S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5448
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 5, 2021
                                ___________
 
 Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law, in relation  to  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  2  of section 23-1713 of the environmental
 conservation 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[.
 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.
   § 2. Subdivisions 1, 3 and 4 of section 23-1713 of  the  environmental
 conservation law are REPEALED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10108-01-1

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   §  3.  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.
   § 4. 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
 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

 S. 5448                             3
 
 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.
   § 5. This act shall take effect immediately.