Bill Text: NY A03837 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the navigation law, in relation to the detection of petroleum discharges

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2010-05-24 - REFERRED TO ENVIRONMENTAL CONSERVATION [A03837 Detail]

Download: New_York-2009-A03837-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3837
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 28, 2009
                                      ___________
       Introduced by M. of A. LENTOL -- read once and referred to the Committee
         on Environmental Conservation
       AN  ACT  to  amend  the  navigation law, in relation to the detection of
         petroleum discharges
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  3  of  section 174 of the navigation law, as
    2  amended by chapter 35 of the  laws  of  1985,  is  amended  to  read  as
    3  follows:
    4    3.  As a condition precedent to the issuance or [renewel] RENEWAL of a
    5  license, the department  OF  ENVIRONMENTAL  CONSERVATION  shall  require
    6  satisfactory  evidence  that  the applicant has implemented or is in the
    7  process of implementing state and  federal  plans  and  regulations  for
    8  control  AND  PROMPT  DETECTION  of  discharges  of  petroleum,  and the
    9  containment and removal thereof when a discharge occurs.
   10    S 2. Subdivision 9 of section 174 of the navigation law is amended  by
   11  adding a new paragraph (e) to read as follows:
   12    (E)  THE  EQUIPMENT USED AT THE FACILITY TO PROMPTLY DETECT DISCHARGES
   13  OF PETROLEUM.
   14    S 3. Section 174 of the navigation law is amended by  adding  two  new
   15  subdivisions 12 and 13 to read as follows:
   16    12.  WITHIN  ONE YEAR OF THE EFFECTIVE DATE OF THIS SUBDIVISION, MAJOR
   17  FACILITIES MUST INSTALL  EQUIPMENT  TO  PROMPTLY  DETECT  DISCHARGES  OF
   18  PETROLEUM FROM A TANK AND ANY CONNECTED PIPELINES THAT ROUTINELY CONTAIN
   19  PETROLEUM.
   20    13.  AS  USED  IN  THIS SECTION, THE TERM "PROMPT DETECTION" MEANS THE
   21  DETECTION  OF  A  DISCHARGE  WITHIN  TWENTY-FOUR  HOURS,  OR  SOONER  AS
   22  PRESCRIBED  BY  THE  DEPARTMENT  OF ENVIRONMENTAL CONSERVATION, FROM THE
   23  ONSET OF SUCH DISCHARGE.
   24    S 4.  This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05877-01-9