Provides that the department of transportation shall be responsible for the supervision, coordination and approval of highway routing designations for the transportation of hazardous materials in the event that the governor fails to designate an agency therefor.
STATE OF NEW YORK
________________________________________________________________________
2505
2009-2010 Regular Sessions
IN SENATE
February 23, 2009
___________
Introduced by Sens. DeFRANCISCO, VOLKER -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Transporta-
tion
AN ACT in relation to the supervision, coordination and approval of
highway routing designations for the transportation of hazardous mate-
rials
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Notwithstanding any other provision of law to the contrary,
2 in the event that the governor does not designate an agency to super-
3 vise, coordinate, and approve highway routing designations for the
4 transportation of hazardous materials by January 1, 2010, the department
5 of transportation is hereby designated to be the agency for supervising,
6 coordinating and approving highway routing designations for the trans-
7 portation of hazardous materials. For purposes of this act, "hazardous
8 materials" shall mean hazardous materials as defined in section 14-f of
9 the transportation law and shall also include municipal solid waste.
10 § 2. The commissioner of transportation, if no agency is designated by
11 the governor or the commissioner of the agency designated by the gover-
12 nor to supervise, coordinate and approve highway routing designations
13 for the transportation of hazardous materials, shall promulgate rules
14 and regulations for permitting the routing of such materials. In adopt-
15 ing such rules and regulations, the agency shall use as general guide-
16 lines the standards and specifications for the safe transportation of
17 hazardous materials contained in federal statute and the rules and regu-
18 lations promulgated thereunder, as amended from time to time. Such rules
19 and regulations shall include, but not be limited to, the following:
20 1. Route designations for the transportation of hazardous materials
21 listed in table 1 of 49 C.F.R. 172.504 in any quantity, and materials
22 listed in table 2 of 49 C.F.R. 172.504 when carried in quantities of
23 five hundred gallons or more;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03103-01-9
S. 2505 2
1 2. In consultation with the department of health and the department of
2 environmental conservation, procedures for designating routes for the
3 transportation of hazardous materials including procedures for consult-
4 ing appropriate local government entities and procedures for public
5 hearings prior to any route designations;
6 3. Criteria for route designations for the transportation of hazardous
7 materials which are consistent with all applicable federal laws and
8 regulations and which provide for the following:
9 a. routes which are feasible, practicable and not unreasonably expen-
10 sive;
11 b. routes which ensure continuous highway routing between adjacent
12 areas;
13 c. routes which provide greater safety to the public than other feasi-
14 ble routes and do not arbitrarily divert the transportation of hazardous
15 materials from one community to another; and
16 d. routes that do not unreasonably burden interstate commerce or
17 interfere with the pick-up or delivery of hazardous materials.
18 § 3. This act shall take effect immediately.
