S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    206
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by M. of A. GANTT -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the transportation law, the  environmental  conservation
   law, the vehicle and traffic law and the insurance law, in relation to
   enacting the "hazardous materials transport security act"

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the  "hazardous
 materials transport security act".
   §  2.  Legislative findings. Since the World Trade Center and Pentagon
 attacks of September 11, 2001, it has  become  evident  that  terrorists
 intend to attack the United States economy by any and every means avail-
 able, including using hazardous materials vehicles as potential "weapons
 of  mass  destruction".  Although  several laws, both at the federal and
 state level, have been considered to enhance the security of  transport-
 ing  these  hazardous  materials, much remains to be done, especially in
 high-risk states such as New York. Basic best practices  security  regu-
 lations  must be implemented for the transport of hazardous materials to
 protect the citizens, economy, and environment of New York from  terror-
 ist  attacks.  A  successful  attack  would severely damage the New York
 economy and, in particular, threaten the viability of the  vital  indus-
 tries  which now produce, transport, and consume the hazardous materials
 that are essential inputs for a modern industrial economy.
   The federal government has issued several warnings and  advisories  to
 hazardous  materials transporters that such vehicles could be weaponized
 by terrorists or other enemies of the United States.    There  currently
 exist  many  devices  that  can  prevent the theft or hijacking of these
 vehicles; other devices provide local law enforcement officials with the
 tools to take  control  of  such  vehicles  if  a  hijacking  cannot  be
 prevented.  This  act  establishes  a task force to review, examine, and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01437-01-7

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 make recommendations  on  the  efficacy,  operational  feasibility,  and
 economic  impacts of mandating such security devices across the New York
 hazardous materials fleet.
   This  act  mandates  that  authorized representatives of generators of
 products considered to be hazardous materials  with  responsibility  for
 loading those hazardous products and waste shall, prior to that loading,
 ensure  that the driver of the transport vehicle be in possession of the
 proper  commercial  driver's  license,  including  hazardous   materials
 endorsements,  required  to  lawfully operate the transport vehicle with
 its intended load.  This act also mandates that vehicles used to  trans-
 port  hazardous materials and wastes be equipped with a two-way communi-
 cation device that would allow immediate communication with a  New  York
 state-authorized  emergency response center in the event of an emergency
 involving hazardous materials.
   § 3. Section 14-f of the transportation law is amended by adding a new
 subdivision 7 to read as follows:
   7. (A) THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT  A  TEMPORARY
 TASK FORCE ON HAZARDOUS MATERIALS MOTOR CARRIER SECURITY TECHNOLOGY. THE
 TASK FORCE SHALL CONSIST OF THIRTEEN MEMBERS. THE GOVERNOR SHALL APPOINT
 FIVE  MEMBERS  AND THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER
 OF THE ASSEMBLY SHALL EACH APPOINT FOUR MEMBERS. THE GOVERNOR'S APPOINT-
 MENTS SHALL BE THE COMMISSIONER, WHO SHALL SERVE AS CHAIRPERSON  OF  THE
 TASK  FORCE,  THE  COMMISSIONER OF MOTOR VEHICLES, THE SUPERINTENDENT OF
 STATE POLICE, THE DIRECTOR OF THE OFFICE FOR TECHNOLOGY, AND THE  DIREC-
 TOR  OF  THE  OFFICE  OF  PUBLIC SECURITY, OR THEIR DESIGNATED REPRESEN-
 TATIVES. THREE APPOINTMENTS OF THE TEMPORARY PRESIDENT OF THE SENATE AND
 THREE APPOINTMENTS OF THE SPEAKER OF THE ASSEMBLY SHALL BE APPOINTED  AS
 FOLLOWS:
   (I)  ONE  EACH  SHALL  BE  A  MEMBER,  OFFICER, OR EMPLOYEE OF A FIRST
 RESPONDER OR LAW ENFORCEMENT ORGANIZATION THAT SERVES A MUNICIPAL CORPO-
 RATION;
   (II) ONE EACH SHALL POSSESS EXPERTISE IN THE FIELD OF HOMELAND SECURI-
 TY TECHNOLOGY; AND
   (III) ONE EACH SHALL BE A REPRESENTATIVE IN THE FIELD OF MOTOR CARRIER
 TRANSPORT OF HAZARDOUS MATERIALS.
   (B) THE TASK FORCE SHALL HAVE  THE  FOLLOWING  FUNCTIONS,  POWERS  AND
 DUTIES:
   (I)  TO  REVIEW  EXISTING  SECURITY  DEVICES  AND SYSTEMS AVAILABLE TO
 PREVENT THE HIJACKING, MISUSE, OR UNAUTHORIZED USE OF  COMMERCIAL  MOTOR
 VEHICLES USED TO TRANSPORT HAZARDOUS MATERIALS; THESE TECHNOLOGIES SHALL
 BE  EVALUATED  FOR  SEVERAL CRITERIA, INCLUDING COMMERCIAL AVAILABILITY,
 EFFICACY, RELIABILITY, AND ECONOMIC FEASIBILITY;
   (II) TO RECOMMEND A LIST  OF  THOSE  SECURITY  TECHNOLOGIES  THAT  THE
 MEMBERS  OF  THE TASK FORCE DEEM TO BE MOST APPROPRIATE FOR USE BY MOTOR
 VEHICLES TRANSPORTING HAZARDOUS MATERIALS;
   (III) TO RECOMMEND APPROPRIATE  FINANCIAL  ASSISTANCE  MECHANISMS  FOR
 OWNERS  AND OPERATORS OF MOTOR VEHICLES TRANSPORTING HAZARDOUS MATERIALS
 TO IMPLEMENT SUCH SECURITY DEVICES AND SYSTEMS;
   (IV) TO SUBMIT A REPORT ON OR BEFORE DECEMBER THIRTY-FIRST, TWO  THOU-
 SAND  SEVENTEEN  TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE,
 AND THE SPEAKER OF THE ASSEMBLY INCLUDING SUCH RECOMMENDATIONS, AS  WELL
 AS,  WHERE APPROPRIATE, FINANCIAL ASSISTANCE FOR OWNERS AND OPERATORS OF
 MOTOR VEHICLES TRANSPORTING HAZARDOUS MATERIALS, TO IMPLEMENT SUCH SECU-
 RITY DEVICES.
   (C) THE TASK FORCE SHALL MEET AS NECESSARY TO CARRY OUT ITS  FUNCTIONS
 AND  DUTIES. MEMBERS OF THE TASK FORCE SHALL RECEIVE NO COMPENSATION FOR

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 THEIR SERVICES AS MEMBERS BUT SHALL BE ALLOWED THEIR ACTUAL  AND  NECES-
 SARY  EXPENSES  INCURRED  IN  THE  PERFORMANCE OF THEIR DUTIES. THE TASK
 FORCE SHALL EXPIRE ON JANUARY FIRST, TWO THOUSAND NINETEEN.
   §  4.  Subdivision 3 of section 27-0305 of the environmental conserva-
 tion law, as amended by chapter 592 of the laws of 1981, is  amended  to
 read as follows:
   3.  A  generator of a waste may obtain a permit pursuant to this title
 to transport his OR HER own waste or if he OR SHE contracts with another
 person to remove, transport, or dispose of regulated wastes. If a gener-
 ator obtains such a permit, a person engaged in the removal, transporta-
 tion or disposal of his OR HER waste shall not be required to  obtain  a
 permit  pursuant to this title for the transportation of such wastes. AN
 AUTHORIZED REPRESENTATIVE OF THE GENERATOR THAT IS RESPONSIBLE FOR LOAD-
 ING SUCH WASTES INTO A TRANSPORT VEHICLE SHALL, PRIOR TO  SUCH  LOADING,
 ENSURE  THAT THE DRIVER OF THE TRANSPORT VEHICLE IS IN POSSESSION OF THE
 APPROPRIATE CLASS OF DRIVER'S LICENSE AND THAT  SUCH  LICENSE  INDICATES
 ANY  ENDORSEMENT REQUIRED TO LAWFULLY OPERATE THE TRANSPORT VEHICLE WITH
 ITS INTENDED LOAD.
   § 5. Section 27-0305 of the environmental conservation law is  amended
 by adding a new subdivision 13 to read as follows:
   13.  AS  A  CONDITION  FOR THE PERMIT, ANY VEHICLE REQUIRED TO DISPLAY
 PLACARDS PURSUANT TO THIS  SUBDIVISION  OR  SECTION  FOURTEEN-F  OF  THE
 TRANSPORTATION  LAW  SHALL  BE  EQUIPPED  WITH  A  TWO-WAY COMMUNICATION
 DEVICE, MAINTAINED IN GOOD WORKING ORDER, WHICH ENABLES  THE  DRIVER  TO
 IMMEDIATELY  CONTACT  A  NEW  YORK  STATE-DESIGNATED  EMERGENCY RESPONSE
 CENTER THAT CAN PROVIDE IMMEDIATE EMERGENCY ASSISTANCE IN THE  EVENT  OF
 AN  ACT  OF  TERRORISM  OR ACCIDENT INVOLVING THE RELEASE OF A HAZARDOUS
 MATERIAL. FOR THE PURPOSES OF THIS SUBDIVISION,  "TWO-WAY  COMMUNICATION
 DEVICE"  SHALL MEAN A RADIO, CELLULAR TELEPHONE, OR OTHER SIMILAR DEVICE
 THAT ALLOWS IMMEDIATE COMMUNICATION DIRECTLY WITH A DESIGNATED EMERGENCY
 RESPONSE CENTER FROM THOSE AREAS OF NEW YORK STATE WITH CELLULAR  COVER-
 AGE.
   § 6. Section 375 of the vehicle and traffic law is amended by adding a
 new subdivision 52 to read as follows:
   52. A VEHICLE REQUIRED TO DISPLAY PLACARDS PURSUANT TO SECTION 27-0305
 OF  THE  ENVIRONMENTAL  CONSERVATION  LAW  OR  SECTION FOURTEEN-F OF THE
 TRANSPORTATION LAW  SHALL  BE  EQUIPPED  WITH  A  TWO-WAY  COMMUNICATION
 DEVICE,  MAINTAINED  IN  GOOD WORKING ORDER, WHICH ENABLES THE DRIVER TO
 IMMEDIATELY CONTACT  A  NEW  YORK  STATE-DESIGNATED  EMERGENCY  RESPONSE
 CENTER  DESIGNED  TO PROVIDE IMMEDIATE EMERGENCY ASSISTANCE IN THE EVENT
 OF AN ACT OF TERRORISM OR OTHER EMERGENCY INVOLVING  THE  RELEASE  OF  A
 HAZARDOUS  MATERIAL.  FOR  THE  PURPOSES  OF  THIS SUBDIVISION, "TWO-WAY
 COMMUNICATION DEVICE" SHALL MEAN A RADIO, CELLULAR TELEPHONE,  OR  OTHER
 SIMILAR  DEVICE  THAT  ALLOWS  IMMEDIATE  COMMUNICATION DIRECTLY WITH AN
 EMERGENCY RESPONSE CENTER FROM THOSE AREAS OF NEW YORK STATE WITH CELLU-
 LAR COVERAGE.
   § 7. Section 2336 of the insurance law is  amended  by  adding  a  new
 subsection (i) to read as follows:
   (I) BEGINNING JUNE FIRST, TWO THOUSAND SIXTEEN, ANY SCHEDULE OR RATING
 PLAN APPLICABLE TO COMMERCIAL RISK INSURANCE FOR MOTOR VEHICLES WEIGHING
 IN  EXCESS  OF  TEN  THOUSAND POUNDS WHICH TRANSPORT HAZARDOUS MATERIALS
 PURSUANT TO SECTION FOURTEEN-F OF THE TRANSPORTATION LAW  SHALL  PROVIDE
 FOR  AN  ACTUARIALLY APPROPRIATE REDUCTION IN PREMIUM CHARGES FOR BODILY
 INJURY LIABILITY, PROPERTY  DAMAGE  LIABILITY,  THEFT,  PERSONAL  INJURY
 PROTECTION,  MEDICAL  PAYMENTS,  COLLISION  COVERAGE, AND CARGO LOSS AND
 DAMAGE, WITH RESPECT TO SUCH MOTOR VEHICLES EQUIPPED WITH ANY ANTI-THEFT

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 DEVICE RECOMMENDED PURSUANT TO SUBDIVISION SEVEN OF  SECTION  FOURTEEN-F
 OF  THE  TRANSPORTATION  LAW. THE SUPERINTENDENT SHALL, AFTER CONSULTING
 WITH THE DEPARTMENTS OF MOTOR VEHICLES  AND  TRANSPORTATION,  PROMULGATE
 RULES  AND REGULATIONS ESTABLISHING THE QUALIFICATIONS AND STANDARDS FOR
 THE APPROVAL, UTILIZATION, AND INSTALLATION OF SUCH DEVICES.
   § 8. This act shall take effect  immediately;  provided  that  section
 four  of  this act shall take effect on the thirtieth day after this act
 shall have become a law and sections five and six of this act shall take
 effect on the one hundred eightieth day after this act shall have become
 a law.