NY State Senate Bill 2009-S1233

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to transportation
Jan 28, 2009	referred to transportation

co-Sponsors

2009-S1233 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Transportation Law
Laws Affected:: Add §14-f-1, Transp L

2009-S1233 (ACTIVE) - Summary

Authorizes the commissioner of transportation to establish rules and regulations governing the transportation of hazardous materials through high risk areas; requires a permit for such transportation.

2009-S1233 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1233

 TITLE OF BILL :
An act to amend the transportation law, in relation to requiring
permits for the transportation of hazardous materials through high
risk areas


 PURPOSE :
Designation of the Commissioner of Transportation to issue permits for
the transportation of hazardous materials through high risk areas.

 SUMMARY OF PROVISIONS :
1. The Commissioner of Transportation is authorized to designate areas
of the state which are in high risk of possible terrorism, and consult
with the Commissioner of Environmental Conservation, and other
agencies to establish an information system capable of identifying the
amount and type of hazardous materials transported in commerce.
Develop a public education program regarding the transportation of
hazardous materials through high risk areas.  Develop a training
program for the state police and environmental conservation officers
to aid in the enforcement of the rules and regulations of this
section.

2. Commissioner may issue permits authorizing the transportation of
hazardous wastes identified in Section 27-0903 of the environmental

conservation law, upon a showing that there is no practical
alternative route that exists that would preclude transportation in
the high risk area of an emergency situation exists requiring to or
through a high risk area.

3. Declares it unlawful for a vehicle transporting hazardous waste
through a high risk area without obtaining a permit from the
commissioner.

 JUSTIFICATION :
At present there are no restrictions outside of New York City for the
transportation of hazardous materials on the State's highways.
Certain water sources for urban and rural areas which are bordered by
highways on which such material is transported are at risk should
there be an accident resulting in a spill of transported materials.

This statute would designate the Commissioner of Transportation to
promulgate regulations for permitting the routing of hazardous
materials.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
None to state.

 EFFECTIVE DATE :
On the one hundred twentieth day after becoming law.

2009-S1233 (ACTIVE) - Bill Text download pdf

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

                                  1233

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

Introduced  by  Sens. THOMPSON, DUANE, ONORATO -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Trans-
  portation

AN ACT to amend the transportation law, in relation to requiring permits
  for the transportation of hazardous materials through high risk areas

  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  "Terrorism
Prevention  and  Safety  in  Hazardous  Materials  Transportation Act of
2009".
  S 2. The transportation law is amended by adding a new section  14-f-1
to read as follows:
  S 14-F-1. TRANSPORTATION OF HAZARDOUS MATERIALS; HIGH-THREAT AREAS. 1.
THE COMMISSIONER OF TRANSPORTATION IS HEREBY AUTHORIZED TO PROMOTE SAFE-
TY IN THE TRANSPORTATION OF HAZARDOUS MATERIALS THROUGH HIGH RISK AREAS,
BY ALL MODES OF TRANSPORTATION, AND IN CONNECTION THEREWITH SHALL:
  (A)  HAVE  THE POWER TO DESIGNATE AREAS OF THE STATE WHICH ARE IN HIGH
RISK OF POSSIBLE ACTS OF TERRORISM.
  (B) HAVE THE POWER TO MAKE RULES AND REGULATIONS GOVERNING TRANSPORTA-
TION OF HAZARDOUS MATERIALS THROUGH HIGH RISK AREAS,  BY  ALL  MODES  OF
TRANSPORTATION;  INCLUDING,  BUT NOT LIMITED TO ROUTES AND TIMES OF SUCH
TRANSPORTATION. FOR PURPOSES OF THIS SECTION, THE TERM "HAZARDOUS  MATE-
RIALS"  SHALL HAVE THE SAME MEANING AS PROVIDED IN SECTION FOURTEEN-F OF
THIS ARTICLE.
  (C) HAVE POWER AND IS HEREBY  AUTHORIZED  TO  ENTER  INTO  COOPERATIVE
AGREEMENTS  WITH  AGENCIES  OF  THIS AND OTHER STATES AND OF THE FEDERAL
GOVERNMENT IN RELATION TO ENFORCEMENT OF SAID RULES AND REGULATIONS.
  (D) CONSULT WITH AND RECEIVE THE FULL COOPERATION FROM THE COMMISSION-
ER OF ENVIRONMENTAL CONSERVATION AND OTHER AGENCIES IN ORDER TO AID  THE
COMMISSIONER  IN ESTABLISHING AN INFORMATION SYSTEM CAPABLE OF IDENTIFY-
ING THE AMOUNT AND TYPE OF HAZARDOUS MATERIALS TRANSPORTED IN NEW  YORK,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04669-01-9

S. 1233                             2

AND  THE METHODS USED FOR TRANSPORTING SUCH MATERIALS. THIS SYSTEM SHALL
BE ESTABLISHED AND MAINTAINED IN ORDER TO ASSESS THE VOLUME  AND  POTEN-
TIAL  DANGER  OF  HAZARDOUS  MATERIALS  TRANSPORTED  IN COMMERCE, BY ALL
MODES, ESPECIALLY IN HIGH RISK AREAS OF THE STATE.
  (E)  ESTABLISH AND PUBLICIZE, AFTER CONSULTATION WITH THE COMMISSIONER
OF ENVIRONMENTAL CONSERVATION, A PUBLIC  EDUCATION  PROGRAM  TO  PROVIDE
PUBLICATIONS  AND TECHNICAL ASSISTANCE REGARDING THE REGULATIONS GOVERN-
ING THE TRANSPORTATION OF HAZARDOUS MATERIALS THROUGH HIGH RISK AREAS.
  (F) DEVELOP A TRAINING PROGRAM FOR THE STATE POLICE AND  ENVIRONMENTAL
CONSERVATION  OFFICERS  IN ORDER TO AID SUCH OFFICERS IN THE ENFORCEMENT
OF THE RULES AND REGULATIONS MADE PURSUANT TO THIS SECTION.
  (G) ESTABLISH THE IMPOSITION AND COLLECTION OF FINES FOR  ANY  PERSON,
CORPORATION,  COMPANY,  ASSOCIATION, PARTNERSHIP OR ANY OFFICER OR AGENT
THEREOF WHO IS IN VIOLATION OF SUBDIVISION THREE OF THIS SECTION.
  2. (A) THE COMMISSIONER MAY ISSUE PERMITS AUTHORIZING THE  TRANSPORTA-
TION  OF  HAZARDOUS  WASTES  IDENTIFIED  AND  LISTED PURSUANT TO SECTION
27-0903 OF THE ENVIRONMENTAL  CONSERVATION  LAW,  UPON  A  DEMONSTRATION
THAT:
  (1)  THERE  IS  NO  PRACTICAL ALTERNATIVE ROUTE THAT EXISTS THAT WOULD
PRECLUDE TRANSPORTATION IN THE HIGH RISK AREA; OR
  (2) AN EMERGENCY  SITUATION  EXISTS  REQUIRING  TRANSPORTATION  TO  OR
THROUGH THE HIGH RISK AREA.
  (B) THE COMMISSIONER MAY COLLECT FEES FOR PERMITS ISSUED IN ACCORDANCE
WITH PARAGRAPH (A) OF THIS SUBDIVISION.
  3.  IT SHALL BE UNLAWFUL FOR ANY PERSON, CORPORATION, COMPANY, ASSOCI-
ATION, PARTNERSHIP OR ANY OFFICER OR AGENT THEREOF TO OPERATE  OR  CAUSE
TO  BE  OPERATED  IN  THIS  STATE A VEHICLE TRANSPORTING THOSE HAZARDOUS
WASTES IDENTIFIED AND LISTED PURSUANT TO SECTION 27-0903 OF THE ENVIRON-
MENTAL CONSERVATION LAW, THROUGH AN AREA DESIGNATED AS HIGH RISK WITHOUT
OBTAINING A PERMIT FROM THE COMMISSIONER, PURSUANT TO SUBDIVISION TWO OF
THIS SECTION.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, paragraphs (a), (b),  (d)
and (e) of subdivision 1 of section 14-f-1 of the transportation law, as
added by section two of this act, shall take effect immediately.

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Senate Bill S1233

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

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co-Sponsors

2009-S1233 (ACTIVE) - Details

2009-S1233 (ACTIVE) - Summary

2009-S1233 (ACTIVE) - Sponsor Memo

2009-S1233 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Antoine M. Thompson

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

co-Sponsors

Thomas K. Duane

George Onorato

2009-S1233 (ACTIVE) - Details

2009-S1233 (ACTIVE) - Summary

2009-S1233 (ACTIVE) - Sponsor Memo

2009-S1233 (ACTIVE) - Bill Text download pdf

Comments