S T A T E O F N E W Y O R K
________________________________________________________________________
9571
I N A S S E M B L Y
March 17, 2016
___________
Introduced by M. of A. PAULIN -- (at request of the Energy Research
Development Authority) -- read once and referred to the Committee on
Energy
AN ACT to amend the energy law, in relation to registration and report-
ing by major petroleum suppliers and pipeline operators
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The energy law is amended by adding a new article 13 to
read as follows:
ARTICLE 13
REGISTRATION AND REPORTING BY MAJOR PETROLEUM SUPPLIERS AND
PIPELINE OPERATORS
SECTION 13-101. DEFINITIONS.
13-103. REGISTRATION AND REPORTING REQUIREMENTS.
13-105. RULES AND REGULATIONS.
13-107. CONFIDENTIALITY.
13-109. VIOLATIONS.
S 13-101. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. "AUTHORITY" MEANS THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
MENT AUTHORITY.
2. "MAJOR PETROLEUM SUPPLIER" MEANS THE LICENSEE OF A MAJOR OIL STOR-
AGE FACILITY.
3. "MAJOR OIL STORAGE FACILITY" MEANS A PETROLEUM DISTRIBUTION FACILI-
TY WITH A MINIMUM ACTIVE STORAGE CAPACITY OF FOUR HUNDRED THOUSAND
GALLONS THAT IS NOT OPEN TO THE PUBLIC, DISTRIBUTES PETROLEUM TO OTHERS
FOR ULTIMATE USE, AND IS SUBJECT TO THE LICENSING REQUIREMENTS OF
SECTION ONE HUNDRED SEVENTY-FOUR OF THE NAVIGATION LAW.
4. "PETROLEUM PRODUCT PIPELINE" MEANS A SYSTEM THAT TRANSPORTS PETRO-
LEUM PRODUCTS FROM REFINERIES, BULK TERMINALS, OR MARINE FACILITIES TO
OTHER TERMINALS OR TO INTERCONNECTIONS WITH OTHER PIPELINES WITHIN NEW
YORK STATE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14192-02-6
A. 9571 2
5. "PETROLEUM PRODUCT PIPELINE OPERATOR" MEANS THE PERSON RESPONSIBLE
FOR THE OPERATION OF A PETROLEUM PRODUCT PIPELINE LOCATED IN NEW YORK
STATE.
6. "PETROLEUM" MEANS OIL OR REFINED PRODUCT OF ANY KIND AND IN ANY
FORM INCLUDING, BUT NOT LIMITED TO, CRUDE OR UNREFINED OIL, GASOLINE
COMPONENTS (INCLUDING ETHANOL), DISTILLATES INCLUDING PRODUCTS USED FOR
TRANSPORTATION OR SPACE HEATING AND WATER HEATING, KEROSENE, PROPANE OF
ANY FEEDSTOCK DERIVATION, AND RESIDUAL OILS INCLUDING FUEL OIL FOR ELEC-
TRIC GENERATION FACILITIES.
S 13-103. REGISTRATION AND REPORTING REQUIREMENTS. 1. REGISTRATION
REQUIREMENTS. (A) ON OR BEFORE OCTOBER FIRST, TWO THOUSAND SIXTEEN, EACH
MAJOR PETROLEUM SUPPLIER SHALL FILE A REGISTRATION STATEMENT WITH THE
AUTHORITY CONTAINING SUCH INFORMATION AND IN SUCH FORM AS PRESCRIBED BY
THE AUTHORITY, INCLUDING, BUT NOT LIMITED TO FACILITY NAME, PHYSICAL AND
MAILING ADDRESSES, FACILITY LICENSE IDENTIFICATION NUMBER, NAME OF
LICENSEE, LIST OF ACTIVE STORAGE TANKS WITH CAPACITIES AND TYPICAL
CONTENTS, AND A DESCRIPTION OF THE MODES OF TRANSPORTATION AVAILABLE FOR
DELIVERING PETROLEUM TO AND FROM THE FACILITY. THE REGISTRATION STATE-
MENT MUST ALSO INCLUDE E-MAIL AND TELEPHONE CONTACT INFORMATION WHERE
THE SUPPLIER CAN BE CONTACTED IN THE EVENT OF AN ENERGY OR FUEL SUPPLY
EMERGENCY. THIS INFORMATION SHALL BE KEPT CURRENT AT ALL TIMES. ANY
MAJOR PETROLEUM SUPPLIER THAT COMMENCES OPERATIONS AFTER OCTOBER FIRST,
TWO THOUSAND SIXTEEN SHALL FILE A REGISTRATION STATEMENT WITHIN THIRTY
DAYS OF COMMENCING OPERATIONS.
(B) ON OR BEFORE OCTOBER FIRST, TWO THOUSAND SIXTEEN, EACH PETROLEUM
PRODUCT PIPELINE OPERATOR SHALL FILE A REGISTRATION STATEMENT WITH THE
AUTHORITY CONTAINING SUCH INFORMATION AND IN SUCH FORM AS PRESCRIBED BY
THE AUTHORITY, INCLUDING, BUT NOT LIMITED TO OPERATOR NAME, REPRESEN-
TATIVE'S NAME, MAILING ADDRESS, EMERGENCY CONTACT INFORMATION INCLUDING
PHONE NUMBER AND E-MAIL ADDRESS, MAP SHOWING THE LOCATION OF THE PIPE-
LINE UNDER THE OPERATOR'S CONTROL WITHIN NEW YORK STATE, PIPELINE FLOW
CAPACITIES, TYPICAL PETROLEUM PRODUCT TYPES TRANSPORTED, TYPICAL QUANTI-
TIES TRANSPORTED PER YEAR, AND DELIVERY POINTS. ANY PETROLEUM PRODUCT
PIPELINE OPERATOR THAT COMMENCES OPERATIONS AFTER OCTOBER FIRST, TWO
THOUSAND SIXTEEN SHALL FILE A REGISTRATION STATEMENT WITHIN THIRTY DAYS
OF COMMENCING OPERATIONS.
2. ANNUAL REPORTING REQUIREMENTS. (A) ON OR BEFORE FEBRUARY FIRST, TWO
THOUSAND SEVENTEEN AND EACH FEBRUARY FIRST THEREAFTER EACH MAJOR PETRO-
LEUM SUPPLIER SHALL FILE A REPORT WITH THE AUTHORITY FOR THE PRIOR
CALENDAR YEAR CONTAINING SUCH INFORMATION AND IN SUCH FORM AS PRESCRIBED
BY THE AUTHORITY, INCLUDING, BUT NOT LIMITED TO, ACTIVE TANKS AND CAPAC-
ITIES; PETROLEUM PRODUCT TYPES; ORIGINATION POINTS; DELIVERY POINTS;
THROUGHPUT BY PETROLEUM PRODUCT TYPE; MODAL TRANSPORTATION CAPABILITIES;
BACKUP POWER CAPABILITY; AND DISPENSING CAPABILITY.
(B) ON OR BEFORE FEBRUARY FIRST, TWO THOUSAND SEVENTEEN AND EACH
FEBRUARY FIRST THEREAFTER EACH PETROLEUM PRODUCT PIPELINE OPERATOR SHALL
FILE A REPORT WITH THE AUTHORITY FOR THE PRIOR CALENDAR YEAR CONTAINING
SUCH INFORMATION AND IN SUCH FORM AS PRESCRIBED BY THE AUTHORITY,
INCLUDING, BUT NOT LIMITED TO, OPERATIONAL STATUS, PIPELINE FLOW CAPACI-
TIES, TYPICAL PETROLEUM PRODUCT TYPES TRANSPORTED, TYPICAL QUANTITIES
TRANSPORTED PER YEAR, AND DELIVERY POINTS.
3. QUARTERLY REPORTING REQUIREMENTS. (A) ON OR BEFORE THIRTY DAYS
FOLLOWING THE END OF EACH CALENDAR QUARTER, EACH MAJOR PETROLEUM SUPPLI-
ER SHALL FILE A REPORT WITH THE AUTHORITY CONTAINING SUCH INFORMATION
AND IN SUCH FORM AS PRESCRIBED BY THE AUTHORITY, INCLUDING, BUT NOT
LIMITED TO, PETROLEUM PRODUCT TYPES AND QUANTITIES RECEIVED AND DISTRIB-
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UTED; FUEL VOLUMES DELIVERED OR DISTRIBUTED SPECIFIC TO FUEL TYPE, ORIG-
INATION AND DELIVERY POINTS, AND MODE OF TRANSPORTATION; OPERATIONAL
STATUS; CURRENT INVENTORY; AND FACILITY CHANGES FROM THE INFORMATION
PROVIDED IN THE MOST RECENT ANNUAL REPORT.
(B) ON OR BEFORE THIRTY DAYS FOLLOWING THE END OF EACH CALENDAR QUAR-
TER, EACH PETROLEUM PRODUCT PIPELINE OPERATOR SHALL FILE A REPORT WITH
THE AUTHORITY FOR THE PRIOR CALENDAR QUARTER CONTAINING SUCH INFORMATION
AND IN SUCH FORM AS PRESCRIBED BY THE AUTHORITY, INCLUDING, BUT NOT
LIMITED TO, OPERATIONAL STATUS, PIPELINE FLOW CAPACITIES, VOLUMES OF
PETROLEUM PRODUCT TYPES TRANSPORTED, AND DELIVERY POINTS.
4. REPORTING REQUIREMENTS IN THE EVENT OF AN ENERGY OR FUEL SUPPLY
EMERGENCY. (A) IN THE EVENT OF A DECLARATION BY THE GOVERNOR OF AN ENER-
GY OR FUEL SUPPLY EMERGENCY PURSUANT TO SECTION 5-117 OF THIS CHAPTER,
EACH MAJOR PETROLEUM SUPPLIER SHALL FILE A REPORT WITH THE AUTHORITY AT
LEAST DAILY, CONTAINING SUCH INFORMATION AND IN SUCH FORM AS PRESCRIBED
BY THE AUTHORITY, INCLUDING, BUT NOT LIMITED TO, PETROLEUM PRODUCT
INVENTORIES; OPERATIONAL STATUS; STATUS OF ACCESS TO THE FACILITY; AND
FACILITY OPERATIONS CHANGES FROM THE INFORMATION PROVIDED IN THE SUPPLI-
ER'S MOST RECENT REPORT. IN ADDITION, IN THE EVENT OF SUCH EMERGENCY,
THE SUPPLIER SHALL BE AVAILABLE TO IMMEDIATELY RESPOND TO INQUIRIES FROM
THE AUTHORITY BY E-MAIL AND/OR TELEPHONE AT THE E-MAIL ADDRESS OR TELE-
PHONE NUMBER PROVIDED IN ITS REGISTRATION STATEMENT.
(B) IN THE EVENT OF A DECLARATION BY THE GOVERNOR OF AN ENERGY OR FUEL
SUPPLY EMERGENCY PURSUANT TO SECTION 5-117 OF THIS CHAPTER, EACH PETRO-
LEUM PRODUCT PIPELINE OPERATOR SHALL FILE A REPORT WITH THE AUTHORITY AT
LEAST DAILY, CONTAINING SUCH INFORMATION AND IN SUCH FORM AS PRESCRIBED
BY THE AUTHORITY, INCLUDING, BUT NOT LIMITED TO, PIPELINE OPERATIONAL
STATUS AND PRODUCT CURRENTLY BEING TRANSPORTED.
S 13-105. RULES AND REGULATIONS. THE AUTHORITY MAY PROMULGATE SUCH
RULES AND REGULATIONS AS IT DEEMS NECESSARY OR CONVENIENT TO CARRY OUT
THE PURPOSES OF THIS ARTICLE.
S 13-107. CONFIDENTIALITY. NO INFORMATION SUBMITTED TO THE AUTHORITY
UNDER THIS ARTICLE SHALL BE PUBLICLY DIVULGED BY AUTHORITY EMPLOYEES OR
OFFICERS, AND ALL SUCH INFORMATION SHALL BE EXEMPT FROM DISCLOSURE
PURSUANT TO PARAGRAPHS (D) AND (F) OF SUBDIVISION TWO OF SECTION EIGHT-
Y-SEVEN OF THE PUBLIC OFFICERS LAW SINCE DISCLOSURE OF ANY SUCH INFORMA-
TION COULD ENDANGER THE LIFE OR SAFETY OF ANY PERSON AND ARE TRADE
SECRETS, PROVIDED, HOWEVER, THAT SUCH INFORMATION MAY BE MADE AVAILABLE
TO ANY NEW YORK STATE ENTITY AS MAY BE DEEMED NECESSARY AND APPROPRIATE
BY THE PRESIDENT OF THE AUTHORITY, WHICH ENTITY SHALL PROVIDE AT LEAST
EQUAL PROTECTIONS TO SUCH INFORMATION.
S 13-109. VIOLATIONS. 1. ANY PERSON WHO VIOLATES ANY PROVISION OF
THIS ARTICLE OR ANY RULE, REGULATION OR ORDER ISSUED PURSUANT THERETO
SHALL BE LIABLE TO THE PEOPLE OF THE STATE FOR A CIVIL PENALTY IN AN
AMOUNT OF NOT MORE THAN TEN THOUSAND DOLLARS FOR EVERY SUCH VIOLATION,
PER DAY.
2. THE PENALTY PROVIDED IN SUBDIVISION ONE OF THIS SECTION SHALL BE
RECOVERED IN AN ACTION OR SPECIAL PROCEEDING BROUGHT BY THE ATTORNEY
GENERAL AT THE REQUEST AND IN THE NAME OF THE PRESIDENT OF THE AUTHORITY
IN ANY COURT OF COMPETENT JURISDICTION.
3. ALTERNATIVELY, OR IN ADDITION TO THE ACTION OR PROCEEDING TO
RECOVER THE CIVIL PENALTY PROVIDED IN SUBDIVISION ONE OF THIS SECTION,
THE ATTORNEY GENERAL, UPON THE REQUEST OF THE PRESIDENT OF THE AUTHORI-
TY, MAY INSTITUTE AN ACTION OR PROCEEDING TO ENJOIN ANY VIOLATION OF OR
TO ENFORCE ANY PROVISION OF THIS ARTICLE OR ANY RULE, REGULATION OR
ORDER ISSUED PURSUANT THERETO.
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4. ANY ACTION OR PROCEEDING COMMENCED TO RECOVER A PENALTY MAY BE
SETTLED OR DISCONTINUED BY THE ATTORNEY GENERAL WITH THE CONSENT OF THE
PRESIDENT OF THE AUTHORITY.
S 2. This act shall take effect immediately.