Senate Bill S838

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

                                   838

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 18, 2009
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Environmental Conser-
  vation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  providing  reimbursement  to  fire companies for costs associated with
  responding to releases of hazardous materials

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  27-0901 of the environmental conservation law is
amended by adding a new subdivision 16 to read as follows:
  16. "FIRE COMPANY" MEANS A FIRE COMPANY AS DEFINED IN SUBDIVISION  TWO
OF SECTION ONE HUNDRED OF THE GENERAL MUNICIPAL LAW.
  S  2.  The  environmental  conservation law is amended by adding a new
section 27-0927 to read as follows:
S 27-0927. HAZARDOUS MATERIALS RELEASE RESPONSE COSTS.
  1. ANY MUNICIPAL CORPORATION OR FIRE DISTRICT WHICH CONTRACTS WITH  OR
CONTROLS  A  FIRE  COMPANY  SHALL BE ENTITLED TO REIMBURSEMENT FOR COSTS
ASSOCIATED WITH THE RESPONSE  OF  SUCH  FIRE  COMPANY  TO  ANY  INCIDENT
INVOLVING  THE RELEASE OR THREATENED RELEASE OF HAZARDOUS MATERIALS BY A
TRANSPORTER OF HAZARDOUS MATERIALS AFTER  APPROVAL  BY  THE  STATE  FIRE
ADMINISTRATOR.    REIMBURSEMENT SHALL BE LIMITED TO EXPENDABLE MATERIALS
USED IN THE RESPONSE AND BE LIMITED TO FIVE THOUSAND DOLLARS  PER  INCI-
DENT.  EXPENDABLE  MATERIALS SHALL INCLUDE, BUT NOT BE LIMITED TO, FOAMS
AND GELS USED TO ABSORB THE HAZARDOUS MATERIALS RELEASED,  THE  REPLACE-
MENT  OR CLEANING OF PROTECTIVE CLOTHING USED IN RESPONDING TO THE INCI-
DENT, AND THE REPLACEMENT OR CLEANING OF STORAGE  CONTAINERS,  DETECTION
SUPPLIES  AND  OTHER  EQUIPMENT  USED  IN  RESPONDING  TO  THE INCIDENT;
PROVIDED HOWEVER, THAT SUCH REIMBURSEMENT SHALL NOT INCLUDE THE COSTS OF
PERSONNEL, VEHICLES, OR OTHER DURABLE EQUIPMENT USED IN RESPONSE TO  THE
INCIDENT.  SUCH REIMBURSEMENT SHALL BE MADE DIRECTLY FROM SUCH TRANSPOR-
TER OF HAZARDOUS MATERIALS TO THE MUNICIPAL CORPORATION OR FIRE DISTRICT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02937-01-9
              

S. 838                              2

THAT  CONTRACTS  WITH  OR  CONTROLS  SUCH FIRE COMPANY AND THE MUNICIPAL
CORPORATION OR FIRE DISTRICT THAT CONTRACTS WITH OR CONTROLS  SUCH  FIRE
COMPANY IS HEREBY AUTHORIZED TO BILL SUCH TRANSPORTER OF HAZARDOUS MATE-
RIALS  FOR SUCH COSTS. FOR PURPOSES OF THIS SECTION, THE TERM "HAZARDOUS
MATERIALS" SHALL HAVE THE SAME MEANING AS SET FORTH IN  SUBDIVISION  ONE
OF  SECTION  FOURTEEN-F OF THE TRANSPORTATION LAW.  FOR PURPOSES OF THIS
SECTION, THE TERM "TRANSPORTER" SHALL NOT INCLUDE RAILROADS  AS  DEFINED
IN  SUBDIVISIONS TWENTY-FOUR, TWENTY-FIVE AND TWENTY-NINE OF SECTION TWO
OF THE TRANSPORTATION LAW.
  2. THE STATE FIRE ADMINISTRATOR SHALL ADOPT RULES AND  REGULATIONS  TO
IMPLEMENT  THE PROVISIONS OF THIS SECTION AND DEVELOP AND MAKE AVAILABLE
REIMBURSEMENT FORMS TO ENABLE A MUNICIPAL CORPORATION OR  FIRE  DISTRICT
THAT  CONTRACTS WITH OR CONTROLS A FIRE COMPANY TO BILL A TRANSPORTER OF
HAZARDOUS MATERIALS FOR COSTS INCURRED IN RESPONDING  TO  A  RELEASE  OR
THREATENED  RELEASE  OF HAZARDOUS MATERIALS.   THE FIRE COMPANIES OF THE
STATE SHALL BE PROVIDED ACCESS TO THE FORMS.  PRIOR TO  SUBMITTING  SUCH
FORM TO A TRANSPORTER FOR REIMBURSEMENT OF SUCH COSTS INCURRED, A MUNIC-
IPAL CORPORATION OR FIRE DISTRICT THAT CONTRACTS WITH OR CONTROLS A FIRE
COMPANY  SHALL  SUBMIT  SUCH  FORM  TO THE STATE FIRE ADMINISTRATOR, WHO
SHALL APPROVE OR DENY SUCH REQUEST FOR  REIMBURSEMENT  AUTHORITY  WITHIN
THIRTY  DAYS  OF RECEIPT OF THE REQUEST. A MUNICIPAL CORPORATION OR FIRE
DISTRICT THAT CONTRACTS  WITH  OR  CONTROLS  A  FIRE  COMPANY  MAY  SEEK
REIMBURSEMENT FROM A TRANSPORTER ONLY AFTER THE STATE FIRE ADMINISTRATOR
HAS APPROVED SUCH REQUEST FOR REIMBURSEMENT.
  3.  ONCE  THE  STATE  FIRE  ADMINISTRATOR HAS APPROVED THE REQUEST FOR
REIMBURSEMENT,  THE  MUNICIPAL  CORPORATION  OR  FIRE   DISTRICT   WHICH
CONTRACTS WITH OR CONTROLS THE FIRE COMPANY SHALL HAVE A CAUSE OF ACTION
TO  RECOVER  UNPAID  MONIES TO WHICH THEY ARE ENTITLED UNDER SUBDIVISION
ONE OF THIS SECTION.  RECOVERY OF UNPAID MONIES UNDER A CAUSE OF  ACTION
BROUGHT  UNDER  THIS SECTION SHALL BE LIMITED TO THE AMOUNT SET FORTH IN
SUBDIVISION ONE OF THIS SECTION.  THE REIMBURSEMENT AUTHORITY AND  CAUSE
OF  ACTION  SHALL  BE THE EXCLUSIVE ENFORCEMENT REMEDIES AVAILABLE UNDER
THIS SECTION.
  4. BY JULY FIRST, TWO THOUSAND ELEVEN, THE COMMISSIONER, IN  CONSULTA-
TION WITH THE COMMISSIONER OF HEALTH, THE SECRETARY OF STATE, THE DIREC-
TOR  OF THE STATE EMERGENCY MANAGEMENT OFFICE, AND THE STATE FIRE ADMIN-
ISTRATOR, SHALL IDENTIFY RESOURCES AND  FUNDING  FROM  ALREADY  EXISTING
SOURCES,  FOR  REIMBURSEMENT  OF  FIRE COMPANIES THAT EXPEND FUNDING AND
COSTS PURSUANT TO SUBDIVISION ONE OF THIS SECTION AT RELEASES OF HAZARD-
OUS SUBSTANCES AND MATERIALS WHERE THERE IS NO KNOWN  RESPONSIBLE  PARTY
FOR  THE  DISCHARGE  OF SUCH HAZARDOUS SUBSTANCES OR MATERIALS, OR WHERE
ACTIONS ARE TAKEN FOR EMERGENCY MITIGATION AND A KNOWN RESPONSIBLE PARTY
DOES NOT HAVE FINANCIAL MEANS TO REIMBURSE THE RESPONSE COSTS. THE STATE
FIRE ADMINISTRATOR SHALL DISTRIBUTE SUCH FINDINGS AND DETAILS ON ACCESS-
ING SUCH FUNDS TO FIRE COMPANIES.
  S 3. This act shall take effect immediately.