S T A T E   O F   N E W   Y O R K
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     S. 3001                                                  A. 2333
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             January 18, 2017
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed, 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. APPLICABILITY.
 § 37-0901. DEFINITION.
   AS USED IN THIS TITLE:
   "PENTACHLOROPHENOL",  CAS  REGISTRY  NUMBER 87-86-5 OTHERWISE KNOWN AS
 PCP, MEANS A MANUFACTURED ORGANIC CHEMICAL THAT IS USED PRIMARILY AS  AN
 INDUSTRIAL WOOD PRESERVATIVE.
 § 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
 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07171-01-7

 S. 3001                             2                            A. 2333
 
 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.
 § 37-0905. 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.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.