§ 23-1717. Training and qualification of municipal fire department

personnel; strict liability.

1. The legislature finds that liquefied natural and petroleum gas, in
view of its extreme volatility, high flammability, and dangerous
qualities if mishandled resulting in accidental release, poses problems
of the control thereof related to the lack of current training and
qualification of municipal fire department personnel responsible for
control and extinguishment of fire resulting from mishandling and
accidental release during its storage, transportation, and conversion.

2. Within thirty days after this title shall become effective, every
utility or other person subject to the jurisdiction of the public
service commission and which is engaged in the storage, transportation,
or conversion of liquefied natural or petroleum gas within the state
shall give notice to the department that it is a person subject to this
title, and shall specify by geographical description the municipality or
municipalities, or parts thereof, within the state where it is handling
or otherwise using liquefied natural or petroleum gas, with the nature
of such use, storage, transportation, or conversion, with the amounts
thereof in each location, on a monthly and annual basis, with any
projected increase or decrease in the use or handling thereof at such
location or locations within the state on a five year basis from date of
report.

3. Within sixty days thereafter, the department, in consultation with
the municipal fire department or departments indicated to be those
required to be trained and qualified under this title to control and
extinguish fires related to the reported facilities and transportation
of liquefied natural or petroleum gas, shall determine and report what,
if any, programs are necessary to enable such municipal fire department
or departments to be adequately prepared to control and extinguish such
fires and to protect persons and property within their municipality or
municipalities who might be subject to such danger.

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
responsibilities; 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 personnel, 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.

5. Notice of the department's determination with regard to
implementation of the training and qualification requirements of this
section and of the cost thereof shall be given to the utility or other
person subject to this section under subdivision two hereof and to the
municipal fire department or departments identified to be with
jurisdiction under subdivision three hereof. If a hearing is requested
within thirty days, a hearing shall be held promptly with regard to the
program and the cost thereof and, on the basis of the record of the
hearing the department, by its commissioner, may modify the program and
adjust the cost thereof to be charged against the utility, utilities, or
other persons subject to this title in accordance with the provisions of
subdivisions two and three of section 23-1715. Such cost, as related to
the training and qualification requirements of this title may, at the
option of the department, be paid to the department under subdivision
three of section 23-1715, or by the utility or other person directly to
the chief fiscal officer or officers of the municipality or
municipalities involved pursuant to this section; and, in any event,
shall be expended only on programs thus approved by the department for
the purpose of carrying out the requirements of this section.

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
determination 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.

7. In the event that more than one utility or other person is
determined to be charged with the cost of training and qualification
under this section, said charge or charges may be apportioned by the
department between or among them on an equitable basis related to the
degree to which each is responsible, based on the degree and complexity
of the cost of training and qualification involved. In no event shall
the department of environmental conservation, or its commissioner, by
virtue of this section, be determined to have any jurisdiction over the
operation or administration of any municipal fire department reimbursed
under this title and section, or over its fire fighting methods,
deployment of personnel, fiscal policies, or other aspects of its
administration. The department is authorized to promulgate rules and
regulations necessary to effectuate the purposes of this section.

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
determined 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.