Senate Bill S5113

Vetoed By Governor
2009-2010 Legislative Session

Provides reimbursement to fire companies for costs associated with responding to spills of hazardous materials

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A2692 - Vetoed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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2009-S5113 (ACTIVE) - Details

See Assembly Version of this Bill:
A2692
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §27-0901, add §27-0927, En Con L
Versions Introduced in 2011-2012 Legislative Session:
S5444, A7672

2009-S5113 (ACTIVE) - Summary

Provides reimbursement by the transporter of hazardous materials to fire companies for costs associated with responding to spills of hazardous materials; provides that the state fire administrator shall develop and make reimbursement forms to enable a fire company to bill a transporter of hazardous materials for costs incurred in responding to a release or threatened release of hazardous materials.

2009-S5113 (ACTIVE) - Sponsor Memo

2009-S5113 (ACTIVE) - Bill Text download pdf

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

                                  5113

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  FOLEY  -- 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
  providing  reimbursement  to  fire companies for costs associated with
  responding to releases of hazardous materials

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  27-0901 of the environmental conservation law is
amended by adding a new subdivision 16 to read as follows:
  16. "FIRE COMPANY" MEANS A FIRE COMPANY AS DEFINED IN SUBDIVISION  TWO
OF SECTION ONE HUNDRED OF THE GENERAL MUNICIPAL LAW.
  S  2.  The  environmental  conservation law is amended by adding a new
section 27-0927 to read as follows:
S 27-0927. HAZARDOUS MATERIALS RELEASE RESPONSE COSTS.
  1. ANY MUNICIPAL CORPORATION OR FIRE DISTRICT WHICH CONTRACTS WITH  OR
CONTROLS  A  FIRE  COMPANY  SHALL BE ENTITLED TO REIMBURSEMENT FOR COSTS
ASSOCIATED WITH THE RESPONSE  OF  SUCH  FIRE  COMPANY  TO  ANY  INCIDENT
INVOLVING  THE RELEASE OR THREATENED RELEASE OF HAZARDOUS MATERIALS BY A
TRANSPORTER OF HAZARDOUS MATERIALS AFTER  APPROVAL  BY  THE  STATE  FIRE
ADMINISTRATOR.    REIMBURSEMENT SHALL BE LIMITED TO EXPENDABLE MATERIALS
USED IN THE RESPONSE AND BE  LIMITED  TO  SEVEN  THOUSAND  FIVE  HUNDRED
DOLLARS  PER  INCIDENT.  EXPENDABLE  MATERIALS SHALL INCLUDE, BUT NOT BE
LIMITED TO, FOAMS AND  GELS  USED  TO  ABSORB  THE  HAZARDOUS  MATERIALS
RELEASED,  THE  REPLACEMENT  OR  CLEANING OF PROTECTIVE CLOTHING USED IN
RESPONDING TO THE INCIDENT, AND THE REPLACEMENT OR CLEANING  OF  STORAGE
CONTAINERS, DETECTION SUPPLIES AND OTHER EQUIPMENT USED IN RESPONDING TO
THE  INCIDENT;  PROVIDED  HOWEVER,  THAT  SUCH  REIMBURSEMENT  SHALL NOT
INCLUDE THE COSTS OF PERSONNEL, VEHICLES,  OR  OTHER  DURABLE  EQUIPMENT
USED  IN  RESPONSE  TO  THE INCIDENT.   SUCH REIMBURSEMENT SHALL BE MADE
DIRECTLY FROM SUCH TRANSPORTER OF HAZARDOUS MATERIALS TO  THE  MUNICIPAL
CORPORATION  OR  FIRE DISTRICT THAT CONTRACTS WITH OR CONTROLS SUCH FIRE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02937-03-9
              

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