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Assembly Bill A9926

2013-2014 Legislative Session

Relates to requiring petroleum bulk storage facilities to provide a surety to be used in the case of a necessary cleanup and decontamination

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2013-A9926 (ACTIVE) - Details

See Senate Version of this Bill:
S7718
Current Committee:
Senate Rules
Law Section:
Environmental Conservation Law
Laws Affected:
Add ยง17-1019, En Con L

2013-A9926 (ACTIVE) - Summary

Relates to requiring petroleum bulk storage facilities to provide a surety to be used in the case of a necessary cleanup and decontamination.

2013-A9926 (ACTIVE) - Bill Text download pdf 

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

                                  9926

                          I N  A S S E M B L Y

                              May 29, 2014
                               ___________

Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Fahy, McDo-
  nald, Sweeney, Steck) -- read once and referred to  the  Committee  on
  Environmental Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  global financial surety

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

  Section  1.  The environmental conservation law is amended by adding a
new section 17-1019 to read as follows:
S 17-1019 FINANCIAL SECURITY.
  1. FOR THE PURPOSES OF THIS SECTION,  THE  FOLLOWING  TERMS  SHALL  BE
DEFINED AS FOLLOWS:
  A. "CLEANUP AND DECONTAMINATION" MEANS ACTIVITIES UNDERTAKEN TO PERMA-
NENTLY  ELIMINATE, REMOVE, ABATE, CONTROL OR MONITOR HEALTH AND/OR ENVI-
RONMENTAL HAZARDS OR POTENTIAL HAZARDS.
  B. "CLEANUP AND DECONTAMINATION COSTS" MEAN ALL COSTS ASSOCIATED  WITH
THE  CLEANUP  AND  DECONTAMINATION OF CONTAMINATION INCLUDING RELOCATION
COSTS INCURRED BY THE STATE  OR  ITS  POLITICAL  SUBDIVISIONS  OR  THEIR
AGENTS OR ANY PERSON WITH APPROVAL OF THE DEPARTMENT.
  C.  "CONTAMINATION"  MEANS  ANY DAMAGE TO ANY PROPERTY OR THE ENVIRON-
MENT, INCLUDING, BUT NOT LIMITED TO, A PUBLIC OR PRIVATE  WATER  SUPPLY,
ANY  THREAT  TO  PUBLIC HEALTH, OR ANY HAZARDOUS CONDITION THAT PREVENTS
THE USE OF PROPERTY OR THAT REQUIRES RELOCATION OF PEOPLE OR PROPERTY TO
PREVENT HARM RESULTING FROM THE RELEASE OF ANY SUBSTANCE.
  D. "ENVIRONMENT" MEANS ANY WATER INCLUDING,  BUT  NOT  LIMITED  TO,  A
STREAM, POND, LAKE, RIVER, WATER COURSE, AQUIFER, WETLAND, OR RESERVOIR,
ANY  LAND  INCLUDING,  BUT NOT LIMITED TO, A LAND SURFACE OR SUBSURFACE,
AIR, FISH, WILDLIFE, BIOTA AND ALL OTHER NATURAL RESOURCES.
  2. IN ADDITION TO ANY  OTHER  EXISTING  REQUIREMENTS,  THE  DEPARTMENT
SHALL  REQUIRE  ALL  PETROLEUM BULK STORAGE FACILITIES THAT STORE BAKKEN
CRUDE OIL OR BITUMEN CRUDE OIL TO PROVIDE FINANCIAL SECURITY TO MEET ALL
RESPONSIBILITIES FOR CLEANUP AND DECONTAMINATION COSTS  ASSOCIATED  WITH
THE  RELEASE OF SUCH OIL.  FINANCIAL SECURITY MAY BE EVIDENCED BY ONE OR
A COMBINATION OF THE FOLLOWING METHODS ACCEPTABLE TO THE COMMISSIONER IN

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

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