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

                                  7672

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 12, 2011
                               ___________

Introduced by M. of A. SWEENEY, CAHILL, JAFFEE, MAISEL, M. MILLER, SPANO
  --  Multi-Sponsored  by -- M. of A. McENENY, P. RIVERA, THIELE -- read
  once and referred 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 TEN THOUSAND  DOLLARS  PER  INCI-
DENT;  PROVIDED, HOWEVER, THAT SUCH REIMBURSEMENT SHALL NOT BE CONSTRUED
TO LIMIT ANY REIMBURSEMENT THAT MAY BE AVAILABLE PURSUANT TO SECTION ONE
HUNDRED EIGHTY-ONE OF THE NAVIGATION LAW.   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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02874-02-1
              

A. 7672                             2

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 COMPANY AND THE MUNICIPAL CORPORATION OR FIRE
DISTRICT  THAT  CONTRACTS  WITH  OR CONTROLS SUCH FIRE COMPANY IS HEREBY
AUTHORIZED TO BILL SUCH TRANSPORTER  OF  HAZARDOUS  MATERIALS  FOR  SUCH
COSTS.  FOR  PURPOSES  OF  THIS  SECTION, THE TERM "HAZARDOUS MATERIALS"
SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION ONE  OF  SECTION
FOURTEEN-F OF THE TRANSPORTATION LAW.  FOR PURPOSES OF THIS SECTION, THE
TERM  "TRANSPORTER"  SHALL  NOT INCLUDE RAILROADS AS DEFINED IN SUBDIVI-
SIONS TWENTY-FOUR, TWENTY-FIVE AND TWENTY-NINE OF  SECTION  TWO  OF  THE
TRANSPORTATION LAW.
  2.  THE  STATE FIRE ADMINISTRATOR SHALL ADOPT RULES AND REGULATIONS TO
IMPLEMENT THE PROVISIONS OF THIS SECTION AND DEVELOP AND MAKE  AVAILABLE
REIMBURSEMENT  FORMS  TO ENABLE A MUNICIPAL CORPORATION OR FIRE DISTRICT
THAT CONTRACTS WITH OR CONTROLS A FIRE COMPANY TO BILL A TRANSPORTER  OF
HAZARDOUS  MATERIALS  FOR  COSTS  INCURRED IN RESPONDING TO A RELEASE OR
THREATENED RELEASE OF HAZARDOUS MATERIALS.   THE FIRE COMPANIES  OF  THE
STATE  SHALL  BE PROVIDED ACCESS TO THE FORMS.  PRIOR TO SUBMITTING SUCH
FORM TO A TRANSPORTER FOR REIMBURSEMENT OF SUCH COSTS INCURRED, A MUNIC-
IPAL CORPORATION OR FIRE DISTRICT THAT CONTRACTS WITH OR CONTROLS A FIRE
COMPANY SHALL SUBMIT SUCH FORM TO  THE  STATE  FIRE  ADMINISTRATOR,  WHO
SHALL  APPROVE  OR  DENY SUCH REQUEST FOR REIMBURSEMENT AUTHORITY WITHIN
THIRTY DAYS OF RECEIPT OF THE REQUEST. A MUNICIPAL CORPORATION  OR  FIRE
DISTRICT  THAT  CONTRACTS  WITH  OR  CONTROLS  A  FIRE  COMPANY MAY SEEK
REIMBURSEMENT FROM A TRANSPORTER ONLY AFTER THE STATE FIRE ADMINISTRATOR
HAS APPROVED SUCH REQUEST FOR REIMBURSEMENT.
  3. ONCE THE STATE FIRE ADMINISTRATOR  HAS  APPROVED  THE  REQUEST  FOR
REIMBURSEMENT,   THE   MUNICIPAL  CORPORATION  OR  FIRE  DISTRICT  WHICH
CONTRACTS WITH OR CONTROLS THE FIRE COMPANY SHALL HAVE A CAUSE OF ACTION
TO RECOVER UNPAID MONIES TO WHICH THEY ARE  ENTITLED  UNDER  SUBDIVISION
ONE  OF THIS SECTION.  RECOVERY OF UNPAID MONIES UNDER A CAUSE OF ACTION
BROUGHT UNDER THIS SECTION SHALL BE LIMITED TO THE AMOUNT SET  FORTH  IN
SUBDIVISION  ONE OF THIS SECTION.  THE REIMBURSEMENT AUTHORITY AND CAUSE
OF ACTION SHALL BE THE EXCLUSIVE ENFORCEMENT  REMEDIES  AVAILABLE  UNDER
THIS SECTION.
  S 3. This act shall take effect immediately.