NY State Senate Bill 2019-S4982

Senate Bill S4982

2019-2020 Legislative Session

Relates to the exemptions for railroads and railroad and shipping facilities from the phase-out of creosote

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to environmental conservation
Apr 03, 2019	referred to environmental conservation

2019-S4982 (ACTIVE) - Details

See Assembly Version of this Bill:: A7005
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §27-2513, En Con L
Versions Introduced in 2017-2018 Legislative Session:: S8053, A10163

2019-S4982 (ACTIVE) - Summary

Removes the exemptions for railroads and railroad and shipping facilities from the phase-out of creosote.

2019-S4982 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4982

SPONSOR: LAVALLE
 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to the exemptions for railroads and railroad and railroad ship-
ping facilities from the phase-out of creosote

 
PURPOSE::

To phase out the use, combustion and disposal of creosote in railroads
and railroad and railroad shipping facilities.

 
SUMMARY OF PROVISIONS::

Section 1. Section 27-2513 of the environmental conservation law, as
added by Chapter 172 of the Laws of 2007, is amended to include railroad
and railroad shipping facilities in the phase out of creosote.

 
JUSTIFICATION::

Creosote is composed of over 300 chemicals, with the major ingredients
known to cause harmful health effects and environmental degradation. It
is listed as a hazardous waste by the environmental protection agency
(EPA) and has been found in at least 33 of the national priorities list
sited and identified by the EPA. Workers in the building trades indus-
try, especially those who build decks and boat docks and those who work
with foundation shoring, construction and maintenance of utility poles
for electric, cable, and telephone lines, are all susceptible to the
harmful effects of creosote which include but are not limited to skin
irritations, chemical bums of the eyes, mental confusion, respiratory
ailments and liver damage.  Creosote is listed as a carcinogen in the
1992 toxic release inventory (TRI) and can cause cancer. Creosote poses
an environmental threat as its runoff can contaminate soil and surface
and groundwater.

Article 27, Title 25 of the environmental conservation law provides that
as of January 1, 2008, creosote or products containing creosote shall
not be manufactured, sold or used in New York State.  However,
exemptions to this law allows railroads, railroad and railroad shipping
facilities to continue to manage wood treated with creosote and maintain
control or ownership of the materials which allows wood treated with
creosote to be reused or stockpiled for re-use.

In the spring of 2017, the Long Island Railroad began placing stockpiles
of creosote soaked railroad ties within close proximity to residencies
and businesses that abut the LIRR"s right of way on the east end of
Long Island. Complaints to LIRR began as the incessant strong odor from
the railroad ties lingered in the air causing respiratory ailments,
dizziness and burning eyes, among others. These are common symptoms
associated with the harmful exposure to the chemicals in the creosote.
While the LIRR has since moved the ties from this area, the creosote
soaked stockpiles will eventually be used to replace broken ties in the
future continuing to threaten public health and the environment.

This legislation is necessary to remove railroads and railroad and rail-
road shipping facilities from the list of exemptions included in Article
27, Title 25 of the Environmental Conservation Law.  Effective and safer
alternatives to creosote area available and should be utilized to better
protect public health and the environment.
 
LEGISLATIVE HISTORY::

2018 S.8053/A.10163

 
FISCAL IMPLICATIONS::

To be determined.

 
EFFECTIVE DATE::

Immediately.

2019-S4982 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 4982                                                  A. 7005
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                               April 3, 2019
                                ___________
 
 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, STECK, GLICK, OTIS,
   L. ROSENTHAL, GALEF -- Multi-Sponsored by -- M. of A. EPSTEIN --  read
   once and referred to the Committee on Environmental Conservation
 
 AN  ACT  to amend the environmental conservation law, in relation to the
   exemptions for railroads and railroad and railroad shipping facilities
   from the phase-out of creosote
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 27-2513 of the environmental conservation law, as
 added by chapter 172 of the laws of 2007, is amended to read as follows:
 § 27-2513. Exemptions.
   Notwithstanding any inconsistent provision of law,  this  title  shall
 not apply to:
   1.  [railroads, as defined in subdivisions twenty-four and twenty-nine
 of section two of the transportation law or within the scope  of  titles
 nine and eleven of article five of the public authorities law;
   2.  the operation and/or maintenance of railroad and railroad shipping
 facilities, including but not limited to the right of way, tracks, track
 sidings, team tracks and bridges;
   3.] any electric corporation, as defined by  subdivision  thirteen  of
 section  two of the public service law, nor shall it apply to the opera-
 tion, use, or maintenance of any new or existing utility pole or facili-
 ties owned or used, in whole or in part,  by  a  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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03301-01-9

 S. 4982                             2                            A. 7005
 
   [4.]  2.  the  use  of  one  or  more  utility  poles by any person in
 connection with the suspension  or  support  of  power,  communications,
 utility  wires,  lines or cables and related equipment, antennae, light-
 ing, signals, electric or electronic devices  or  similar  equipment  or
 apparatus;
   [5.]  3.  any  public authority that owns and operates electric trans-
 mission or distribution lines, a municipally owned electric utility or a
 rural electric cooperative, nor shall it apply to the operation, use, or
 maintenance of any new or existing utility pole or facilities  owned  or
 used,  in  whole  or  in part, by any such public authority, municipally
 owned electric utility, or rural electric cooperative; and
   [6.] 4. until January first, two thousand ten, any existing marina  or
 other  facility  for berthing and mooring of pleasure vessels, including
 rowboats and canoes, and the storage thereof, and any existing  facility
 that  services  pleasure  vessels other than an existing marina or other
 facility for berthing and mooring of pleasure vessels, or facility  that
 services  pleasure  vessels owned and/or operated by a municipal entity.
 For the purpose of this section, pleasure vessel  shall  have  the  same
 meaning  as  in  paragraph  (c) of subdivision six of section two of the
 navigation law.
   § 2. Severability clause. If any provision of this act or  application
 thereof  shall  for  any  reason  be  adjudged by any court of competent
 jurisdiction to be invalid, such judgment shall not affect,  impair,  or
 invalidate the remainder of the act, but shall be confined in its opera-
 tion  to  the  provision thereof directly involved in the controversy in
 which the judgment shall have been rendered.
   § 3. This act shall take effect immediately.

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