S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10203
 
                           I N  A S S E M B L Y
 
                               May 10, 2024
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Burdick) --
   (at request of the Energy Research Development Authority) -- read once
   and referred to the Committee on Energy
 
 AN ACT to amend the energy law, in relation to registration and  report-
   ing by major petroleum suppliers and pipeline operators
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The energy law is amended by adding a  new  article  13  to
 read as follows:
                                 ARTICLE 13
        REGISTRATION AND REPORTING BY MAJOR PETROLEUM SUPPLIERS AND
                            PIPELINE OPERATORS
 SECTION 13-101. DEFINITIONS.
         13-102. REGISTRATION AND REPORTING REQUIREMENTS.
         13-103. RULES AND REGULATIONS.
         13-104. CONFIDENTIALITY.
         13-105. VIOLATIONS.
   §  13-101.  DEFINITIONS.  AS USED IN THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "AUTHORITY" MEANS THE NEW YORK STATE ENERGY RESEARCH  AND  DEVELOP-
 MENT AUTHORITY.
   2.  "MAJOR PETROLEUM SUPPLIER" MEANS THE LICENSEE OF A MAJOR OIL STOR-
 AGE FACILITY.
   3. "MAJOR OIL STORAGE FACILITY" MEANS A PETROLEUM DISTRIBUTION FACILI-
 TY WITH A MINIMUM ACTIVE  STORAGE  CAPACITY  OF  FOUR  HUNDRED  THOUSAND
 GALLONS  THAT IS NOT OPEN TO THE PUBLIC, DISTRIBUTES PETROLEUM TO OTHERS
 FOR ULTIMATE USE, AND  IS  SUBJECT  TO  THE  LICENSING  REQUIREMENTS  OF
 SECTION  ONE HUNDRED SEVENTY-FOUR OF THE NAVIGATION LAW. THIS DEFINITION
 SHALL NOT INCLUDE RETAIL OIL PROVIDERS, AS DEFINED IN THIS SECTION.
   4. "PETROLEUM PRODUCT PIPELINE" MEANS A SYSTEM THAT TRANSPORTS  PETRO-
 LEUM  PRODUCTS  FROM REFINERIES, BULK TERMINALS, OR MARINE FACILITIES TO
 OTHER TERMINALS OR TO INTERCONNECTIONS WITH OTHER PIPELINES  WITHIN  NEW
 YORK STATE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14688-01-4
              

 A. 10203                            2
 
   5.  "PETROLEUM PRODUCT PIPELINE OPERATOR" MEANS THE PERSON RESPONSIBLE
 FOR THE OPERATION OF A PETROLEUM PRODUCT PIPELINE LOCATED  IN  NEW  YORK
 STATE.
   6.  "PETROLEUM"  MEANS  OIL  OR REFINED PRODUCT OF ANY KIND AND IN ANY
 FORM INCLUDING, BUT NOT LIMITED TO, CRUDE  OR  UNREFINED  OIL,  GASOLINE
 COMPONENTS  (INCLUDING ETHANOL), DISTILLATES INCLUDING PRODUCTS USED FOR
 TRANSPORTATION OR SPACE HEATING AND WATER HEATING, KEROSENE, PROPANE  OF
 ANY FEEDSTOCK DERIVATION, AND RESIDUAL OILS INCLUDING FUEL OIL FOR ELEC-
 TRIC GENERATION FACILITIES.
   7.  "RETAIL  OIL PROVIDER" MEANS A COMPANY, CORPORATION, JOINT VENTURE
 OR BUSINESS ORGANIZATION OF ANY FORM WHICH ENGAGES IN THE DIRECT SALE OF
 HOME HEATING OIL DIRECTLY TO CONSUMERS AND  RETAINS  AN  ACTIVE  STORAGE
 CAPACITY  OF  AT  LEAST ONE THOUSAND FIVE HUNDRED GALLONS IN ASSOCIATION
 WITH THEIR BUSINESS.
   § 13-102. REGISTRATION AND  REPORTING  REQUIREMENTS.  1.  REGISTRATION
 REQUIREMENTS.  (A) ON OR BEFORE OCTOBER FIRST, TWO THOUSAND TWENTY-FOUR,
 EACH MAJOR PETROLEUM SUPPLIER SHALL FILE A REGISTRATION  STATEMENT  WITH
 THE AUTHORITY CONTAINING SUCH INFORMATION AND IN SUCH FORM AS PRESCRIBED
 BY  THE AUTHORITY, INCLUDING, BUT NOT LIMITED TO FACILITY NAME, PHYSICAL
 AND MAILING ADDRESSES, FACILITY LICENSE IDENTIFICATION NUMBER,  NAME  OF
 LICENSEE,  LIST  OF  ACTIVE  STORAGE  TANKS  WITH CAPACITIES AND TYPICAL
 CONTENTS, AND A DESCRIPTION OF THE MODES OF TRANSPORTATION AVAILABLE FOR
 DELIVERING PETROLEUM TO AND FROM THE FACILITY. THE  REGISTRATION  STATE-
 MENT  MUST  ALSO  INCLUDE E-MAIL AND TELEPHONE CONTACT INFORMATION WHERE
 THE SUPPLIER CAN BE CONTACTED IN THE EVENT OF AN ENERGY OR  FUEL  SUPPLY
 EMERGENCY.  THIS  INFORMATION  SHALL  BE KEPT CURRENT AT ALL TIMES.  ANY
 MAJOR PETROLEUM SUPPLIER THAT COMMENCES OPERATIONS AFTER OCTOBER  FIRST,
 TWO  THOUSAND  TWENTY-FOUR  SHALL  FILE  A REGISTRATION STATEMENT WITHIN
 THIRTY DAYS OF COMMENCING OPERATIONS.
   (B) ON OR BEFORE OCTOBER FIRST, TWO THOUSAND TWENTY-FOUR, EACH  PETRO-
 LEUM  PRODUCT PIPELINE OPERATOR SHALL FILE A REGISTRATION STATEMENT WITH
 THE AUTHORITY CONTAINING SUCH INFORMATION AND IN SUCH FORM AS PRESCRIBED
 BY THE AUTHORITY, INCLUDING, BUT NOT LIMITED TO OPERATOR NAME, REPRESEN-
 TATIVE'S NAME, MAILING ADDRESS, EMERGENCY CONTACT INFORMATION  INCLUDING
 PHONE NUMBER AND EMAIL ADDRESS, MAP SHOWING THE LOCATION OF THE PIPELINE
 UNDER THE OPERATOR'S CONTROL WITHIN NEW YORK STATE, PIPELINE FLOW CAPAC-
 ITIES,  TYPICAL  PETROLEUM PRODUCT TYPES TRANSPORTED, TYPICAL QUANTITIES
 TRANSPORTED PER YEAR, AND DELIVERY POINTS. ANY PETROLEUM  PRODUCT  PIPE-
 LINE  OPERATOR  THAT COMMENCES OPERATIONS AFTER OCTOBER FIRST, TWO THOU-
 SAND TWENTY-FOUR SHALL FILE A REGISTRATION STATEMENT WITHIN THIRTY  DAYS
 OF COMMENCING OPERATIONS.
   2. ANNUAL REPORTING REQUIREMENTS. (A) ON OR BEFORE FEBRUARY FIRST, TWO
 THOUSAND  TWENTY-FIVE  AND  CONTINUING ON OR BEFORE EVERY FEBRUARY FIRST
 THEREAFTER, EACH MAJOR PETROLEUM SUPPLIER SHALL FILE A REPORT  WITH  THE
 AUTHORITY FOR THE PRIOR CALENDAR YEAR CONTAINING SUCH INFORMATION AND IN
 SUCH FORM AS PRESCRIBED BY THE AUTHORITY, INCLUDING, BUT NOT LIMITED TO,
 ACTIVE  TANKS  AND  CAPACITIES;  PETROLEUM  PRODUCT  TYPES;  ORIGINATION
 POINTS; DELIVERY POINTS; THROUGHPUT BY  PETROLEUM  PRODUCT  TYPE;  MODAL
 TRANSPORTATION  CAPABILITIES;  BACKUP  POWER  CAPABILITY; AND DISPENSING
 CAPABILITY.
   (B) ON OR BEFORE FEBRUARY FIRST, TWO THOUSAND TWENTY-FIVE AND CONTINU-
 ING ON OR BEFORE EVERY FEBRUARY FIRST THEREAFTER EACH PETROLEUM  PRODUCT
 PIPELINE  OPERATOR  SHALL FILE A REPORT WITH THE AUTHORITY FOR THE PRIOR
 CALENDAR YEAR CONTAINING SUCH INFORMATION AND IN SUCH FORM AS PRESCRIBED
 BY THE AUTHORITY, INCLUDING, BUT NOT  LIMITED  TO,  OPERATIONAL  STATUS,
 A. 10203                            3
 
 PIPELINE  FLOW  CAPACITIES, TYPICAL PETROLEUM PRODUCT TYPES TRANSPORTED,
 TYPICAL QUANTITIES TRANSPORTED PER YEAR, AND DELIVERY POINTS.
   3. QUARTERLY REPORTING REQUIREMENTS. (A) WITHIN THIRTY DAYS OF THE END
 OF  EACH  CALENDAR  QUARTER,  EACH MAJOR PETROLEUM SUPPLIER SHALL FILE A
 REPORT WITH THE AUTHORITY CONTAINING SUCH INFORMATION AND IN  SUCH  FORM
 AS PRESCRIBED BY THE AUTHORITY, INCLUDING, BUT NOT LIMITED TO, PETROLEUM
 PRODUCT  TYPES  AND  QUANTITIES  RECEIVED  AND DISTRIBUTED; FUEL VOLUMES
 DELIVERED OR DISTRIBUTED SPECIFIC TO FUEL TYPE, ORIGINATION AND DELIVERY
 POINTS, AND MODE OF TRANSPORTATION; OPERATIONAL STATUS; CURRENT INVENTO-
 RY; AND FACILITY CHANGES FROM  THE  INFORMATION  PROVIDED  IN  THE  MOST
 RECENT ANNUAL REPORT.
   (B)  WITHIN  THIRTY  DAYS  OF  THE  END OF EACH CALENDAR QUARTER, EACH
 PETROLEUM PRODUCT PIPELINE OPERATOR SHALL FILE A REPORT WITH THE AUTHOR-
 ITY FOR THE PRIOR CALENDAR QUARTER CONTAINING SUCH  INFORMATION  AND  IN
 SUCH FORM AS PRESCRIBED BY THE AUTHORITY, INCLUDING, BUT NOT LIMITED TO,
 OPERATIONAL STATUS, PIPELINE FLOW CAPACITIES, VOLUMES OF PETROLEUM PROD-
 UCT TYPES TRANSPORTED, AND DELIVERY POINTS.
   4.  REPORTING  REQUIREMENTS  IN  THE EVENT OF AN ENERGY OR FUEL SUPPLY
 EMERGENCY. (A) IN THE EVENT OF A DECLARATION BY THE GOVERNOR OF AN ENER-
 GY OR FUEL SUPPLY EMERGENCY PURSUANT TO SECTION 5-117 OF  THIS  CHAPTER,
 EACH  MAJOR PETROLEUM SUPPLIER SHALL FILE A REPORT WITH THE AUTHORITY AT
 LEAST DAILY, CONTAINING SUCH INFORMATION AND IN SUCH FORM AS  PRESCRIBED
 BY  THE  AUTHORITY,  INCLUDING,  BUT  NOT  LIMITED TO, PETROLEUM PRODUCT
 INVENTORIES; OPERATIONAL STATUS; STATUS OF ACCESS TO THE  FACILITY;  AND
 FACILITY OPERATIONS CHANGES FROM THE INFORMATION PROVIDED IN THE SUPPLI-
 ER'S  MOST  RECENT  REPORT. IN ADDITION, IN THE EVENT OF SUCH EMERGENCY,
 THE SUPPLIER SHALL BE AVAILABLE TO IMMEDIATELY RESPOND TO INQUIRIES FROM
 THE AUTHORITY BY E-MAIL AND/OR TELEPHONE AT THE E-MAIL ADDRESS OR  TELE-
 PHONE NUMBER PROVIDED IN ITS REGISTRATION STATEMENT.
   (B) IN THE EVENT OF A DECLARATION BY THE GOVERNOR OF AN ENERGY OR FUEL
 SUPPLY  EMERGENCY PURSUANT TO SECTION 5-117 OF THIS CHAPTER, EACH PETRO-
 LEUM PRODUCT PIPELINE OPERATOR SHALL FILE A REPORT WITH THE AUTHORITY AT
 LEAST DAILY, CONTAINING SUCH INFORMATION AND IN SUCH FORM AS  PRESCRIBED
 BY  THE  AUTHORITY,  INCLUDING, BUT NOT LIMITED TO, PIPELINE OPERATIONAL
 STATUS AND PRODUCT CURRENTLY BEING TRANSPORTED.
   5. WINTER SEASONAL REPORTING REQUIREMENTS. (A) BEGINNING IN TWO  THOU-
 SAND  TWENTY-FOUR  AND  CONTINUING  DURING THE PRESCRIBED TIME PERIOD OF
 EACH YEAR THEREAFTER, EACH MAJOR PETROLEUM SUPPLIER AND EACH RETAIL  OIL
 PROVIDER  SHALL  PROVIDE  THE  AUTHORITY  WITH A WEEKLY REPORT DETAILING
 WINTER FUELS AVAILABILITY AND SUPPLY TRACKING, IN A FORM  PRESCRIBED  BY
 THE  AUTHORITY,  BEGINNING  ON  THE  FIRST CALENDAR DAY OF SEPTEMBER AND
 LASTING THROUGH THE LAST CALENDAR DAY OF MARCH OF  THE  FOLLOWING  YEAR.
 SUPPLIERS  AND  PROVIDERS WILL PROVIDE REPORTING INFORMATION RELEVANT TO
 SUBDIVISION ONE OF THIS SECTION.
   (B) THE INFORMATION  PROVIDED  TO  THE  AUTHORITY  DURING  THE  WEEKLY
 REPORTING  PERIOD  DESCRIBED  ABOVE  WILL INCLUDE BUT IS NOT LIMITED TO,
 PETROLEUM PRODUCT TYPES AND QUANTITIES RECEIVED  AND  DISTRIBUTED;  FUEL
 VOLUMES  DELIVERED OR DISTRIBUTED SPECIFIC TO FUEL TYPE, ORIGINATION AND
 DELIVERY  POINTS,  AND  MODE  OF  TRANSPORTATION;  OPERATIONAL   STATUS;
 PROJECTED  FUEL  SUPPLY AVAILABILITY AND CONCERNS THROUGH WINTER CURRENT
 INVENTORY; AND FACILITY CHANGES FROM THE  INFORMATION  PROVIDED  IN  THE
 MOST  RECENT  QUARTERLY  REPORT.  INFORMATION WILL BE OBTAINED REGARDING
 READINESS OF THE FUEL SUPPLY FOR WINTER AND SUPPLIERS  WILL  NOTIFY  THE
 AUTHORITY OF ANY CONCERNS DURING THE REPORTING PERIOD.
 A. 10203                            4
 
   §  13-103.  RULES  AND  REGULATIONS. THE AUTHORITY MAY PROMULGATE SUCH
 RULES AND REGULATIONS AS IT DEEMS NECESSARY OR CONVENIENT TO  CARRY  OUT
 THE PURPOSES OF THIS ARTICLE.
   §  13-104. CONFIDENTIALITY. EXCEPT AS OTHERWISE AUTHORIZED OR REQUIRED
 BY STATE OR FEDERAL STATUTE OR REGULATION, INFORMATION SUBMITTED TO  THE
 AUTHORITY  PURSUANT  TO  THIS  ARTICLE  SHALL  BE EXEMPT FROM DISCLOSURE
 PURSUANT TO PARAGRAPH (D) OF SUBDIVISION TWO OF SECTION EIGHTY-SEVEN  OF
 THE  PUBLIC  OFFICERS  LAW  SINCE  SUCH  INFORMATION  IS A TRADE SECRET,
 PROVIDED, HOWEVER, THAT SUCH INFORMATION MAY BE MADE  AVAILABLE  TO  ANY
 NEW  YORK STATE ENTITY AS MAY BE DEEMED NECESSARY AND APPROPRIATE BY THE
 PRESIDENT OF THE AUTHORITY, WHICH ENTITY SHALL PROVIDE  AT  LEAST  EQUAL
 PROTECTIONS TO SUCH INFORMATION.
   §  13-105.  VIOLATIONS.  1.  ANY PERSON WHO VIOLATES SECTION 13-102 OF
 THIS ARTICLE OR ANY RULE, REGULATION OR ORDER  ISSUED  PURSUANT  THERETO
 SHALL  BE  LIABLE  TO  THE PEOPLE OF THE STATE FOR A CIVIL PENALTY IN AN
 AMOUNT OF NOT MORE THAN TEN THOUSAND DOLLARS FOR EVERY  SUCH  VIOLATION,
 PER DAY.
   2.  THE  PENALTY  PROVIDED IN SUBDIVISION ONE OF THIS SECTION SHALL BE
 RECOVERED IN AN ACTION OR SPECIAL PROCEEDING  BROUGHT  BY  THE  ATTORNEY
 GENERAL AT THE REQUEST AND IN THE NAME OF THE PRESIDENT OF THE AUTHORITY
 IN ANY COURT OF COMPETENT JURISDICTION.
   3.  ALTERNATIVELY,  OR  IN  ADDITION  TO  THE  ACTION OR PROCEEDING TO
 RECOVER THE CIVIL PENALTY PROVIDED IN SUBDIVISION ONE OF  THIS  SECTION,
 THE  ATTORNEY GENERAL, UPON THE REQUEST OF THE PRESIDENT OF THE AUTHORI-
 TY, MAY INSTITUTE AN ACTION OR PROCEEDING TO ENJOIN ANY VIOLATION OF  OR
 TO  ENFORCE  ANY  PROVISION  OF  THIS ARTICLE OR ANY RULE, REGULATION OR
 ORDER ISSUED PURSUANT THERETO.
   4. ANY ACTION OR PROCEEDING COMMENCED TO  RECOVER  A  PENALTY  MAY  BE
 SETTLED  OR DISCONTINUED BY THE ATTORNEY GENERAL WITH THE CONSENT OF THE
 PRESIDENT OF THE AUTHORITY. ANY  FEES,  PENALTIES  OR  SETTLEMENT  FUNDS
 SHALL  BE DEPOSITED IN A SEGREGATED ACCOUNT PURSUANT TO SECTION EIGHTEEN
 HUNDRED FIFTY-NINE OF THE PUBLIC AUTHORITIES LAW TO BE USED FOR ADMINIS-
 TRATION AND OPERATIONS TO SUPPORT CARRYING OUT THIS SECTION.
   § 2. This act shall take effect immediately.