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".
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A730
SPONSOR: Lentol TITLE OF BILL: An act to amend the navigation law, in relation to the
detection of petroleum discharges
PROVISIONS: As a condition to the issuance or renewal of a license,
the Department of Environmental Conservation shall require 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 the accidental discharge of petroleum. Within one year of
the date of this bill, major facilities must install equipment to
promptly detect discharges of petroleum from a tank and any connected
pipelines that routinely contain petroleum.
PURPOSE: It is the purpose of this bill, to ensure a clean environment
and a healthy economy for the state by allowing the early discovery of
discharges of petroleum which may result in damages to lands, waters or
natural resources of the state by authorizing the Department of Environ-
mental Conservation to respond quickly to discharges giving first prior-
ity to minimizing environmental damage, and by providing for liability
for damage sustained within the state as a result of such discharges.
Present law refers only to the early detection of leaks and does not
refer explicitly to the prompt detection of sudden discharges.
FISCAL IMPLICATIONS: There will be no cost to the State of New York.
LEGISLATIVE HISTORY: A.2668/S.1689 of 1991-1992 A.2278/S.1259 of
1993-94 A.789/S.589of 1995-96 A.14/S.196 of 1997-98 A.260/S.578 of
1999-00 A.589/S2685 of 2001-02 A.218 of 2003-04 A.904 of 2005-06 A.1622
of 2007-08 A.3837/S.8473 of 2009-10 A.558 of 2011-12 A.1352 2013-14
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
730
2015-2016 Regular Sessions
IN ASSEMBLY
January 7, 2015
___________
Introduced by M. of A. LENTOL -- read once and referred to the Committee
on Environmental Conservation
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 § 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 § 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 § 4. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01823-01-5
