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

                                  2505

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            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:

  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
              

S. 2505                             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.