New York State Assembly

 
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A04928 Summary:

A04928 Actions:

A04928 Committee Votes:

Committee:ENVIRONMENTAL CONSERVATION   Chair:Glick      
DATE:04/18/2023AYE/NAY:30/0  Action: Favorable         
Glick
Aye
Simpson
Aye
Colton
Aye
Smullen
Aye
O'Donnell
Aye
Tague
Aye
Gunther
Aye
Manktelow
Aye
Thiele
Aye
Brown
Aye
Fahy
Aye
Durso
Aye
Otis
Aye
Lemondes
Aye
Williams
Aye
Giglio
Aye
Barrett
Aye
Flood
Aye
Carroll
Aye
Burke
Aye
Epstein
Aye
McMahon
Aye
Burdick
Aye
Lunsford
Aye
Kelles
Aye
Gonzalez-Rojas
Aye
Septimo
Aye
Lee
Aye
Levenberg
Aye
Simone
Aye

A04928 Floor Votes:

A04928 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A4928
 
SPONSOR: Rajkumar

 
TITLE OF BILL:
 
An act to amend the environmental conservation law, in relation to
covering putrescible and non-putrescible waste transported by rail
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
This bill is designed to ensure that waste that is transferred by rail
in New York State is properly contained in a manner not inconsistent
with Federal Railroad.  Administration regulations in order to prevent
leakage and spillage along the tracks.
 
 
SUMMARY OF PROVISIONS:
 
This bill amends subdivision 2 of section 27-0712 of the environmental
conservation law, as added by chapter 402 of the laws of 1989.
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
 
Click here to enter text.
 
 
JUSTIFICATION:
 
As the trucking of garbage continues to be phased out and replaced by
waste transport via rail, there is a crucial need to protect the resi-
dential communities adjacent to the tracks. Often, waste is either
completely or partially uncovered, emits odors, and leaks or spills on
the tracks. This poses not only a health concern for residents, but has
larger environmental consequences as well.
 
The New York State Department of Environmental Conservation has the
ability to permit and regulate waste transfer stations in the state of
New York. Requiring waste cars to be covered before exiting the transfer
station will alleviate the odor and leaking problems as the trains
continue down the lines to their destination. This bill requires that
rail cars hauling putrescible waste be sealed with hard lids, and that
rail cars hauling non-putrescible waste be covered with hard tarping
before exiting a waste transfer station. Only those rail cars hauling
putrescible waste and emitting odors shall be sealed with hard lids.
 
 
PRIOR LEGISLATIVE HISTORY:
 
2019-2020: A3269 referred to environmental conservation
 
2017-2018: A5809 A3269 referred to environmental conservation
 
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
 
None to the state.
 
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law.

A04928 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4928
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 27, 2023
                                       ___________
 
        Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
          tee on Environmental Conservation
 
        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          covering putrescible and non-putrescible waste transported by rail
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  2  of  section  27-0712 of the environmental
     2  conservation law, as added by chapter  402  of  the  laws  of  1989,  is
     3  amended to read as follows:
     4    2. A municipality or any individual, firm or corporation acting on its
     5  behalf  or  any other individual, firm or corporation shall not cause or
     6  permit any solid waste to be transported on any vehicle, barge, ship, or
     7  scow unless the solid waste on the vehicle,  barge,  ship,  or  scow  is
     8  covered  provided,  however,  that putrescible waste transported by rail
     9  shall be covered with sealing hard lids in  a  manner  not  inconsistent
    10  with  Federal  Railroad  Administration regulations, and non-putrescible
    11  waste shipped by rail  shall  be  covered  with  hard  tarping  securely
    12  fastened over the load, which shall not exceed the height of the side of
    13  the  rail  container, in a manner not inconsistent with Federal Railroad
    14  Administration regulations.
    15    § 2. This act shall take effect on the ninetieth day  after  it  shall
    16  have become a law.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04339-01-3

A04928 LFIN:

 
NO LFIN

A04928 Chamber Video/Transcript: