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Senate Bill S8473

2009-2010 Legislative Session

Requires operators of major facilities to implement plans and to install equipment for prompt detection of petroleum discharges

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2009-S8473 (ACTIVE) - Details

See Assembly Version of this Bill:
A3837
Current Committee:
Senate Rules
Law Section:
Navigation Law
Laws Affected:
Amd ยง174, Nav L
Versions Introduced in Other Legislative Sessions:
2011-2012: S1117, A558
2013-2014: A1352
2015-2016: A730

2009-S8473 (ACTIVE) - Summary

Requires the department of environmental conservation to require, as a condition precedent to the issuance or renewal of a major facility license, the submission of satisfactory evidence that the applicant has implemented, or is in the process of implementing, state and federal plans and regulations for the prompt detection of petroleum discharges; requires applicants for a major facility license to submit information, in form satisfactory to the commissioner, describing the equipment used at the facility to promptly detect petroleum discharges; requires major facilities to install equipment to promptly detect discharges of petroleum from a tank and any connected petroleum pipelines within one year of effective date; defines "prompt detection".

2009-S8473 (ACTIVE) - Sponsor Memo

2009-S8473 (ACTIVE) - Bill Text download pdf 

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

                                  8473

                            I N  S E N A T E

                             August 20, 2010
                               ___________

Introduced  by Sens. PARKER, SQUADRON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Rules

AN ACT to amend the navigation law, in  relation  to  the  detection  of
  petroleum discharges

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

  Section 1. Subdivision 3 of section 174  of  the  navigation  law,  as
amended  by  chapter  35  of  the  laws  of  1985, is amended to read as
follows:
  3. As a condition precedent to the issuance or [renewel] RENEWAL of  a
license,  the  department  OF  ENVIRONMENTAL  CONSERVATION shall require
satisfactory evidence that the applicant has implemented or  is  in  the
process  of  implementing  state  and  federal plans and regulations for
control AND  PROMPT  DETECTION  of  discharges  of  petroleum,  and  the
containment and removal thereof when a discharge occurs.
  S  2. Subdivision 9 of section 174 of the navigation law is amended by
adding a new paragraph (e) to read as follows:
  (E) THE EQUIPMENT USED AT THE FACILITY TO PROMPTLY  DETECT  DISCHARGES
OF PETROLEUM.
  S  3.  Section  174 of the navigation law is amended by adding two new
subdivisions 12 and 13 to read as follows:
  12. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS  SUBDIVISION,  MAJOR
FACILITIES  MUST  INSTALL  EQUIPMENT  TO  PROMPTLY  DETECT DISCHARGES OF
PETROLEUM FROM A TANK AND ANY CONNECTED PIPELINES THAT ROUTINELY CONTAIN
PETROLEUM.
  13. AS USED IN THIS SECTION, THE TERM  "PROMPT  DETECTION"  MEANS  THE
DETECTION  OF  A  DISCHARGE  WITHIN  TWENTY-FOUR  HOURS,  OR  SOONER  AS
PRESCRIBED BY THE DEPARTMENT OF  ENVIRONMENTAL  CONSERVATION,  FROM  THE
ONSET OF SUCH DISCHARGE.
  S 4.  This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05877-01-9

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