NY State Senate Bill 2011-S5444

Senate Bill S5444

Vetoed By Governor

2011-2012 Legislative Session

Provides reimbursement to fire companies for costs associated with responding to spills of hazardous materials

download bill text pdf

Archive: Last Bill Status Via A7672 - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 23, 2011	tabled vetoed memo.66
Sep 12, 2011	delivered to governor
Jun 21, 2011	returned to assembly passed senate 3rd reading cal.1048 substituted for s5444
Jun 21, 2011	substituted by a7672
Jun 14, 2011	advanced to third reading
Jun 13, 2011	2nd report cal.
Jun 07, 2011	1st report cal.1048
May 23, 2011	referred to environmental conservation

Votes

- Jun 21, 2011 - Floor Vote
  A7672
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 21, 2011
      
      aye (62)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
  Jun 7, 2011 - Environmental Conservation Committee Vote
  S5444
  
  13
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: Jun 7, 2011
      
      aye (13)
      
      Avella
      
      Espaillat
      
      Grisanti
      
      Johnson
      
      LaValle
      
      Marcellino
      
      Maziarz
      
      O'Mara
      
      Oppenheimer
      
      Perkins
      
      Serrano
      
      Stewart-Cousins
      
      Young
      
      aye wr (1)
      
      Little

2011-S5444 (ACTIVE) - Details

See Assembly Version of this Bill:: A7672
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §27-0901, add §27-0927, En Con L
Versions Introduced in 2009-2010 Legislative Session:: S5113, A2692

2011-S5444 (ACTIVE) - Summary

Provides reimbursement by the transporter of hazardous materials to fire companies for costs associated with responding to spills of hazardous materials; provides that the state fire administrator shall develop and make reimbursement forms to enable a fire company to bill a transporter of hazardous materials for costs incurred in responding to a release or threatened release of hazardous materials.

2011-S5444 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5444

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to providing
reimbursement to fire companies for costs associated with responding to
releases of hazardous materials

PURPOSE OR GENERAL IDEA OF BILL:
This bill would allow municipalities or fire districts who contract
with, or control, fire companies to bill transportation companies for
reimbursement when they have incurred costs in responding to
hazardous material spills.

SUMMARY OF PROVISIONS:
Section One defines a fire company as defined in §100(2) of the
General Municipal Law.

Section Two amends the Environmental Conservation Law so that a
municipal corporation or fire district who contracts with or controls
a fire company is entitled to seek reimbursement by providing for a
cause of action when they respond to any incident that involves a
release, real or threatened, of hazardous materials. Reimbursement
shall be limited to expendable materials in the response, and be
limited to $10,000.
The state fire administrator is directed to adopt rules and

regulations to implement the provisions of this section and to make
available to the municipal corporation or fire district reimbursement
forms. The state fire administrator shall have thirty days to approve
or deny a request for reimbursement. If approved, the municipal
corporation or fire district to whom reimbursement has been approved,
shall have a cause of action to recover unpaid monies to which they
are entitled.

JUSTIFICATION:
Many small municipal and volunteer fire companies accumulate
significant costs in responding to hazardous material spills. Under
current law, municipal corporations or fire districts who contract
with control fire companies do not have the authority to bill
hazardous material transporters for their spill response cost. This
legislation gives a municipal corporation or fire district a cause of
action to recover their costs, up to a specified limit, when they
respond to a spill of hazardous materials.

LEGISLATIVE HISTORY:
2009-10: S.5113/A.2692A   - Passed both houses; vetoed
6745
2007-08: S.3834A/A.7332A  - Remained in Senate Environmental Conservation
Committee; Passed Assembly
2005-06: S.891E/A.7279D   - Died in Rules; Passed Assembly
2004:    S.7030A/A.11207A - Died in Rules

FISCAL IMPLICATIONS:
None to the state. Benefits municipal corporations and fire districts
by allowing them to recover costs associated with hazardous spill
responses.


EFFECTIVE DATE:
This act shall take effect immediately.

2011-S5444 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5444

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 23, 2011
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  providing  reimbursement  to  fire companies for costs associated with
  responding to releases of hazardous materials

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  27-0901 of the environmental conservation law is
amended by adding a new subdivision 16 to read as follows:
  16. "FIRE COMPANY" MEANS A FIRE COMPANY AS DEFINED IN SUBDIVISION  TWO
OF SECTION ONE HUNDRED OF THE GENERAL MUNICIPAL LAW.
  S  2.  The  environmental  conservation law is amended by adding a new
section 27-0927 to read as follows:
S 27-0927. HAZARDOUS MATERIALS RELEASE RESPONSE COSTS.
  1. ANY MUNICIPAL CORPORATION OR FIRE DISTRICT WHICH CONTRACTS WITH  OR
CONTROLS  A  FIRE  COMPANY  SHALL BE ENTITLED TO REIMBURSEMENT FOR COSTS
ASSOCIATED WITH THE RESPONSE  OF  SUCH  FIRE  COMPANY  TO  ANY  INCIDENT
INVOLVING  THE RELEASE OR THREATENED RELEASE OF HAZARDOUS MATERIALS BY A
TRANSPORTER OF HAZARDOUS MATERIALS AFTER  APPROVAL  BY  THE  STATE  FIRE
ADMINISTRATOR.    REIMBURSEMENT SHALL BE LIMITED TO EXPENDABLE MATERIALS
USED IN THE RESPONSE AND BE LIMITED TO TEN THOUSAND  DOLLARS  PER  INCI-
DENT;  PROVIDED, HOWEVER, THAT SUCH REIMBURSEMENT SHALL NOT BE CONSTRUED
TO LIMIT ANY REIMBURSEMENT THAT MAY BE AVAILABLE PURSUANT TO SECTION ONE
HUNDRED EIGHTY-ONE OF THE NAVIGATION LAW.   EXPENDABLE  MATERIALS  SHALL
INCLUDE,  BUT  NOT  BE  LIMITED  TO,  FOAMS  AND GELS USED TO ABSORB THE
HAZARDOUS MATERIALS RELEASED, THE REPLACEMENT OR CLEANING OF  PROTECTIVE
CLOTHING  USED  IN  RESPONDING  TO  THE INCIDENT, AND THE REPLACEMENT OR
CLEANING OF STORAGE CONTAINERS, DETECTION SUPPLIES AND  OTHER  EQUIPMENT
USED  IN  RESPONDING  TO  THE  INCIDENT;  PROVIDED  HOWEVER,  THAT  SUCH
REIMBURSEMENT SHALL NOT INCLUDE THE COSTS  OF  PERSONNEL,  VEHICLES,  OR
OTHER  DURABLE  EQUIPMENT  USED  IN  RESPONSE  TO  THE  INCIDENT.   SUCH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02874-02-1

S. 5444                             2

REIMBURSEMENT SHALL BE MADE DIRECTLY FROM SUCH TRANSPORTER OF  HAZARDOUS
MATERIALS  TO  THE MUNICIPAL CORPORATION OR FIRE DISTRICT THAT CONTRACTS
WITH OR CONTROLS SUCH FIRE COMPANY AND THE MUNICIPAL CORPORATION OR FIRE
DISTRICT  THAT  CONTRACTS  WITH  OR CONTROLS SUCH FIRE COMPANY IS HEREBY
AUTHORIZED TO BILL SUCH TRANSPORTER  OF  HAZARDOUS  MATERIALS  FOR  SUCH
COSTS.  FOR  PURPOSES  OF  THIS  SECTION, THE TERM "HAZARDOUS MATERIALS"
SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION ONE  OF  SECTION
FOURTEEN-F OF THE TRANSPORTATION LAW.  FOR PURPOSES OF THIS SECTION, THE
TERM  "TRANSPORTER"  SHALL  NOT INCLUDE RAILROADS AS DEFINED IN SUBDIVI-
SIONS TWENTY-FOUR, TWENTY-FIVE AND TWENTY-NINE OF  SECTION  TWO  OF  THE
TRANSPORTATION LAW.
  2.  THE  STATE FIRE ADMINISTRATOR SHALL ADOPT RULES AND REGULATIONS TO
IMPLEMENT THE PROVISIONS OF THIS SECTION AND DEVELOP AND MAKE  AVAILABLE
REIMBURSEMENT  FORMS  TO ENABLE A MUNICIPAL CORPORATION OR FIRE DISTRICT
THAT CONTRACTS WITH OR CONTROLS A FIRE COMPANY TO BILL A TRANSPORTER  OF
HAZARDOUS  MATERIALS  FOR  COSTS  INCURRED IN RESPONDING TO A RELEASE OR
THREATENED RELEASE OF HAZARDOUS MATERIALS.   THE FIRE COMPANIES  OF  THE
STATE  SHALL  BE PROVIDED ACCESS TO THE FORMS.  PRIOR TO SUBMITTING SUCH
FORM TO A TRANSPORTER FOR REIMBURSEMENT OF SUCH COSTS INCURRED, A MUNIC-
IPAL CORPORATION OR FIRE DISTRICT THAT CONTRACTS WITH OR CONTROLS A FIRE
COMPANY SHALL SUBMIT SUCH FORM TO  THE  STATE  FIRE  ADMINISTRATOR,  WHO
SHALL  APPROVE  OR  DENY SUCH REQUEST FOR REIMBURSEMENT AUTHORITY WITHIN
THIRTY DAYS OF RECEIPT OF THE REQUEST. A MUNICIPAL CORPORATION  OR  FIRE
DISTRICT  THAT  CONTRACTS  WITH  OR  CONTROLS  A  FIRE  COMPANY MAY SEEK
REIMBURSEMENT FROM A TRANSPORTER ONLY AFTER THE STATE FIRE ADMINISTRATOR
HAS APPROVED SUCH REQUEST FOR REIMBURSEMENT.
  3. ONCE THE STATE FIRE ADMINISTRATOR  HAS  APPROVED  THE  REQUEST  FOR
REIMBURSEMENT,   THE   MUNICIPAL  CORPORATION  OR  FIRE  DISTRICT  WHICH
CONTRACTS WITH OR CONTROLS THE FIRE COMPANY SHALL HAVE A CAUSE OF ACTION
TO RECOVER UNPAID MONIES TO WHICH THEY ARE  ENTITLED  UNDER  SUBDIVISION
ONE  OF THIS SECTION.  RECOVERY OF UNPAID MONIES UNDER A CAUSE OF ACTION
BROUGHT UNDER THIS SECTION SHALL BE LIMITED TO THE AMOUNT SET  FORTH  IN
SUBDIVISION  ONE OF THIS SECTION.  THE REIMBURSEMENT AUTHORITY AND CAUSE
OF ACTION SHALL BE THE EXCLUSIVE ENFORCEMENT  REMEDIES  AVAILABLE  UNDER
THIS SECTION.
  S 3. This act shall take effect immediately.

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