S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3012

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2009
                               ___________

Introduced  by M. of A. BARCLAY, FINCH, KOLB, OAKS -- Multi-Sponsored by
  -- M. of A.  CHRISTENSEN, McDONOUGH -- read once and referred  to  the
  Committee on Transportation

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:

  Section 1. Notwithstanding any other provision of law to the contrary,
in  the  event  that the governor does not designate an agency to super-
vise, coordinate, and  approve  highway  routing  designations  for  the
transportation of hazardous materials by January 1, 2010, the department
of transportation is hereby designated to be the agency for supervising,
coordinating  and  approving highway routing designations for the trans-
portation of hazardous materials. For purposes of this  act,  "hazardous
materials"  shall mean hazardous materials as defined in section 14-f of
the transportation law and shall also include municipal solid waste.
  S 2. The commissioner of transportation, if no agency is designated by
the governor or the commissioner of the agency designated by the  gover-
nor  to  supervise,  coordinate and approve highway routing designations
for the transportation of hazardous materials,  shall  promulgate  rules
and  regulations for permitting the routing of such materials. In adopt-
ing such rules and regulations, the agency shall use as  general  guide-
lines  the  standards  and specifications for the safe transportation of
hazardous materials contained in federal statute and the rules and regu-
lations promulgated thereunder, as amended from time to time. Such rules
and regulations shall include, but not be limited to, the following:
  1. Route designations for the transportation  of  hazardous  materials
listed  in  table  1 of 49 C.F.R. 172.504 in any quantity, and materials
listed in table 2 of 49 C.F.R. 172.504 when  carried  in  quantities  of
five hundred gallons or more;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03103-01-9
              

A. 3012                             2

  2. In consultation with the department of health and the department of
environmental  conservation,  procedures  for designating routes for the
transportation of hazardous materials including procedures for  consult-
ing  appropriate  local  government  entities  and procedures for public
hearings prior to any route designations;
  3. Criteria for route designations for the transportation of hazardous
materials  which  are  consistent  with  all applicable federal laws and
regulations and which provide for the following:
  a. routes which are feasible, practicable and not unreasonably  expen-
sive;
  b.  routes  which  ensure  continuous highway routing between adjacent
areas;
  c. routes which provide greater safety to the public than other feasi-
ble routes and do not arbitrarily divert the transportation of hazardous
materials from one community to another; and
  d. routes that do  not  unreasonably  burden  interstate  commerce  or
interfere with the pick-up or delivery of hazardous materials.
  S 3. This act shall take effect immediately.