senate Bill S7718

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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Sponsored By

Archive: Last Bill Status -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 02, 2014 referred to environmental conservation

Co-Sponsors

S7718 - Details

See Assembly Version of this Bill:
A9926
Law Section:
Environmental Conservation Law
Laws Affected:
Add ยง17-1019, En Con L

S7718 - Summary

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

S7718 - Sponsor Memo

S7718 - Bill Text download pdf

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

                                  7718

                            I N  S E N A T E

                              June 2, 2014
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed 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
CONSULTATION  WITH THE SUPERINTENDENT OF FINANCIAL SERVICES: EVIDENCE OF

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

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