Assembly Bill A2029

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2029
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by  M.  of  A. FAHY, ENGLEBRIGHT, LIFTON, ROSENTHAL, COLTON,
   OTIS, GALEF, GOTTFRIED -- read once and referred to the  Committee  on
   Environmental Conservation
 
 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:
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02746-01-7

 A. 2029                             2
 
 THE DEPARTMENT INCLUDING, BUT NOT LIMITED TO, PLACE OF ORIGIN, MODES  OF
 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.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.