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A08617 Summary:

Add §174-c, Nav L
Requires the owner or operator of a major facility to provide notice of crude oil shipments by railroad to major facilities.
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A08617 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                    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:

     1    Section 1. The navigation law is amended by adding a new section 174-c
     2  to read as follows:
     3    § 174-c. Notice of crude oil shipments to major facilities. 1. A major
     4  facility that receives crude oil  from  a  railroad  car  shall  provide
     5  advance  notice  to  the  commissioner  as provided in this section. The
     6  advance notice shall, at a minimum, include the route to be taken to the
     7  facility within the state, if known, and the scheduled  time,  location,
     8  volume,  region per bill of lading, and gravity as measured by standards
     9  developed by the American petroleum institute, of  crude  oil  received.
    10  Each  week,  a  facility that provides advance notice under this section
    11  shall provide the required information regarding the  scheduled  arrival
    12  of  railroad  cars  carrying crude oil to be received by the facility in
    13  the succeeding seven-day period in a manner specified by the department.
    14  A major facility shall not be required to provide  advance  notice  when
    15  there  is  no  receipt  of crude oil from a railroad car scheduled for a
    16  seven-day period.
    17    2. The commissioner shall share information provided by a major facil-
    18  ity with the state emergency management office and shall provide  infor-
    19  mation to any municipal emergency response agency upon request.
    20    3.  The  commissioner  shall  post  information  collected  under this
    21  section on a quarterly basis  on  the  department's  internet  web  site
    22  provided  that  such  information  published  by the commissioner may be
    23  aggregated on a statewide basis by route through the state, by week, and
    24  by type of crude oil. The report  may  also  include  other  information
    25  available  to  the  department  including,  but not limited to, place of
    26  origin, modes of transport, number of  railroad  cars  delivering  crude
    27  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.

        A. 8617                             2
     1    4. A facility providing advance notice under this section shall not be
     2  responsible  for  meeting  advance  notice  timeframe requirements under
     3  subdivision one of this section  in  the  event  that  the  schedule  of
     4  arrivals  of railroad cars carrying crude oil changes during a seven-day
     5  period;  provided,  however  that any such arrivals shall be included in
     6  the following week's notice.
     7    § 2. This act shall take effect on the ninetieth day  after  it  shall
     8  have become a law.
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