S T A T E O F N E W Y O R K
________________________________________________________________________
5384
2009-2010 Regular Sessions
I N A S S E M B L Y
February 13, 2009
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Introduced by M. of A. KOON, GALEF, SCARBOROUGH, BING, COLTON, COOK --
Multi-Sponsored by -- M. of A. ALFANO, BARRA, DIAZ, HOOPER, JOHN,
PHEFFER, SWEENEY, TOWNS, WRIGHT -- 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02235-01-9
A. 5384 2
prevented. This act establishes a task force to review, examine, and
make recommendations on the efficacy, operational feasibility, and
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. TASK FORCE ON HAZARDOUS MATERIALS MOTOR CARRIER SECURITY TECHNOLO-
GY. (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 THE COMMISSIONER, WHO SHALL SERVE AS CHAIR-
PERSON, AND FOURTEEN OTHER MEMBERS, NO MORE THAN SEVEN OF WHOM SHALL
BELONG TO THE SAME POLITICAL PARTY. THE GOVERNOR SHALL APPOINT THE
COMMISSIONER OF MOTOR VEHICLES, THE SUPERINTENDENT OF STATE POLICE, THE
DIRECTOR OF THE OFFICE FOR TECHNOLOGY, AND THE DIRECTOR OF THE OFFICE OF
PUBLIC SECURITY, OR THEIR DESIGNATED REPRESENTATIVES. THE TEMPORARY
PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY SHALL EACH
APPOINT FOUR MEMBERS, AND THE MINORITY LEADER OF THE SENATE AND THE
MINORITY LEADER OF THE ASSEMBLY SHALL EACH APPOINT ONE MEMBER. THREE
APPOINTMENTS OF THE TEMPORARY PRESIDENT OF THE SENATE AND THREE APPOINT-
MENTS OF THE SPEAKER OF THE ASSEMBLY SHALL BE APPOINTED AS FOLLOWS: ONE
EACH SHALL BE A MEMBER, OFFICER, OR EMPLOYEE OF A FIRST RESPONDER OR LAW
ENFORCEMENT ORGANIZATION THAT SERVES A MUNICIPAL CORPORATION; ONE EACH
SHALL POSSESS EXPERTISE IN THE FIELD OF HOMELAND SECURITY TECHNOLOGY;
AND ONE EACH SHALL BE A REPRESENTATIVE IN THE FIELD OF THE TRANSPORT OF
HAZARDOUS MATERIALS BY MOTOR CARRIER.
(B) THE TASK FORCE SHALL HAVE THE FOLLOWING FUNCTIONS, POWERS AND
DUTIES:
(1) TO IDENTIFY AND REVIEW EXISTING SECURITY DEVICES, SYSTEMS, AND
TECHNOLOGIES AVAILABLE TO PREVENT THE HIJACKING, MISUSE, OR UNAUTHORIZED
USE OF COMMERCIAL MOTOR VEHICLES USED TO TRANSPORT HAZARDOUS MATERIALS;
AND TO EVALUATE SUCH DEVICES, SYSTEMS, AND TECHNOLOGIES FOR THEIR
COMMERCIAL AVAILABILITY, EFFICACY, RELIABILITY, AND ECONOMIC FEASIBIL-
ITY;
(2) TO RECOMMEND A LIST OF THOSE SECURITY DEVICES, SYSTEMS, AND TECH-
NOLOGIES THAT THE MEMBERS OF THE TASK FORCE DEEM TO BE MOST APPROPRIATE
FOR USE BY MOTOR VEHICLES TRANSPORTING HAZARDOUS MATERIALS;
(3) TO IDENTIFY APPROPRIATE FINANCIAL ASSISTANCE MECHANISMS FOR USE BY
OWNERS AND OPERATORS OF MOTOR VEHICLES TRANSPORTING HAZARDOUS MATERIALS
IN IMPLEMENTING SUCH SECURITY DEVICES, SYSTEMS, AND TECHNOLOGIES;
(4) TO SUBMIT A REPORT ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOU-
SAND TEN TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE
SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE, AND THE
MINORITY LEADER OF THE ASSEMBLY SETTING FORTH ITS FINDINGS AND RECOMMEN-
DATIONS PURSUANT TO SUBPARAGRAPHS ONE, TWO, AND THREE OF THIS PARAGRAPH.
A. 5384 3
(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-
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
CONTACT A NEW YORK STATE-DESIGNATED EMERGENCY RESPONSE CENTER FOR EMER-
GENCY ASSISTANCE IN THE EVENT OF AN ACT OF TERRORISM OR ACCIDENT INVOLV-
ING THE RELEASE OF A HAZARDOUS MATERIAL. FOR THE PURPOSES OF THIS SUBDI-
VISION, "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 COVERAGE.
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
CONTACT A NEW YORK STATE-DESIGNATED EMERGENCY RESPONSE CENTER FOR EMER-
GENCY 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 CELLULAR 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 ELEVEN, 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 COMPRE-
HENSIVE 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 OF THE TRANSPORTATION LAW. THE
A. 5384 4
SUPERINTENDENT SHALL, AFTER CONSULTING WITH THE DEPARTMENTS OF MOTOR
VEHICLES AND TRANSPORTATION, PROMULGATE RULES AND REGULATIONS ESTABLISH-
ING 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 it 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.