Senate Bill S5089

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

                                  5089

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. LEIBELL -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the transportation law, in relation to requiring permits
  for the transportation of certain  hazardous  materials  through  high
  threat 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.
FOR PURPOSES OF THIS SECTION, THE FOLLOWING WORDS SHALL HAVE THE FOLLOW-
ING MEANINGS:
  (A)  "EMERGENCY"  MEANS  AN  UNANTICIPATED,  TEMPORARY  SITUATION THAT
THREATENS THE IMMEDIATE SAFETY OF INDIVIDUALS OR PROPERTY, AS DETERMINED
BY THE COMMISSIONER OF TRANSPORTATION.
  (B) "HIGH THREAT AREA" MEANS ANY AREA OF THE STATE DESIGNATED  BY  THE
STATE  OFFICE  OF  HOMELAND  SECURITY  AS  PRONE  TO POTENTIAL TERRORIST
ATTACKS.
  (C) "PRACTICAL ALTERNATIVE ROUTE" MEANS A ROUTE:
  (1) WHICH LIES ENTIRELY OUTSIDE THE HIGH THREAT AREA; AND
  (2) WHERE SUCH USE WOULD NOT MAKE SHIPMENT OF THE MATERIALS  IN  QUES-
TION COST-PROHIBITIVE.
  2.  EXCEPT  IN  CASES OF EMERGENCY, IT SHALL BE ILLEGAL IN HIGH THREAT
AREAS, WITHOUT A PERMIT TO:
  (A) TRANSPORT ANY OF THE FOLLOWING:
  (1) EXPLOSIVES OF CLASS 1, DIVISION 1.1, OR CLASS 1, DIVISION 1.2,  AS
DESIGNATED IN 49 CFR SECTION 173.2, IN A QUANTITY GREATER THAN 500 KG;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04669-02-9

              

S. 5089                             2

  (2) FLAMMABLE GASSES OF CLASS 2, DIVISION 2.1, AS DESIGNATED IN 49 CFR
SECTION 173.2, IN A QUANTITY GREATER THAN 10,000 LITERS;
  (3) POISONOUS GASSES OF CLASS 2, DIVISION 2.3, AS DESIGNATED IN 49 CFR
SECTION  173.2,  IN A QUANTITY GREATER THAN 500 LITERS, AND BELONGING TO
HAZARD ZONES A OR B AS DEFINED IN 49 CFR SECTION 173.116; AND
  (4) POISONOUS MATERIALS, OTHER THAN GASSES, OF CLASS 6, DIVISION  6.1,
IN  A QUANTITY GREATER THAN 1,000 KG, AND BELONGING TO HAZARD ZONES A OR
B AS DEFINED IN 49 CFR 173.133.
  (B) OPERATE A VEHICLE OR MOVE A RAIL CAR WHICH:
  (1) IS CAPABLE OF CONTAINING EXPLOSIVES OF CLASS 1, DIVISION  1.1,  OR
CLASS 1, DIVISION 1.2, AS DESIGNATED IN 49 CFR SECTION 173.2, IN A QUAN-
TITY  GREATER THAN 500 KG, AND HAS EXTERIOR PLACARDING OR OTHER MARKINGS
INDICATING THAT IT CONTAINS SUCH MATERIALS;
  (2) IS CAPABLE OF CONTAINING FLAMMABLE GASSES  OF  CLASS  2,  DIVISION
2.1,  AS  DESIGNATED IN 49 CFR SECTION 173.2, IN A QUANTITY GREATER THAN
10,000 LITERS, AND HAS EXTERIOR PLACARDING OR OTHER MARKINGS  INDICATING
THAT IT CONTAINS SUCH MATERIALS;
  (3)  IS  CAPABLE  OF  CONTAINING POISONOUS GASSES OF CLASS 2, DIVISION
2.3, AS DESIGNATED IN 49 CFR SECTION 173.2, IN A QUANTITY  GREATER  THAN
500  LITERS,  AND  BELONGING TO HAZARD ZONES A OR B AS DEFINED IN 49 CFR
SECTION 173.116, AND HAS EXTERIOR PLACARDING OR OTHER MARKINGS  INDICAT-
ING THAT IT CONTAINS SUCH MATERIALS; OR
  (4)  IS  CAPABLE OF CONTAINING POISONOUS MATERIALS, OTHER THAN GASSES,
OF CLASS 6, DIVISION 6.1, IN A  QUANTITY  GREATER  THAN  1,000  KG,  AND
BELONGING  TO  HAZARD ZONES A OR B AS DEFINED IN 49 CFR SECTION 173.133,
AND HAS  EXTERIOR  PLACARDING  OR  OTHER  MARKINGS  INDICATING  THAT  IT
CONTAINS SUCH MATERIALS.
  3.  (A) THE COMMISSIONER OF TRANSPORTATION SHALL ISSUE PERMITS AUTHOR-
IZING THE TRANSPORTATION OF MATERIALS LISTED IN SUBDIVISION TWO OF  THIS
SECTION  THROUGH  HIGH RISK AREAS, UPON A DEMONSTRATION THAT THERE IS NO
PRACTICAL ALTERNATIVE ROUTE. SUCH PERMIT MAY REQUIRE ADOPTION OF  SAFETY
MEASURES, INCLUDING BUT NOT LIMITED TO TIME-OF-DAY RESTRICTIONS.
  (B) THE COMMISSIONER MAY COLLECT FEES FOR PERMITS ISSUED IN ACCORDANCE
WITH PARAGRAPH (A) OF THIS SUBDIVISION.
  (C)  PERMIT  FEES  COLLECTED  PURSUANT  TO  THIS SUBDIVISION SHALL NOT
EXCEED THE COST OF IMPLEMENTING AND ENFORCING THIS SECTION.
  4. THE COMMISSIONER SHALL ESTABLISH PENALTIES IN THE FORM OF FINES FOR
ANY PERSON, CORPORATION, COMPANY, ASSOCIATION, PARTNERSHIP OR ANY  OFFI-
CER  OR  AGENT  THEREOF WHO IS IN VIOLATION OF SUBDIVISION THREE OF THIS
SECTION.
  5. THE DIRECTOR OF THE OFFICE OF HOMELAND  SECURITY,  IN  CONSULTATION
WITH THE COMMISSIONER, SHALL DEVELOP RULES AND REGULATIONS GOVERNING THE
TRANSPORTATION  OF  HAZARDOUS  MATERIALS  THROUGH HIGH THREAT AREAS. THE
DIRECTOR SHALL HAVE THE 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 REGU-
LATIONS.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, subdivision 5 of  section
14-f-1  of  the transportation law, as added by section two of this act,
shall take effect immediately.   Effective  immediately,  the  addition,
amendment  and/or  repeal  of  any  rule or regulation necessary for the
implementation of this act on its  effective  date  are  authorized  and
directed to be made and completed on or before such effective date.