S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4560
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 17, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
   printed to be committed 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
 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.
              

                                                            LBD02746-01-7

 S. 4560                             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.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.