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Assembly Bill A1800

2021-2022 Legislative Session

Relates to the clean-up of petroleum discharges occurring during the delivery of home heating oil to a residence

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Archive: Last Bill Status - In Assembly Committee

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2021-A1800 (ACTIVE) - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Navigation Law
Laws Affected:
Amd §176, Nav L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2478
2011-2012: A3209
2013-2014: A3926
2015-2016: A2314
2017-2018: A1557
2019-2020: A3397
2023-2024: A4677

2021-A1800 (ACTIVE) - Summary

Relates to the clean-up of petroleum discharges occurring during the delivery of home heating oil to a residence; any petroleum discharges shall be immediately cleaned up by the oil delivery company; if such spill affects soil then clean-up shall include replacing affected soil with new soil within 24 hours; provides fines for violation.

2021-A1800 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1800
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Environmental Conservation
 
 AN ACT to amend the navigation  law,  in  relation  to  the  removal  of
   prohibited discharges
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 176 of the navigation law is amended  by  adding  a
 new subdivision 9 to read as follows:
   9.  ANY  DISCHARGE OF PETROLEUM OCCURRING AT A RESIDENCE IN THE COURSE
 OF THE DELIVERY OF HOME HEATING OIL TO SUCH  RESIDENCE  FOR  RESIDENTIAL
 USE  SHALL BE IMMEDIATELY CLEANED UP BY THE OIL DELIVERY COMPANY. IF THE
 SPILL AFFECTS SOIL THE CLEAN UP SHALL  INCLUDE  REPLACING  THE  AFFECTED
 SOIL  WITH  NEW SOIL, WHICH SHALL BE COMPLETED WITHIN TWENTY-FOUR HOURS.
 VIOLATION OF THIS SECTION SHALL RESULT IN A FINE OF FIVE HUNDRED DOLLARS
 FOR THE FIRST OFFENSE AND  ONE  THOUSAND  DOLLARS  FOR  EACH  ADDITIONAL
 OFFENSE,  NOT TO EXCEED TEN THOUSAND DOLLARS PAYABLE BY THE OIL DELIVERY
 COMPANY. SUCH FINE SHALL BE IN ADDITION TO ANY OTHER PENALTY AS PROVIDED
 FOR IN THIS ARTICLE. NOTHING CONTAINED  IN  THIS  SUBDIVISION  SHALL  BE
 INTERPRETED TO DIMINISH LIABILITY ESTABLISHED IN THIS ARTICLE.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00182-01-1

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