Senate Bill S5089

2009-2010 Legislative Session

Requires permits for the transportation of certain hazardous materials through high threat areas

download bill text pdf

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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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2009-S5089 (ACTIVE) - Details

See Assembly Version of this Bill:
A4849
Current Committee:
Senate Transportation
Law Section:
Transportation Law
Laws Affected:
Add ยง14-f-1, Transp L

2009-S5089 (ACTIVE) - Summary

Requires permits for the transportation of certain hazardous materials through high threat areas.

2009-S5089 (ACTIVE) - Sponsor Memo

2009-S5089 (ACTIVE) - Bill Text download pdf

                            
                    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

              

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