S T A T E   O F   N E W   Y O R K
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                                  7986

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 3, 2015
                               ___________

Introduced  by  M.  of A. FAHY, ENGLEBRIGHT -- read once and referred to
  the Committee on Transportation

AN ACT to amend the navigation law, in relation to notice of  crude  oil
  shipments to major facilities

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

  Section 1. The navigation law is amended by adding a new section 174-c
to read as follows:
  S 174-C. NOTICE OF CRUDE OIL SHIPMENTS TO MAJOR FACILITIES. 1. A MAJOR
FACILITY THAT RECEIVES CRUDE  OIL  FROM  A  RAILROAD  CAR  MUST  PROVIDE
ADVANCE  NOTICE  TO  THE  COMMISSIONER  AS PROVIDED IN THIS SECTION. THE
ADVANCE NOTICE MUST, AT A MINIMUM, INCLUDE THE ROUTE TO BE TAKEN TO  THE
FACILITY  WITHIN  THE STATE, IF KNOWN, AND THE SCHEDULED TIME, LOCATION,
VOLUME, REGION PER BILL OF LADING, AND GRAVITY AS MEASURED BY  STANDARDS
DEVELOPED  BY  THE  AMERICAN PETROLEUM INSTITUTE, OF CRUDE OIL RECEIVED.
EACH WEEK, A FACILITY THAT PROVIDES ADVANCE NOTICE  UNDER  THIS  SECTION
MUST PROVIDE THE REQUIRED INFORMATION REGARDING THE SCHEDULED ARRIVAL OF
RAILROAD  CARS  CARRYING CRUDE OIL TO BE RECEIVED BY THE FACILITY IN THE
SUCCEEDING SEVEN-DAY PERIOD IN A MANNER SPECIFIED BY THE DEPARTMENT.   A
MAJOR  FACILITY  IS NOT REQUIRED TO PROVIDE ADVANCE NOTICE WHEN THERE IS
NO RECEIPT OF CRUDE OIL FROM A RAILROAD CAR SCHEDULED  FOR  A  SEVEN-DAY
PERIOD.
  2. THE COMMISSIONER SHALL SHARE INFORMATION PROVIDED BY A MAJOR FACIL-
ITY  WITH THE STATE EMERGENCY MANAGEMENT OFFICE AND SHALL PROVIDE INFOR-
MATION TO ANY MUNICIPAL EMERGENCY RESPONSE AGENCY UPON REQUEST.
  3. THE COMMISSIONER MUST POST INFORMATION COLLECTED UNDER THIS SECTION
ON A QUARTERLY BASIS ON THE DEPARTMENT'S INTERNET WEB SITE PROVIDED THAT
THE INFORMATION PUBLISHED BY THE COMMISSIONER MAY  BE  AGGREGATED  ON  A
STATEWIDE  BASIS  BY  ROUTE  THROUGH  THE STATE, BY WEEK, AND BY TYPE OF
CRUDE OIL. THE REPORT MAY ALSO INCLUDE OTHER  INFORMATION  AVAILABLE  TO
THE  DEPARTMENT INCLUDING, BUT NOT LIMITED TO, PLACE OF ORIGIN, MODES OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11295-03-5
              

A. 7986                             2

TRANSPORT, NUMBER OF RAILROAD CARS DELIVERING CRUDE OIL, AND NUMBER  AND
VOLUME OF SPILLS DURING TRANSPORT AND DELIVERY.
  4.  A  FACILITY  PROVIDING  ADVANCE  NOTICE  UNDER THIS SECTION IS NOT
RESPONSIBLE FOR MEETING  ADVANCE  NOTICE  TIMEFRAME  REQUIREMENTS  UNDER
SUBDIVISION  ONE  OF  THIS  SECTION  IN  THE  EVENT THAT THE SCHEDULE OF
ARRIVALS OF RAILROAD CARS CARRYING CRUDE OIL CHANGES DURING A  SEVEN-DAY
PERIOD; PROVIDED, HOWEVER THAT ANY SUCH ARRIVALS MUST BE INCLUDED IN THE
FOLLOWING WEEK'S NOTICE.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.