STATE OF NEW YORK
________________________________________________________________________
5846--A
2013-2014 Regular Sessions
IN SENATE
June 18, 2013
___________
Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the environmental conservation law, in relation to the
criteria for siting and 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 1 of section 23-1709 of the environmental
2 conversation law, as amended by chapter 233 of the laws of 1979, is
3 amended to read as follows:
4 1. The department shall, after investigation and opportunity for
5 public comment, [within one year from the effective date of this
6 section] no later than December thirty-first, two thousand thirteen,
7 adopt, and file with the secretary of state, regulations establishing
8 criteria for the siting of liquefied natural and petroleum gas facili-
9 ties. Such siting criteria shall be designed to insure the maximum safe-
10 ty of the public from hazards associated with liquefied natural or
11 petroleum gas storage, transportation and conversion. The department
12 shall also within one year from such effective date adopt regulations
13 prescribing the form and content of applications for environmental safe-
14 ty permits to construct a liquefied natural or petroleum gas facility.
15 § 2. Paragraphs (b) and (c) of subdivision 2 and paragraph (c) of
16 subdivision 3 of section 23-1709 of the environmental conservation law
17 are REPEALED.
18 § 3. Subdivision 2 of section 23-1713 of the environmental conserva-
19 tion law, as added by chapter 892 of the laws of 1976, is amended to
20 read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11573-02-3
S. 5846--A 2
1 2. [The department of transportation in consultation with the depart-
2 ment of environmental conservation shall establish criteria for the
3 safe] All transportation of such liquefied natural and petroleum gas[.
4 Such criteria shall take into consideration the proximity of the route
5 or routes to contiguous populations, the capability of municipal fire
6 departments to protect communities and contiguous populations against
7 fire cloud damage attendant upon vapor release of the gas from its cryo-
8 genic state due to accident or malfunction in equipment, and the risk of
9 further accident related thereto and conflagration attendant upon its
10 ignition. Such department's criteria shall be no less restrictive than
11 existing federal regulations. Such department shall within one year from
12 the effective date of this section, adopt regulations prescribing the
13 forms and procedures to be followed, which shall include notice to all
14 affected municipal police and fire departments, for the certification of
15 routes to be used for the safe intrastate transportation of such lique-
16 fied natural and petroleum gas] shall comply with all applicable federal
17 and state laws, rules and regulations and be conducted by carriers with
18 a hazardous materials safety permit issued by the federal motor carrier
19 safety administration.
20 § 4. Subdivisions 1, 3 and 4 of section 23-1713 of the environmental
21 conservation law are REPEALED.
22 § 5. Subdivisions 1 and 4 of section 23-1715 of the environmental
23 conservation law, as amended by chapter 233 of the laws of 1979, are
24 amended to read as follows:
25 1. The department shall have continuing responsibility of inspection
26 to insure compliance with the terms of an environmental safety permit
27 issued under section 23-1707[, of route certification under section
28 23-1713,] and with regard to non-conforming facilities under section
29 23-1719, all in accordance with the terms of this title. It may do so
30 either with its own personnel exclusively, or by contract with one or
31 more of the affected municipalities, utilizing municipal inspection
32 personnel, or with one or more private firms qualified to monitor
33 compliance and certify with respect thereto, or by a combination of the
34 foregoing means as it may by regulation provide.
35 4. In the event of the failure of the holder of an environmental safe-
36 ty permit issued under section 23-1707[, of route certification under
37 section 23-1713,] or of a non-conforming facility under section 23-1719
38 to comply with the terms thereof or the provisions of the rules and
39 regulations adopted under article 70 of this chapter, the department may
40 revoke said permit or certificate pursuant to the provisions of article
41 70 of this chapter and impose upon the holder of such permit or certif-
42 icate a civil penalty of up to one thousand dollars for each day the
43 holder thereof has failed to comply with this title or a permit or
44 certificate issued hereunder, together with the allocated costs of the
45 revocation and enforcement proceeding itself.
46 § 6. Subdivisions 4, 6 and 8 of section 23-1717 of the environmental
47 conservation law, subdivisions 4 and 8 as added by chapter 892 of the
48 laws of 1976, and subdivision 6 as amended by chapter 233 of the laws of
49 1979, are amended to read as follows:
50 4. The report of the department shall detail the capability and
51 preparedness, or lack thereof, of such fire department or departments
52 effectively to prevent or extinguish a fire at or related to any of the
53 reported facilities[, or in connection with the transportation] of
54 liquefied natural or petroleum gas; proposals for further training and
55 qualification of personnel which, if implemented, would enable such fire
56 department or departments effectively to carry out such responsibil-
S. 5846--A 3
1 ities; and a detailed analysis of the cost of training and qualification
2 of such municipal fire department personnel to do so, including those
3 related to additional manpower, new or additional equipment, or training
4 of such personnel, although not limited thereto. Such report, in its
5 cost analysis and in making recommendations with respect thereto, shall
6 report separately with regard to projected hiring of additional person-
7 nel, the purchase of new or additional equipment and supplies, and
8 necessary training courses, on an initial and continuing basis, together
9 with any other proposals in implementation of this section; and, in
10 addition, shall make specific finding, with regard to the particular
11 municipal fire department or departments involved, which of said
12 proposals is or are required to be implemented to be carried out to
13 comply with the requirements of subdivision three of this section,
14 together with the reasonable cost thereof.
15 6. Upon application for an environmental safety permit under section
16 23-1707 [or for certification of a transportation route under section
17 23-1713], the procedure of notification, consultation, and report and
18 determination with regard to municipal fire department training program
19 and cost thereof shall be integrated with the application and the deter-
20 mination of the department, if to grant the permit or certificate or
21 certificates, shall include the determination thereof with regard to
22 implementation of the training and qualification requirements of this
23 section and the allocation of the cost thereof, with respect to the
24 particular permit or certificate or certificates granted, to the utility
25 or other person subject to the requirements of this title.
26 8. The storage[, transportation,] and conversion of liquefied natural
27 and petroleum gas within the state, in view of its extreme volatility,
28 high flammability, and dangerous qualities if mishandled resulting in
29 accidental release, is determined to be hazardous and entails strict
30 liability on the part of any person, as defined under this title, that
31 undertakes such activities in the state. Neither compliance with the
32 requirements of this title, nor the exercise of due care, shall excuse
33 any such person from liability for personal or property damage deter-
34 mined to be caused by the accidental release of liquefied natural or
35 petroleum gas within the state, and neither proof of means of ignition
36 nor distinctions between direct and consequential damage shall relieve
37 such person of absolute liability without regard to intent or negligence
38 for any personal or property damage thereby caused.
39 § 7. This act shall take effect immediately.
