NY State Senate Bill 2013-S5846A

Senate Bill S5846A

2013-2014 Legislative Session

Relates to the criteria for siting and the transportation of liquefied natural and petroleum gas; repealer

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to environmental conservation returned to senate died in assembly
Jun 21, 2013	referred to environmental conservation delivered to assembly passed senate ordered to third reading cal.1580
Jun 18, 2013	print number 5846a
Jun 18, 2013	amend (t) and recommit to rules referred to rules

Votes

- Jun 21, 2013 - Floor Vote
  S5846A
  
  44
  
  Aye
  
  19
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 21, 2013
      
      aye (44)
      
      Ball
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Farley
      
      Felder
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Kennedy
      
      Klein
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Parker
      
      Peralta
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Sampson
      
      Savino
      
      Seward
      
      Skelos
      
      Smith
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (19)
      
      Adams
      
      Addabbo Jr.
      
      Avella
      
      Espaillat
      
      Gianaris
      
      Gipson
      
      Hoylman-Sigal
      
      Krueger
      
      LaValle
      
      Latimer
      
      O'Brien
      
      Perkins
      
      Rivera
      
      Sanders Jr.
      
      Serrano
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
  Jun 21, 2013 - Rules Committee Vote
  S5846A
  
  19
  
  Aye
  
  3
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 21, 2013
      
      aye (19)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Hassell-Thompson
      
      Larkin
      
      Libous
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      nay (3)
      
      Espaillat
      
      Gianaris
      
      Krueger
      
      aye wr (3)
      
      Hannon
      
      LaValle
      
      Perkins

Bill Amendments

Original

A (Active)

2013-S5846 - Details

See Assembly Version of this Bill:: A8110
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§23-1709, 23-1713, 23-1715 & 23-1717, rpld §23-1709 sub 3 ¶(c) & sub 2 ¶¶(b) & (c), §23-1713 subs 1, 3 & 4, En Con L

2013-S5846 - Summary

Relates to the criteria for siting and the transportation of liquefied natural and petroleum gas.

2013-S5846 - Sponsor Memo

                                BILL NUMBER:S5846

TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to the criteria for siting and the transportation of liquefied
natural and petroleum gas

PURPOSE: To amend the environmental conservation law to require the
Departments of Environmental Conservation and Transportation to issue
regulations for the siting and transportation of liquefied natural gas
and petroleum gas by a date certain.

SUMMARY OF PROVISIONS:

Section 1 amends subdivision one of section 23-1709 of the environmental
conservation law to require the Department of Environmental Conservation
to issue regulations for the siting of liquefied natural and petroleum
gas facilities no later than December 31st, 2014.

Section 2 amends section 23-1713 of the environmental conservation law
to require that the Department of Transportation in consultation with
the Department of Environmental Conservation establish criteria and
rules for the safe intrastate transportation of liquefied natural gas
and petroleum gas by December 31st, 2014.

Section 3-Sets forth the effective date.

JUSTIFICATION: Liquefied natural gas (LNG) is a domestic alternative
fuel for heavy duty trucking. LNG is becoming popular because it is
cheaper and cleaner than diesel - and it is a domestic energy source.
The need for LNG as a transportation fuel is well documented in several
studies commissioned or prepared by NYSERDA. A recent 2011 study docu-
ments, among other things, the safety of LNG and the economic benefit
that would result from an amendment to the law to allow LNG for trans-
portation purposes.

Further, LNG provides an effective range that is consistent with the
range for diesel. As a result, engine manufacturers are developing
engines that are fueled by LNG. Major fleet operators are making the
shift to natural gas as a fuel, with LNG being a fuel of choice because
of the cost savings and environmental benefits (e.g. lower exhaust emis-
sions).

This bill creates a clear framework to allow the siting of liquefied
natural gas facilities and petroleum gas facilities as well as providing
for the safe transportation of these fuels on New York's roads. Signif-
icantly, the bill allows for public comment on this process, but also
establishes a timeline that requires any regulations to be adopted by
December 31, 2014.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

2013-S5846 - Bill Text download pdf

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

                                  5846

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 18, 2013
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the environmental conservation law, in relation  to  the
  criteria  for  siting  and the transportation of liquefied natural and
  petroleum gas

  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 FOURTEEN,
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.  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
transportation of such liquefied natural and petroleum gas. Such  crite-
ria  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 cryogenic  state

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11573-01-3

S. 5846                             2

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] NO LATER THAN DECEMBER THIRTY-FIRST, TWO
THOUSAND FOURTEEN, adopt regulations prescribing the  forms  and  proce-
dures to be followed, which shall include notice to all affected munici-
pal  police  and fire departments, for the certification of routes to be
used for the safe intrastate transportation of  such  liquefied  natural
and petroleum gas.
  S 3. This act shall take effect immediately.

co-Sponsors

2013-S5846A (ACTIVE) - Details

See Assembly Version of this Bill:: A8110
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§23-1709, 23-1713, 23-1715 & 23-1717, rpld §23-1709 sub 3 ¶(c) & sub 2 ¶¶(b) & (c), §23-1713 subs 1, 3 & 4, En Con L

2013-S5846A (ACTIVE) - Summary

Relates to the criteria for siting and the transportation of liquefied natural and petroleum gas.

2013-S5846A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5846A

TITLE OF BILL:  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

PURPOSE:

To amend the environmental conservation law to require the Departments
of Environmental Conservation and Transportation to issue regulations
for the siting of liquefied natural gas and petroleum natural gas by
December 31, 2013 and to repeal paragraphs b and c of subdivision 2
and paragraph c of subdivision 3 of section 23-1709 of the
environmental conservation law.

SUMMARY OF PROVISIONS:

Section 1 amends subdivision one of section 23-1709 of the
environmental conservation law to require the Department of
Environmental Conservation to issue regulations for the siting of
liquefied natural and petroleum gas facilities no later than December
31, 2013.

Section 2 repeals paragraphs b and c of subdivision 2 and paragraph c
of subdivision 3 of section 23-1709 of the environmental conservation

law and instead requires those that transport liquefied natural gas
and petroleum gas to comply with all applicable federal and state laws
and regulations and have a valid hazardous waste materials safety
permit as issued by the Federal motor carrier safety administration.

Section 7-Sets forth the effective date.

JUSTIFICATION:

Liquefied natural gas (LNG) is a domestic alternative fuel for heavy
duty trucking. LNG is becoming popular because it is cheaper and
cleaner than diesel - and it is a domestic energy source, The need for
LNG as a transportation fuel is well documented in several studies
commissioned or prepared by NYSERDA. A recent 2011 study documents,
among other things, the safety of LNG and the economic benefit that
would result from an amendment to the law to allow LNG for
transportation purposes.

Further, LNG provides an effective range that is consistent with the
range for diesel. As a result, engine manufacturers are developing
engines that are fueled by LNG. Major fleet operators are making the
shift to natural gas as a fuel, with LNG being a fuel of choice
because of the cost savings and environmental benefits (e.g. lower
exhaust emissions).

This bill creates a clear framework to allow the siting of liquefied
natural gas facilities and petroleum gas facilities as well as
providing for the safe transportation of these fuels on New York's
roads.

LEGISLATIVE HISTORY:


New Bill

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

2013-S5846A (ACTIVE) - Bill Text download pdf

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

                                 5846--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 18, 2013
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Rules  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11573-02-3

S. 5846--A                          2

  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[.
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-

S. 5846--A                          3

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
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.

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Senate Bill S5846A

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Sponsored By

George D. Maziarz