S T A T E O F N E W Y O R K
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2666
2009-2010 Regular Sessions
I N A S S E M B L Y
January 21, 2009
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Introduced by M. of A. GANTT -- read once and referred to the Committee
on Transportation
AN ACT to amend the transportation law, the environmental conservation
law, the vehicle and traffic law and the insurance law, in relation to
enacting the "hazardous materials transport security act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "hazardous
materials transport security act".
S 2. Legislative findings. Since the World Trade Center and Pentagon
attacks of September 11, 2001, it has become evident that terrorists
intend to attack the United States economy by any and every means avail-
able, including using hazardous materials vehicles as potential "weapons
of mass destruction". Although several laws, both at the federal and
state level, have been considered to enhance the security of transport-
ing these hazardous materials, much remains to be done, especially in
high-risk states such as New York. Basic best practices security regu-
lations must be implemented for the transport of hazardous materials to
protect the citizens, economy, and environment of New York from terror-
ist attacks. A successful attack would severely damage the New York
economy and, in particular, threaten the viability of the vital indus-
tries which now produce, transport, and consume the hazardous materials
that are essential inputs for a modern industrial economy.
The federal government has issued several warnings and advisories to
hazardous materials transporters that such vehicles could be weaponized
by terrorists or other enemies of the United States. There currently
exist many devices that can prevent the theft or hijacking of these
vehicles; other devices provide local law enforcement officials with the
tools to take control of such vehicles if a hijacking cannot be
prevented. This act establishes a task force to review, examine, and
make recommendations on the efficacy, operational feasibility, and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02235-02-9
A. 2666 2
economic impacts of mandating such security devices across the New York
hazardous materials fleet.
This act mandates that authorized representatives of generators of
products considered to be hazardous materials with responsibility for
loading those hazardous products and waste shall, prior to that loading,
ensure that the driver of the transport vehicle be in possession of the
proper commercial driver's license, including hazardous materials
endorsements, required to lawfully operate the transport vehicle with
its intended load. This act also mandates that vehicles used to trans-
port hazardous materials and wastes be equipped with a two-way communi-
cation device that would allow immediate communication with a New York
state-authorized emergency response center in the event of an emergency
involving hazardous materials.
S 3. Section 14-f of the transportation law is amended by adding a new
subdivision 7 to read as follows:
7. (A) THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT A TEMPORARY
TASK FORCE ON HAZARDOUS MATERIALS MOTOR CARRIER SECURITY TECHNOLOGY. THE
TASK FORCE SHALL CONSIST OF THIRTEEN MEMBERS. THE GOVERNOR SHALL APPOINT
FIVE MEMBERS AND THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER
OF THE ASSEMBLY SHALL EACH APPOINT FOUR MEMBERS. THE GOVERNOR'S APPOINT-
MENTS SHALL BE THE COMMISSIONER, WHO SHALL SERVE AS CHAIRPERSON OF THE
TASK FORCE, THE COMMISSIONER OF MOTOR VEHICLES, THE SUPERINTENDENT OF
STATE POLICE, THE DIRECTOR OF THE OFFICE FOR TECHNOLOGY, AND THE DIREC-
TOR OF THE OFFICE OF PUBLIC SECURITY, OR THEIR DESIGNATED REPRESEN-
TATIVES. THREE APPOINTMENTS OF THE TEMPORARY PRESIDENT OF THE SENATE AND
THREE APPOINTMENTS OF THE SPEAKER OF THE ASSEMBLY SHALL BE APPOINTED AS
FOLLOWS:
(1) ONE EACH SHALL BE A MEMBER, OFFICER, OR EMPLOYEE OF A FIRST
RESPONDER OR LAW ENFORCEMENT ORGANIZATION THAT SERVES A MUNICIPAL CORPO-
RATION;
(2) ONE EACH SHALL POSSESS EXPERTISE IN THE FIELD OF HOMELAND SECURITY
TECHNOLOGY; AND
(3) ONE EACH SHALL BE A REPRESENTATIVE IN THE FIELD OF MOTOR CARRIER
TRANSPORT OF HAZARDOUS MATERIALS.
(B) THE TASK FORCE SHALL HAVE THE FOLLOWING FUNCTIONS, POWERS AND
DUTIES:
(1) TO REVIEW EXISTING SECURITY DEVICES AND SYSTEMS AVAILABLE TO
PREVENT THE HIJACKING, MISUSE, OR UNAUTHORIZED USE OF COMMERCIAL MOTOR
VEHICLES USED TO TRANSPORT HAZARDOUS MATERIALS; THESE TECHNOLOGIES SHALL
BE EVALUATED FOR SEVERAL CRITERIA, INCLUDING COMMERCIAL AVAILABILITY,
EFFICACY, RELIABILITY, AND ECONOMIC FEASIBILITY;
(2) TO RECOMMEND A LIST OF THOSE SECURITY TECHNOLOGIES THAT THE
MEMBERS OF THE TASK FORCE DEEM TO BE MOST APPROPRIATE FOR USE BY MOTOR
VEHICLES TRANSPORTING HAZARDOUS MATERIALS;
(3) TO RECOMMEND APPROPRIATE FINANCIAL ASSISTANCE MECHANISMS FOR
OWNERS AND OPERATORS OF MOTOR VEHICLES TRANSPORTING HAZARDOUS MATERIALS
TO IMPLEMENT SUCH SECURITY DEVICES AND SYSTEMS;
(4) TO SUBMIT A REPORT ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOU-
SAND TEN TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE
SPEAKER OF THE ASSEMBLY INCLUDING SUCH RECOMMENDATIONS, AS WELL AS,
WHERE APPROPRIATE, FINANCIAL ASSISTANCE FOR OWNERS AND OPERATORS OF
MOTOR VEHICLES TRANSPORTING HAZARDOUS MATERIALS, TO IMPLEMENT SUCH SECU-
RITY DEVICES.
(C) THE TASK FORCE SHALL MEET AS NECESSARY TO CARRY OUT ITS FUNCTIONS
AND DUTIES. MEMBERS OF THE TASK FORCE SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES AS MEMBERS BUT SHALL BE ALLOWED THEIR ACTUAL AND NECES-
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SARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES. THE TASK
FORCE SHALL EXPIRE ON JANUARY FIRST, TWO THOUSAND ELEVEN.
S 4. Subdivision 3 of section 27-0305 of the environmental conserva-
tion law, as amended by chapter 592 of the laws of 1981, is amended to
read as follows:
3. A generator of a waste may obtain a permit pursuant to this title
to transport his OR HER own waste or if he OR SHE contracts with another
person to remove, transport, or dispose of regulated wastes. If a gener-
ator obtains such a permit, a person engaged in the removal, transporta-
tion or disposal of his OR HER waste shall not be required to obtain a
permit pursuant to this title for the transportation of such wastes. AN
AUTHORIZED REPRESENTATIVE OF THE GENERATOR THAT IS RESPONSIBLE FOR LOAD-
ING SUCH WASTES INTO A TRANSPORT VEHICLE SHALL, PRIOR TO SUCH LOADING,
ENSURE THAT THE DRIVER OF THE TRANSPORT VEHICLE IS IN POSSESSION OF THE
APPROPRIATE CLASS OF DRIVER'S LICENSE AND THAT SUCH LICENSE INDICATES
ANY ENDORSEMENT REQUIRED TO LAWFULLY OPERATE THE TRANSPORT VEHICLE WITH
ITS INTENDED LOAD.
S 5. Section 27-0305 of the environmental conservation law is amended
by adding a new subdivision 13 to read as follows:
13. AS A CONDITION FOR THE PERMIT, ANY VEHICLE REQUIRED TO DISPLAY
PLACARDS PURSUANT TO THIS SUBDIVISION OR SECTION FOURTEEN-F OF THE
TRANSPORTATION LAW SHALL BE EQUIPPED WITH A TWO-WAY COMMUNICATION
DEVICE, MAINTAINED IN GOOD WORKING ORDER, WHICH ENABLES THE DRIVER TO
IMMEDIATELY CONTACT A NEW YORK STATE-DESIGNATED EMERGENCY RESPONSE
CENTER THAT CAN PROVIDE IMMEDIATE EMERGENCY ASSISTANCE IN THE EVENT OF
AN ACT OF TERRORISM OR ACCIDENT INVOLVING THE RELEASE OF A HAZARDOUS
MATERIAL. FOR THE PURPOSES OF THIS SUBDIVISION, "TWO-WAY COMMUNICATION
DEVICE" SHALL MEAN A RADIO, CELLULAR TELEPHONE, OR OTHER SIMILAR DEVICE
THAT ALLOWS IMMEDIATE COMMUNICATION DIRECTLY WITH A DESIGNATED EMERGENCY
RESPONSE CENTER FROM THOSE AREAS OF NEW YORK STATE WITH CELLULAR COVER-
AGE.
S 6. Section 375 of the vehicle and traffic law is amended by adding a
new subdivision 52 to read as follows:
52. A VEHICLE REQUIRED TO DISPLAY PLACARDS PURSUANT TO SECTION 27-0305
OF THE ENVIRONMENTAL CONSERVATION LAW OR SECTION FOURTEEN-F OF THE
TRANSPORTATION LAW SHALL BE EQUIPPED WITH A TWO-WAY COMMUNICATION
DEVICE, MAINTAINED IN GOOD WORKING ORDER, WHICH ENABLES THE DRIVER TO
IMMEDIATELY CONTACT A NEW YORK STATE-DESIGNATED EMERGENCY RESPONSE
CENTER DESIGNED TO PROVIDE IMMEDIATE EMERGENCY ASSISTANCE IN THE EVENT
OF AN ACT OF TERRORISM OR OTHER EMERGENCY INVOLVING THE RELEASE OF A
HAZARDOUS MATERIAL. FOR THE PURPOSES OF THIS SUBDIVISION, "TWO-WAY
COMMUNICATION DEVICE" SHALL MEAN A RADIO, CELLULAR TELEPHONE, OR OTHER
SIMILAR DEVICE THAT ALLOWS IMMEDIATE COMMUNICATION DIRECTLY WITH AN
EMERGENCY RESPONSE CENTER FROM THOSE AREAS OF NEW YORK STATE WITH CELLU-
LAR COVERAGE.
S 7. Section 2336 of the insurance law is amended by adding a new
subsection (i) to read as follows:
(I) BEGINNING JUNE FIRST, TWO THOUSAND TEN, ANY SCHEDULE OR RATING
PLAN APPLICABLE TO COMMERCIAL RISK INSURANCE FOR MOTOR VEHICLES WEIGHING
IN EXCESS OF TEN THOUSAND POUNDS WHICH TRANSPORT HAZARDOUS MATERIALS
PURSUANT TO SECTION FOURTEEN-F OF THE TRANSPORTATION LAW SHALL PROVIDE
FOR AN ACTUARIALLY APPROPRIATE REDUCTION IN PREMIUM CHARGES FOR BODILY
INJURY LIABILITY, PROPERTY DAMAGE LIABILITY, THEFT, PERSONAL INJURY
PROTECTION, MEDICAL PAYMENTS, COLLISION COVERAGE, AND CARGO LOSS AND
DAMAGE, WITH RESPECT TO SUCH MOTOR VEHICLES EQUIPPED WITH ANY ANTI-THEFT
DEVICE RECOMMENDED PURSUANT TO SUBDIVISION SEVEN OF SECTION FOURTEEN-F
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OF THE TRANSPORTATION LAW. THE SUPERINTENDENT SHALL, AFTER CONSULTING
WITH THE DEPARTMENTS OF MOTOR VEHICLES AND TRANSPORTATION, PROMULGATE
RULES AND REGULATIONS ESTABLISHING THE QUALIFICATIONS AND STANDARDS FOR
THE APPROVAL, UTILIZATION, AND INSTALLATION OF SUCH DEVICES.
S 8. This act shall take effect immediately; provided that section
four of this act shall take effect on the thirtieth day after this act
shall have become a law and sections five and six of this act shall take
effect on the one hundred eightieth day after this act shall have become
a law.