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This entry was published on 2014-09-22
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SECTION 23-1713
Transportation of liquefied natural and petroleum gas; certified routes
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 23, TITLE 17
§ 23-1713. Transportation of liquefied natural and petroleum gas;

certified routes.

1. Except for transportation by navigable waterways, all intrastate
transportation of liquefied natural and petroleum gas in its cryogenic
state must be along established routes in accordance with a schedule
filed with the department, and approved in accordance with this section.

2. The department of transportation in consultation with the
department of environmental conservation shall establish criteria for
the safe 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
cryogenic 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 liquefied natural and petroleum gas.

3. The department of transportation in consultation with the
department of environmental conservation shall maintain a map of
certified routes for the intrastate transportation of such liquefied
natural and petroleum gas. In order to have a route certified under this
section, any person proposing to undertake intrastate transportation of
such liquefied natural or petroleum gas shall file with such department
the proposed transportation route, subject to approval as herein
provided.

4. Upon application therefor, and before certifying a route for
intrastate transportation of such liquefied natural or petroleum gas
under subdivision three, the department of transportation shall hold a
public hearing and shall render a decision with respect thereto in
accordance with the requirements of section 23-1711, and, to the extent
applicable, section 23-1709. In addition, upon route certification, such
limitations as are appropriate for safety purposes shall be established
by such department for each such certified route, and the department,
further, shall establish procedure and notice requirements for the
particular route, in accordance with subdivision two hereof, to be given
to all affected municipal police and fire departments, to assure
adequate notice to all affected municipalities.