Senate Bill S5411

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

                                  5411

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sen.  COMRIE -- 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 and  the  administra-
  tive  code  of  the  city  of  New York, in relation to establishing a
  computerized database containing information relating to  the  storage
  and  handling  of  hazardous substances and emergency responses to the
  release of hazardous substances

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

  Section  1.  Section  3-0301  of the environmental conservation law is
amended by adding a new subdivision 6 to read as follows:
  6. A. THE COMMISSIONER SHALL MAINTAIN A COMPUTERIZED DATA SYSTEM WHICH
SHALL CONTAIN INFORMATION  RELATING  TO  THE  STORAGE  AND  HANDLING  OF
HAZARDOUS SUBSTANCES AND EMERGENCY RESPONSES TO THE RELEASE OF HAZARDOUS
SUBSTANCES  BY  ANY AGENCY OR RESPONSIBLE PERSON. THIS SYSTEM SHALL HAVE
ACCESS TO INFORMATION STORED ON OTHER COMPUTERIZED  DATA  SYSTEMS  MAIN-
TAINED  BY  AGENCIES,  WHICH INFORMATION SHALL COLLECTIVELY INCLUDE, BUT
NOT BE LIMITED TO, THE FOLLOWING:
  (1) THE DATE AND TIME OF ALL NOTIFICATIONS RECEIVED BY THE COMMISSION-
ER PURSUANT TO THIS CHAPTER AND ALL RELEVANT RULES OF THE DEPARTMENT AND
THE INFORMATION CONTAINED IN SUCH NOTIFICATIONS;
  (2) THE DATE AND TIME OF NOTIFICATIONS RECEIVED BY THE POLICE AND FIRE
DEPARTMENTS, THE EMERGENCY MEDICAL SERVICE, THE DEPARTMENT OF  TRANSPOR-
TATION AND ANY OTHER AGENCY WITH RESPECT TO THE TRANSPORT AND RELEASE OF
HAZARDOUS SUBSTANCES AND THE INFORMATION CONTAINED IN SUCH NOTIFICATION;
  (3)  THE  DATE, TIME AND LOCATION OF ALL RESPONSE MEASURES, UNDERTAKEN
OR ORDERED TO BE UNDERTAKEN PURSUANT TO THIS CHAPTER, A  DESCRIPTION  OF
SUCH  RESPONSE  MEASURES, THE HAZARDOUS SUBSTANCE OR SUBSTANCES RELEASED
AND THE QUANTITY OF EACH HAZARDOUS SUBSTANCE RELEASED;
  (4) THE LOCATION OF ALL PIPELINES WITHIN THE CITY WHICH  TRANSPORT  OR
ARE  INTENDED  TO  TRANSPORT  ANY  HAZARDOUS SUBSTANCE, PETROLEUM OR ANY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10910-01-5
              

S. 5411                             2

PETROLEUM PRODUCT AND FOR EACH SUCH PIPELINE THE LOCATION OF EVERY VALVE
OR OTHER CONTROL DEVICE WHICH MAY BE USED TO INTERRUPT THE TRANSPORT  OF
SUCH MATERIAL AND THE OWNER OR OPERATOR OF SUCH PIPELINE;
  (5)  THE INFORMATION REQUIRED TO BE REPORTED PURSUANT TO ARTICLE FORTY
OF THIS CHAPTER; AND
  (6) THE INVENTORY DATABASE COMPILED BY THE  COMMISSIONER  PURSUANT  TO
ARTICLE FORTY OF THIS CHAPTER.
  B.  ALL OF THE INFORMATION REQUIRED BY PARAGRAPH A OF THIS SUBDIVISION
SHALL BE MADE AVAILABLE ON-LINE IN READ-ONLY FORM TO PERSONNEL FROM  ANY
AGENCY,  MEMBERS  OF  THE LEGISLATURE AND LEGISLATIVE STAFF AND SHALL BE
MADE AVAILABLE TO MEMBERS OF THE PUBLIC.
  S 2. The administrative code of the city of New  York  is  amended  by
adding a new section 24-613 to read as follows:
  S 24-613 COMPUTERIZED  DATABASE.  A. THE COMMISSIONER SHALL MAINTAIN A
COMPUTERIZED DATA SYSTEM WHICH SHALL CONTAIN INFORMATION RELATING TO THE
STORAGE AND HANDLING OF HAZARDOUS SUBSTANCES AND EMERGENCY RESPONSES  TO
THE RELEASE OF HAZARDOUS SUBSTANCES BY ANY AGENCY OR RESPONSIBLE PERSON.
THIS  SYSTEM  SHALL HAVE ACCESS TO INFORMATION STORED ON OTHER COMPUTER-
IZED DATA  SYSTEMS  MAINTAINED  BY  AGENCIES,  WHICH  INFORMATION  SHALL
COLLECTIVELY INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
  (1) THE DATE AND TIME OF ALL NOTIFICATIONS RECEIVED BY THE COMMISSION-
ER PURSUANT TO THIS CHAPTER AND ALL RELEVANT RULES OF THE DEPARTMENT AND
THE INFORMATION CONTAINED IN SUCH NOTIFICATIONS;
  (2) THE DATE AND TIME OF NOTIFICATIONS RECEIVED BY THE POLICE AND FIRE
DEPARTMENTS,  THE EMERGENCY MEDICAL SERVICE, THE DEPARTMENT OF TRANSPOR-
TATION AND ANY OTHER AGENCY WITH RESPECT TO THE TRANSPORT AND RELEASE OF
HAZARDOUS SUBSTANCES AND THE INFORMATION CONTAINED IN SUCH NOTIFICATION;
  (3) THE DATE, TIME AND LOCATION OF ALL RESPONSE  MEASURES,  UNDERTAKEN
OR  ORDERED  TO BE UNDERTAKEN PURSUANT TO THIS CHAPTER, A DESCRIPTION OF
SUCH RESPONSE MEASURES, THE HAZARDOUS SUBSTANCE OR  SUBSTANCES  RELEASED
AND THE QUANTITY OF EACH HAZARDOUS SUBSTANCE RELEASED;
  (4)  THE  LOCATION OF ALL PIPELINES WITHIN THE CITY WHICH TRANSPORT OR
ARE INTENDED TO TRANSPORT ANY  HAZARDOUS  SUBSTANCE,  PETROLEUM  OR  ANY
PETROLEUM PRODUCT AND FOR EACH SUCH PIPELINE THE LOCATION OF EVERY VALVE
OR  OTHER CONTROL DEVICE WHICH MAY BE USED TO INTERRUPT THE TRANSPORT OF
SUCH MATERIAL AND THE OWNER OR OPERATOR OF SUCH PIPELINE;
  (5) THE INFORMATION REQUIRED TO BE REPORTED PURSUANT TO SECTION 24-706
OF THIS TITLE; AND
  (6) THE CITYWIDE FACILITY INVENTORY DATABASE COMPILED BY  THE  COMMIS-
SIONER PURSUANT TO SECTION 24-707 OF THIS TITLE.
  B.  ALL  OF  THE INFORMATION REQUIRED BY SUBDIVISION A OF THIS SECTION
SHALL BE MADE AVAILABLE ON-LINE IN READ-ONLY FORM TO PERSONNEL FROM  ANY
AGENCY,  MEMBERS  OF  THE  COUNCIL  AND  COUNCIL STAFF AND SHALL BE MADE
AVAILABLE TO MEMBERS OF THE PUBLIC.
  S 3. This act shall take effect on the ninetieth day  after  is  shall
have  become  a  law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the  implementation of this act on its effective date is authorized
and directed to be made and completed on or before such effective date.