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

                                  8110

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              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:

  Section  1.  Subdivision  1  of  section  23-1709 of the environmental
conversation law, as amended by chapter 233 of  the  laws  of  1979,  is
amended to read as follows:
  1.  The  department  shall,  after  investigation  and opportunity for
public comment, [within  one  year  from  the  effective  date  of  this
section]  NO  LATER  THAN  DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTEEN,
adopt, and file with the secretary of  state,  regulations  establishing
criteria  for  the siting of liquefied natural and petroleum gas facili-
ties. Such siting criteria shall be designed to insure the maximum safe-
ty of the public from  hazards  associated  with  liquefied  natural  or
petroleum  gas  storage,  transportation  and conversion. The department
shall also within one year from such effective  date  adopt  regulations
prescribing the form and content of applications for environmental safe-
ty permits to construct a liquefied natural or petroleum gas facility.
  S  2.  Paragraphs  (b)  and  (c) of subdivision 2 and paragraph (c) of
subdivision 3 of section 23-1709 of the environmental  conservation  law
are REPEALED.
  S  3.  Subdivision 2 of section 23-1713 of the environmental conserva-
tion law, as added by chapter 892 of the laws of  1976,  is  amended  to
read as follows:
  2.  [The department of transportation in consultation with the depart-
ment of environmental conservation  shall  establish  criteria  for  the
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

Such criteria shall take into consideration the proximity of  the  route
or  routes  to  contiguous populations, the capability of municipal fire
departments to protect communities and  contiguous  populations  against
fire cloud damage attendant upon vapor release of the gas from its cryo-
genic state due to accident or malfunction in equipment, and the risk of
further  accident  related  thereto and conflagration attendant upon its
ignition. Such department's criteria shall be no less  restrictive  than
existing federal regulations. Such department shall within one year from
the  effective  date  of this section, adopt regulations prescribing the
forms and procedures to be followed, which shall include notice  to  all
affected municipal police and fire departments, for the certification of
routes  to be used for the safe intrastate transportation of such lique-
fied natural and petroleum gas] SHALL COMPLY WITH ALL APPLICABLE FEDERAL
AND STATE LAWS, RULES AND REGULATIONS AND BE CONDUCTED BY CARRIERS  WITH
A  HAZARDOUS MATERIALS SAFETY PERMIT ISSUED BY THE FEDERAL MOTOR CARRIER
SAFETY ADMINISTRATION.
  S 4. Subdivisions 1, 3 and 4 of section 23-1713 of  the  environmental
conservation law are REPEALED.
  S  5.  Subdivisions  1  and  4 of section 23-1715 of the environmental
conservation law, as amended by chapter 233 of the  laws  of  1979,  are
amended to read as follows:
  1.  The  department shall have continuing responsibility of inspection
to insure compliance with the terms of an  environmental  safety  permit
issued  under  section  23-1707[,  of  route certification under section
23-1713,] and with regard to  non-conforming  facilities  under  section
23-1719,  all  in  accordance with the terms of this title. It may do so
either with its own personnel exclusively, or by contract  with  one  or
more  of  the  affected  municipalities,  utilizing municipal inspection
personnel, or with one  or  more  private  firms  qualified  to  monitor
compliance  and certify with respect thereto, or by a combination of the
foregoing means as it may by regulation provide.
  4. In the event of the failure of the holder of an environmental safe-
ty permit issued under section 23-1707[, of  route  certification  under
section  23-1713,] or of a non-conforming facility under section 23-1719
to comply with the terms thereof or the  provisions  of  the  rules  and
regulations adopted under article 70 of this chapter, the department may
revoke  said permit or certificate pursuant to the provisions of article
70 of this chapter and impose upon the holder of such permit or  certif-
icate  a  civil  penalty  of up to one thousand dollars for each day the
holder thereof has failed to comply with  this  title  or  a  permit  or
certificate  issued  hereunder, together with the allocated costs of the
revocation and enforcement proceeding itself.
  S 6. Subdivisions 4, 6 and 8 of section 23-1717 of  the  environmental
conservation  law,  subdivisions  4 and 8 as added by chapter 892 of the
laws of 1976, and subdivision 6 as amended by chapter 233 of the laws of
1979, are amended to read as follows:
  4. The report of  the  department  shall  detail  the  capability  and
preparedness,  or  lack  thereof, of such fire department or departments
effectively to prevent or extinguish a fire at or related to any of  the
reported  facilities[,  or  in  connection  with  the transportation] of
liquefied natural or petroleum gas; proposals for further  training  and
qualification of personnel which, if implemented, would enable such fire
department  or  departments  effectively  to carry out such responsibil-
ities; and a detailed analysis of the cost of training and qualification
of such municipal fire department personnel to do  so,  including  those
related to additional manpower, new or additional equipment, or training

A. 8110                             3

of  such  personnel,  although not limited thereto.  Such report, in its
cost analysis and in making recommendations with respect thereto,  shall
report  separately with regard to projected hiring of additional person-
nel,  the  purchase  of  new  or  additional equipment and supplies, and
necessary training courses, on an initial and continuing basis, together
with any other proposals in implementation  of  this  section;  and,  in
addition,  shall  make  specific  finding, with regard to the particular
municipal  fire  department  or  departments  involved,  which  of  said
proposals  is  or  are  required  to be implemented to be carried out to
comply with the requirements  of  subdivision  three  of  this  section,
together with the reasonable cost thereof.
  6.  Upon  application for an environmental safety permit under section
23-1707 [or for certification of a transportation  route  under  section
23-1713],  the  procedure  of notification, consultation, and report and
determination with regard to municipal fire department training  program
and cost thereof shall be integrated with the application and the deter-
mination  of  the  department,  if to grant the permit or certificate or
certificates, shall include the determination  thereof  with  regard  to
implementation  of  the  training and qualification requirements of this
section and the allocation of the cost  thereof,  with  respect  to  the
particular permit or certificate or certificates granted, to the utility
or other person subject to the requirements of this title.
  8.  The storage[, transportation,] and conversion of liquefied natural
and petroleum gas within the state, in view of its  extreme  volatility,
high  flammability,  and  dangerous qualities if mishandled resulting in
accidental release, is determined to be  hazardous  and  entails  strict
liability  on  the part of any person, as defined under this title, that
undertakes such activities in the state.  Neither  compliance  with  the
requirements  of  this title, nor the exercise of due care, shall excuse
any such person from liability for personal or  property  damage  deter-
mined  to  be  caused  by the accidental release of liquefied natural or
petroleum gas within the state, and neither proof of means  of  ignition
nor  distinctions  between direct and consequential damage shall relieve
such person of absolute liability without regard to intent or negligence
for any personal or property damage thereby caused.
  S 7. This act shall take effect immediately.