Assembly Bill A8617

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8617
 
                           I N  A S S E M B L Y
 
                             January 12, 2024
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred 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  SHALL  PROVIDE
 ADVANCE  NOTICE  TO  THE  COMMISSIONER  AS PROVIDED IN THIS SECTION. THE
 ADVANCE NOTICE SHALL, 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
 SHALL 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 SHALL NOT BE 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  SHALL  POST  INFORMATION  COLLECTED  UNDER THIS
 SECTION ON A QUARTERLY BASIS  ON  THE  DEPARTMENT'S  INTERNET  WEB  SITE
 PROVIDED  THAT  SUCH  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 TRANSPORT, NUMBER OF  RAILROAD  CARS  DELIVERING  CRUDE
 OIL, AND NUMBER AND VOLUME OF SPILLS DURING TRANSPORT AND DELIVERY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13658-01-3
              

 A. 8617                             2
 
   4. A FACILITY PROVIDING ADVANCE NOTICE UNDER THIS SECTION SHALL NOT BE
 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 SHALL 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.