S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7557
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               June 6, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   reduction of air pollution from petroleum bulk storage facilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 17-1016 of the environmental conservation  law,  as
 added by chapter 505 of the laws of 2021, is amended to read as follows:
 § 17-1016. Reduction of air pollution from petroleum bulk storage facil-
                ities.
   1.  For  purposes  of  this  section,  the  terms below shall have the
 following meaning:
   a. "Shell color" shall mean [the color and shade  combination  of  the
 paint]  ANY COATING on the sides or shell of a tank, WHICH REDUCES VOLA-
 TILE EMISSIONS.
   b. "Roof color" shall mean [the color and  shade  combination  of  the
 paint]  ANY  COATING on the roof of a tank, WHICH REDUCES VOLATILE EMIS-
 SIONS.
   c. "Tank" shall have the meaning set forth in section 17-1003 of  this
 title  except  that  for purposes of this section "tank" means an above-
 ground tank, UNLESS THE DEPARTMENT DETERMINES THE TANK TO  BE  OTHERWISE
 SUFFICIENTLY  PROTECTED  AGAINST  VOLATILIZATION,  and  does not include
 associated pipes, lines, fixtures or other ancillary equipment.
   2. Tank coloring. a.  No  person  shall  own  or  operate  a  facility
 containing  a  tank  that  does  not meet the color requirements of this
 subdivision. Such color requirements shall apply  to  every  tank  at  a
 facility regardless of whether the tank is in active use for storage.
   b.  A tank shall have a shell color and roof color [of either white or
 beige/cream], WHICH LIMITS  VOLATILE  EMISSIONS  AS  DETERMINED  BY  THE
 DEPARTMENT.
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11750-01-3
 S. 7557                             2
              
             
                          
                 
   §  2.  This  act  shall take effect January 1, 2025, provided however,
 that if chapter 505 of the laws of 2021 shall not have taken  effect  on
 or  before  such  date then section one of this act shall take effect on
 the same date and in the same manner as such  chapter  of  the  laws  of
 2021, takes effect.