S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 4982                                                  A. 7005
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                               April 3, 2019
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Environmental
   Conservation
 
 IN  ASSEMBLY  --  Introduced  by  M.  of  A. THIELE, STECK, GLICK, OTIS,
   L. ROSENTHAL, GALEF -- Multi-Sponsored by -- M. of A. EPSTEIN --  read
   once and referred to the Committee on Environmental Conservation
 
 AN  ACT  to amend the environmental conservation law, in relation to the
   exemptions for railroads and railroad and railroad shipping facilities
   from the phase-out of creosote
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 27-2513 of the environmental conservation law, as
 added by chapter 172 of the laws of 2007, is amended to read as follows:
 § 27-2513. Exemptions.
   Notwithstanding any inconsistent provision of law,  this  title  shall
 not apply to:
   1.  [railroads, as defined in subdivisions twenty-four and twenty-nine
 of section two of the transportation law or within the scope  of  titles
 nine and eleven of article five of the public authorities law;
   2.  the operation and/or maintenance of railroad and railroad shipping
 facilities, including but not limited to the right of way, tracks, track
 sidings, team tracks and bridges;
   3.] any electric corporation, as defined by  subdivision  thirteen  of
 section  two of the public service law, nor shall it apply to the opera-
 tion, use, or maintenance of any new or existing utility pole or facili-
 ties owned or used, in whole or in part,  by  a  telephone  corporation,
 utility company, or cable television company, as defined by subdivisions
 seventeen and twenty-three of section two and subdivision one of section
 two hundred twelve of the public service law, respectively;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03301-01-9
              

 S. 4982                             2                            A. 7005
 
   [4.]  2.  the  use  of  one  or  more  utility  poles by any person in
 connection with the suspension  or  support  of  power,  communications,
 utility  wires,  lines or cables and related equipment, antennae, light-
 ing, signals, electric or electronic devices  or  similar  equipment  or
 apparatus;
   [5.]  3.  any  public authority that owns and operates electric trans-
 mission or distribution lines, a municipally owned electric utility or a
 rural electric cooperative, nor shall it apply to the operation, use, or
 maintenance of any new or existing utility pole or facilities  owned  or
 used,  in  whole  or  in part, by any such public authority, municipally
 owned electric utility, or rural electric cooperative; and
   [6.] 4. until January first, two thousand ten, any existing marina  or
 other  facility  for berthing and mooring of pleasure vessels, including
 rowboats and canoes, and the storage thereof, and any existing  facility
 that  services  pleasure  vessels other than an existing marina or other
 facility for berthing and mooring of pleasure vessels, or facility  that
 services  pleasure  vessels owned and/or operated by a municipal entity.
 For the purpose of this section, pleasure vessel  shall  have  the  same
 meaning  as  in  paragraph  (c) of subdivision six of section two of the
 navigation law.
   § 2. Severability clause. If any provision of this act or  application
 thereof  shall  for  any  reason  be  adjudged by any court of competent
 jurisdiction to be invalid, such judgment shall not affect,  impair,  or
 invalidate the remainder of the act, but shall be confined in its opera-
 tion  to  the  provision thereof directly involved in the controversy in
 which the judgment shall have been rendered.
   § 3. This act shall take effect immediately.