Assembly Bill A2013A

                            
                    S T A T E   O F   N E W   Y O R K
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    S. 1879                                                  A. 2013

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 15, 2015
                               ___________

IN  SENATE -- Introduced by Sens. LAVALLE, MARTINS, HANNON -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Environmental Conservation

IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
  to the Committee on Environmental Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  prohibiting the use of pentachlorophenol with regard to new or  exist-
  ing transmission utility poles or facilities

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

  Section 1. Article 37 of the environmental conservation law is amended
by adding a new title 9 to read as follows:
                                TITLE IX
                            PENTACHLOROPHENOL
SECTION 37-0901. DEFINITION.
        37-0903. PROHIBITION.
        37-0905. NOTICE.
        37-0907. RULES AND REGULATIONS.
        37-0909. PREEMPTION.
        37-0911. APPLICABILITY.
S 37-0901. DEFINITION.
  AS USED IN THIS TITLE:
  "PENTACHLOROPHENOL", OTHERWISE KNOWN  AS  PCP,  MEANS  A  MANUFACTURED
ORGANIC  CHEMICAL THAT IS USED PRIMARILY AS AN INDUSTRIAL WOOD PRESERVA-
TIVE.
S 37-0903. PROHIBITION.
  NO ELECTRIC CORPORATION, AS DEFINED BY SUBDIVISION THIRTEEN OF SECTION
TWO OF THE PUBLIC SERVICE LAW;  AUTHORITY,  AS  DEFINED  IN  SUBDIVISION
THREE  OF  SECTION  ONE THOUSAND TWENTY-B OF THE PUBLIC AUTHORITIES LAW;
TELEPHONE CORPORATION, UTILITY COMPANY, OR CABLE TELEVISION COMPANY,  AS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02414-01-5
              

S. 1879                             2                            A. 2013

DEFINED  BY  SUBDIVISIONS  SEVENTEEN AND TWENTY-THREE OF SECTION TWO AND
SUBDIVISION ONE OF SECTION TWO HUNDRED TWELVE OF THE PUBLIC SERVICE LAW,
RESPECTIVELY; SHALL APPLY PENTACHLOROPHENOL (PCP) TO THE OPERATION, USE,
OR  MAINTENANCE  OF  ANY  NEW  OR EXISTING TRANSMISSION UTILITY POLES OR
FACILITIES OWNED OR USED, IN WHOLE OR IN PART, BY SUCH ELECTRIC COMPANY,
AUTHORITY, TELEPHONE CORPORATION, UTILITY COMPANY  OR  CABLE  TELEVISION
COMPANY AFTER THE EFFECTIVE DATE OF THIS TITLE.
S 37-0905. NOTICE.
  IN  THE  CASE OF UTILITY POLES OR FACILITIES TREATED WITH PENTACHLORO-
PHENOL OWNED OR USED, IN WHOLE OR  IN  PART,  BY  AN  ELECTRIC  COMPANY,
AUTHORITY,  TELEPHONE  CORPORATION, UTILITY COMPANY, OR CABLE TELEVISION
COMPANY IN USE BEFORE THE EFFECTIVE  DATE  OF  THIS  TITLE,  EVERY  SUCH
CORPORATION,  AUTHORITY,  OR  COMPANY SHALL POST A NOTICE ON EVERY OTHER
UTILITY POLE TREATED WITH  PENTACHLOROPHENOL  IN  THE  LINE  OF  UTILITY
POLES.  THE SIGN SHALL BE POSTED IN A CONSPICUOUS LOCATION AT LEAST FOUR
FEET AND NO MORE THAN FIVE FEET FROM THE BASE  OF  THE  POLE.  THE  SIGN
SHALL CONTAIN THE FOLLOWING WARNING: "NOTICE - THIS POLE CONTAINS PENTA-
CHLOROPHENOL.  AVOID PROLONGED DIRECT CONTACT WITH THIS POLE. WASH HANDS
OR OTHER EXPOSED AREAS THOROUGHLY IF CONTACT IS MADE." THE SIGN SHALL BE
ORIENTED  TOWARDS  PEDESTRIAN TRAFFIC WHENEVER POSSIBLE. THE TEXT OF THE
SIGN SHALL BE OF A FONT SIZE THAT IS NO LESS THAN 36 POINT. THE TEXT  OF
THE SIGN SHALL BE BLACK ON A WHITE BACKGROUND.
S 37-0907. RULES AND REGULATIONS.
  THE  DEPARTMENT,  OR  THE COMMISSIONER, AS APPROPRIATE, SHALL HAVE THE
AUTHORITY TO:
  1. ADMINISTER AND ENFORCE THIS TITLE AND  ANY  RULES  AND  REGULATIONS
ADOPTED PURSUANT TO THIS TITLE.
  2. ISSUE SUCH ORDERS AND INITIATE SUCH PROCEEDINGS AS MAY BE NECESSARY
FOR  THE ENFORCEMENT OF THIS TITLE AND ANY RULES AND REGULATIONS ADOPTED
PURSUANT TO THIS TITLE.
  3. ASSIST AFFECTED INDUSTRIES  IN  IDENTIFYING  RELIABLE  SUPPLIES  OF
ALTERNATIVE MATERIALS THAT ARE BOTH ECONOMICAL AND EFFECTIVE.
S 37-0909. PREEMPTION.
  JURISDICTION  IN  ALL  MATTERS  PERTAINING  TO PENTACHLOROPHENOL (PCP)
WHICH ARE REGULATED PURSUANT TO THE PROVISIONS OF THIS  TITLE  SHALL  BE
VESTED EXCLUSIVELY IN THE STATE.
S 37-0911. APPLICABILITY.
  THE  PROVISIONS  OF THIS TITLE SHALL ONLY APPLY WITHIN COUNTIES WITH A
POPULATION OF ONE MILLION OR MORE WHICH DRAW  THEIR  PRIMARY  SOURCE  OF
DRINKING WATER FOR A MAJORITY OF COUNTY RESIDENTS FROM A DESIGNATED SOLE
SOURCE AQUIFER.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.