the  laws  of  1979,  are
     3  amended to read as follows:
     4    1.  The  department shall have continuing responsibility of inspection
     5  to insure compliance with the terms of an  environmental  safety  permit
     6  issued  under  section  23-1707[,  of  route certification under section
     7  23-1713,] and with regard to  non-conforming  facilities  under  section
     8  23-1719,  all  in  accordance with the terms of this title. It may do so
     9  either with its own personnel exclusively, or by contract  with  one  or
    10  more  of  the  affected  municipalities,  utilizing municipal inspection
    11  personnel, or with one  or  more  private  firms  qualified  to  monitor
    12  compliance  and certify with respect thereto, or by a combination of the
    13  foregoing means as it may by regulation provide.
    14    4. In the event of the failure of the holder of an environmental safe-
    15  ty permit issued under section 23-1707[, of  route  certification  under
    16  section  23-1713,] or of a non-conforming facility under section 23-1719
    17  to comply with the terms thereof or the  provisions  of  the  rules  and
    18  regulations adopted under article 70 of this chapter, the department may
    19  revoke  said permit or certificate pursuant to the provisions of article
    20  70 of this chapter and impose upon the holder of such permit or  certif-
    21  icate  a  civil  penalty  of up to one thousand dollars for each day the
    22  holder thereof has failed to comply with  this  title  or  a  permit  or
    23  certificate  issued  hereunder, together with the allocated costs of the
    24  revocation and enforcement proceeding itself.
    25    § 4. Subdivisions 4, 6 and 8 of section 23-1717 of  the  environmental
    26  conservation  law,  subdivisions  4 and 8 as added by chapter 892 of the
    27  laws of 1976, and subdivision 6 as amended by chapter 233 of the laws of
    28  1979, are amended to read as follows:
    29    4. The report of  the  department  shall  detail  the  capability  and
    30  preparedness,  or  lack  thereof, of such fire department or departments
    31  effectively to prevent or extinguish a fire at or related to any of  the
    32  reported  facilities[,  or  in  connection  with  the transportation] of
    33  liquefied natural or petroleum gas; proposals for further  training  and
    34  qualification of personnel which, if implemented, would enable such fire
    35  department  or  departments  effectively  to carry out such responsibil-
    36  ities; and a detailed analysis of the cost of training and qualification
    37  of such municipal fire department personnel to do  so,  including  those
    38  related to additional manpower, new or additional equipment, or training
    39  of  such  personnel,  although not limited thereto.  Such report, in its
    40  cost analysis and in making recommendations with respect thereto,  shall
    41  report  separately with regard to projected hiring of additional person-
    42  nel, the purchase of new  or  additional  equipment  and  supplies,  and
    43  necessary training courses, on an initial and continuing basis, together
    44  with  any  other  proposals  in  implementation of this section; and, in
    45  addition, shall make specific finding, with  regard  to  the  particular
    46  municipal  fire  department  or  departments  involved,  which  of  said
    47  proposals is or are required to be implemented  to  be  carried  out  to
    48  comply  with  the  requirements  of  subdivision  three of this section,
    49  together with the reasonable cost thereof.
    50    6. Upon application for an environmental safety permit  under  section
    51  23-1707  [or  for  certification of a transportation route under section
    52  23-1713], the procedure of notification, consultation,  and  report  and
    53  determination  with regard to municipal fire department training program
    54  and cost thereof shall be integrated with the application and the deter-
    55  mination of the department, if to grant the  permit  or  certificate  or
    56  certificates,  shall  include  the  determination thereof with regard to
        S. 2823                             3
     1  implementation of the training and qualification  requirements  of  this
     2  section  and  the  allocation  of  the cost thereof, with respect to the
     3  particular permit or certificate or certificates granted, to the utility
     4  or other person subject to the requirements of this title.
     5    8.  The storage[, transportation,] and conversion of liquefied natural
     6  and petroleum gas within the state, in view of its  extreme  volatility,
     7  high  flammability,  and  dangerous qualities if mishandled resulting in
     8  accidental release, is determined to be  hazardous  and  entails  strict
     9  liability  on  the part of any person, as defined under this title, that
    10  undertakes such activities in the state.  Neither  compliance  with  the
    11  requirements  of  this title, nor the exercise of due care, shall excuse
    12  any such person from liability for personal or  property  damage  deter-
    13  mined  to  be  caused  by the accidental release of liquefied natural or
    14  petroleum gas within the state, and neither proof of means  of  ignition
    15  nor  distinctions  between direct and consequential damage shall relieve
    16  such person of absolute liability without regard to intent or negligence
    17  for any personal or property damage thereby caused.
    18    § 5. This act shall take effect immediately.