STATE OF NEW YORK
________________________________________________________________________
8110
2013-2014 Regular Sessions
IN ASSEMBLY
June 20, 2013
___________
Introduced by M. of A. CAMARA -- read once and referred to the Committee
on Environmental Conservation
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17 are REPEALED.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:
21 2. [The department of transportation in consultation with the depart-
22 ment of environmental conservation shall establish criteria for the
23 safe] All transportation of such liquefied natural and petroleum gas[.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11573-04-3
A. 8110 2
1 Such criteria shall take into consideration the proximity of the route
2 or routes to contiguous populations, the capability of municipal fire
3 departments to protect communities and contiguous populations against
4 fire cloud damage attendant upon vapor release of the gas from its cryo-
5 genic state due to accident or malfunction in equipment, and the risk of
6 further accident related thereto and conflagration attendant upon its
7 ignition. Such department's criteria shall be no less restrictive than
8 existing federal regulations. Such department shall within one year from
9 the effective date of this section, adopt regulations prescribing the
10 forms and procedures to be followed, which shall include notice to all
11 affected municipal police and fire departments, for the certification of
12 routes to be used for the safe intrastate transportation of such lique-
13 fied natural and petroleum gas] shall comply with all applicable federal
14 and state laws, rules and regulations and be conducted by carriers with
15 a hazardous materials safety permit issued by the federal motor carrier
16 safety administration.
17 § 4. Subdivisions 1, 3 and 4 of section 23-1713 of the environmental
18 conservation law are REPEALED.
19 § 5. Subdivisions 1 and 4 of section 23-1715 of the environmental
20 conservation law, as amended by chapter 233 of the laws of 1979, are
21 amended to read as follows:
22 1. The department shall have continuing responsibility of inspection
23 to insure compliance with the terms of an environmental safety permit
24 issued under section 23-1707[, of route certification under section
25 23-1713,] and with regard to non-conforming facilities under section
26 23-1719, all in accordance with the terms of this title. It may do so
27 either with its own personnel exclusively, or by contract with one or
28 more of the affected municipalities, utilizing municipal inspection
29 personnel, or with one or more private firms qualified to monitor
30 compliance and certify with respect thereto, or by a combination of the
31 foregoing means as it may by regulation provide.
32 4. In the event of the failure of the holder of an environmental safe-
33 ty permit issued under section 23-1707[, of route certification under
34 section 23-1713,] or of a non-conforming facility under section 23-1719
35 to comply with the terms thereof or the provisions of the rules and
36 regulations adopted under article 70 of this chapter, the department may
37 revoke said permit or certificate pursuant to the provisions of article
38 70 of this chapter and impose upon the holder of such permit or certif-
39 icate a civil penalty of up to one thousand dollars for each day the
40 holder thereof has failed to comply with this title or a permit or
41 certificate issued hereunder, together with the allocated costs of the
42 revocation and enforcement proceeding itself.
43 § 6. Subdivisions 4, 6 and 8 of section 23-1717 of the environmental
44 conservation law, subdivisions 4 and 8 as added by chapter 892 of the
45 laws of 1976, and subdivision 6 as amended by chapter 233 of the laws of
46 1979, are amended to read as follows:
47 4. The report of the department shall detail the capability and
48 preparedness, or lack thereof, of such fire department or departments
49 effectively to prevent or extinguish a fire at or related to any of the
50 reported facilities[, or in connection with the transportation] of
51 liquefied natural or petroleum gas; proposals for further training and
52 qualification of personnel which, if implemented, would enable such fire
53 department or departments effectively to carry out such responsibil-
54 ities; and a detailed analysis of the cost of training and qualification
55 of such municipal fire department personnel to do so, including those
56 related to additional manpower, new or additional equipment, or training
A. 8110 3
1 of such personnel, although not limited thereto. Such report, in its
2 cost analysis and in making recommendations with respect thereto, shall
3 report separately with regard to projected hiring of additional person-
4 nel, the purchase of new or additional equipment and supplies, and
5 necessary training courses, on an initial and continuing basis, together
6 with any other proposals in implementation of this section; and, in
7 addition, shall make specific finding, with regard to the particular
8 municipal fire department or departments involved, which of said
9 proposals is or are required to be implemented to be carried out to
10 comply with the requirements of subdivision three of this section,
11 together with the reasonable cost thereof.
12 6. Upon application for an environmental safety permit under section
13 23-1707 [or for certification of a transportation route under section
14 23-1713], the procedure of notification, consultation, and report and
15 determination with regard to municipal fire department training program
16 and cost thereof shall be integrated with the application and the deter-
17 mination of the department, if to grant the permit or certificate or
18 certificates, shall include the determination thereof with regard to
19 implementation of the training and qualification requirements of this
20 section and the allocation of the cost thereof, with respect to the
21 particular permit or certificate or certificates granted, to the utility
22 or other person subject to the requirements of this title.
23 8. The storage[, transportation,] and conversion of liquefied natural
24 and petroleum gas within the state, in view of its extreme volatility,
25 high flammability, and dangerous qualities if mishandled resulting in
26 accidental release, is determined to be hazardous and entails strict
27 liability on the part of any person, as defined under this title, that
28 undertakes such activities in the state. Neither compliance with the
29 requirements of this title, nor the exercise of due care, shall excuse
30 any such person from liability for personal or property damage deter-
31 mined to be caused by the accidental release of liquefied natural or
32 petroleum gas within the state, and neither proof of means of ignition
33 nor distinctions between direct and consequential damage shall relieve
34 such person of absolute liability without regard to intent or negligence
35 for any personal or property damage thereby caused.
36 § 7. This act shall take effect immediately.
