Senate Bill S7210

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

                                  7210

                            I N  S E N A T E

                              April 6, 2016
                               ___________

Introduced by Sen. GRIFFO -- (at request of the Energy Research Develop-
  ment Authority) -- read twice and ordered printed, and when printed to
  be committed to the Committee on Energy and Telecommunications

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

              

S. 7210                             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-

S. 7210                             3

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.

S. 7210                             4

  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.