Bill Text: NY S08473 | 2009-2010 | General Assembly | Introduced

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Bill Title: Requires the department of environmental conservation to require, as a condition precedent to the issuance or renewal of a major facility license, the submission of satisfactory evidence that the applicant has implemented, or is in the process of implementing, state and federal plans and regulations for the prompt detection of petroleum discharges; requires applicants for a major facility license to submit information, in form satisfactory to the commissioner, describing the equipment used at the facility to promptly detect petroleum discharges; requires major facilities to install equipment to promptly detect discharges of petroleum from a tank and any connected petroleum pipelines within one year of effective date; defines "prompt detection".

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-08-20 - REFERRED TO RULES [S08473 Detail]

Download: New_York-2009-S08473-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8473
                                   I N  S E N A T E
                                    August 20, 2010
                                      ___________
       Introduced  by Sens. PARKER, SQUADRON -- read twice and ordered printed,
         and when printed to be committed to the Committee on Rules
       AN ACT to amend the navigation law, in  relation  to  the  detection  of
         petroleum discharges
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 3 of section 174  of  the  navigation  law,  as
    2  amended  by  chapter  35  of  the  laws  of  1985, is amended to read as
    3  follows:
    4    3. As a condition precedent to the issuance or [renewel] RENEWAL of  a
    5  license,  the  department  OF  ENVIRONMENTAL  CONSERVATION shall require
    6  satisfactory evidence that the applicant has implemented or  is  in  the
    7  process  of  implementing  state  and  federal plans and regulations for
    8  control AND  PROMPT  DETECTION  of  discharges  of  petroleum,  and  the
    9  containment and removal thereof when a discharge occurs.
   10    S  2. Subdivision 9 of section 174 of the navigation law is amended by
   11  adding a new paragraph (e) to read as follows:
   12    (E) THE EQUIPMENT USED AT THE FACILITY TO PROMPTLY  DETECT  DISCHARGES
   13  OF PETROLEUM.
   14    S  3.  Section  174 of the navigation law is amended by adding two new
   15  subdivisions 12 and 13 to read as follows:
   16    12. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS  SUBDIVISION,  MAJOR
   17  FACILITIES  MUST  INSTALL  EQUIPMENT  TO  PROMPTLY  DETECT DISCHARGES OF
   18  PETROLEUM FROM A TANK AND ANY CONNECTED PIPELINES THAT ROUTINELY CONTAIN
   19  PETROLEUM.
   20    13. AS USED IN THIS SECTION, THE TERM  "PROMPT  DETECTION"  MEANS  THE
   21  DETECTION  OF  A  DISCHARGE  WITHIN  TWENTY-FOUR  HOURS,  OR  SOONER  AS
   22  PRESCRIBED BY THE DEPARTMENT OF  ENVIRONMENTAL  CONSERVATION,  FROM  THE
   23  ONSET OF SUCH DISCHARGE.
   24    S 4.  This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05877-01-9