Bill Text: NY A10163 | 2017-2018 | General Assembly | Introduced

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Bill Title: Removes the exemptions for railroads and railroad and shipping facilities from the phase-out of creosote.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2018-06-07 - reported referred to codes [A10163 Detail]

Download: New_York-2017-A10163-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
            S. 8053                                                 A. 10163
                SENATE - ASSEMBLY
                                     March 22, 2018
                                       ___________
        IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Environmental
          Conservation
        IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
          to the Committee on Environmental Conservation
        AN ACT to amend the environmental conservation law, in relation  to  the
          exemptions for railroads and railroad and railroad shipping facilities
          from the phase-out of creosote
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 27-2513 of the environmental conservation  law,  as
     2  added by chapter 172 of the laws of 2007, is amended to read as follows:
     3  § 27-2513. Exemptions.
     4    Notwithstanding  any  inconsistent  provision of law, this title shall
     5  not apply to:
     6    1. [railroads, as defined in subdivisions twenty-four and  twenty-nine
     7  of  section  two of the transportation law or within the scope of titles
     8  nine and eleven of article five of the public authorities law;
     9    2. the operation and/or maintenance of railroad and railroad  shipping
    10  facilities, including but not limited to the right of way, tracks, track
    11  sidings, team tracks and bridges;
    12    3.]  any  electric  corporation, as defined by subdivision thirteen of
    13  section two of the public service law, nor shall it apply to the  opera-
    14  tion, use, or maintenance of any new or existing utility pole or facili-
    15  ties  owned  or  used,  in whole or in part, by a telephone corporation,
    16  utility company, or cable television company, as defined by subdivisions
    17  seventeen and twenty-three of section two and subdivision one of section
    18  two hundred twelve of the public service law, respectively;
    19    [4.] 2. the use of  one  or  more  utility  poles  by  any  person  in
    20  connection  with  the  suspension  or  support of power, communications,
    21  utility wires, lines or cables and related equipment,  antennae,  light-
    22  ing,  signals,  electric  or  electronic devices or similar equipment or
    23  apparatus;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14184-01-8
        S. 8053                             2                           A. 10163
     1    [5.] 3. any public authority that owns and  operates  electric  trans-
     2  mission or distribution lines, a municipally owned electric utility or a
     3  rural electric cooperative, nor shall it apply to the operation, use, or
     4  maintenance  of  any new or existing utility pole or facilities owned or
     5  used,  in  whole  or  in part, by any such public authority, municipally
     6  owned electric utility, or rural electric cooperative; and
     7    [6.] 4. until January first, two thousand ten, any existing marina  or
     8  other  facility  for berthing and mooring of pleasure vessels, including
     9  rowboats and canoes, and the storage thereof, and any existing  facility
    10  that  services  pleasure  vessels other than an existing marina or other
    11  facility for berthing and mooring of pleasure vessels, or facility  that
    12  services  pleasure  vessels owned and/or operated by a municipal entity.
    13  For the purpose of this section, pleasure vessel  shall  have  the  same
    14  meaning  as  in  paragraph  (c) of subdivision six of section two of the
    15  navigation law.
    16    § 2. Severability clause. If any provision of this act or  application
    17  thereof  shall  for  any  reason  be  adjudged by any court of competent
    18  jurisdiction to be invalid, such judgment shall not affect,  impair,  or
    19  invalidate the remainder of the act, but shall be confined in its opera-
    20  tion  to  the  provision thereof directly involved in the controversy in
    21  which the judgment shall have been rendered.
    22    § 3. This act shall take effect immediately.