Requires owners and operators of petroleum bulk storage facilities located in cities of one million or more to undertake comprehensive accident prevention plans for the prevention of spills and leaks of petroleum; further requires such owners or operators to hire an independent company to quarterly audit the implementation of such plan.
TITLE OF BILL: An act to amend the environmental conservation law, in relation to comprehensive accident prevention planning by and auditing of petroleum bulk storage facilities in cities with a population of one million or more
SUMMARY: Owners and operators of petroleum bulk storage facilities, in cities with a population of one million or more persons, shall be required to undertake comprehensive accident prevention planning and shall hire an independent company to quarterly audit the implementation of the hazard control plan.
JUSTIFICATION: Over the years there have been several underground oil spills totalling a reported 17 million gallons discovered underground in New York State, as reported in January of 1989. Since that time there have been several additional spills.
In 1988 alone the DEC investigated 10,500 spills, a 400% increase since 1984. The danger to the environment from these spills is great, including water and air pollution.
Accident prevention planning would greatly reduce the likelihood of an oil spill.
PRIOR LEGISLATIVE HISTORY: A.11561/S.8151 of 1989-1990 A.4358/S.4024 of 1991-1992 A.2583/S.1518 of 1993-1994 A.724/S.559 of 1995-96 A.16/S.198 of 1997-98 A.262/S.575 of 1999-00 A.552/S.2692 of 2001-02 A.216 of 2003-04 A.2066 of 2005-06 A.1620 of 2007-2008 S.8253/A.3892 of 2009-2010
FISCAL IMPLICATION: None to the state.
EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after it shall have become a law, provided however, the commissioner of environmental conservation shall promulgate rules and regulations necessary to effectuate the provisions of this act prior to such date.
STATE OF NEW YORK ________________________________________________________________________ 84 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sen. SQUADRON -- 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 comprehensive accident prevention planning by and auditing of petrole- um bulk storage facilities in cities with a population of one million or more THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The environmental conservation law is amended by adding a new section 17-1006 to read as follows: S 17-1006. COMPREHENSIVE ACCIDENT PREVENTION IN CITIES WITH A POPULATION OF ONE MILLION OR MORE. EVERY OWNER OR OPERATOR OF A FACILITY, AS DEFINED IN SUBDIVISION ONE OF SECTION 17-1003 OF THIS TITLE, LOCATED WITHIN A CITY WITH A POPU- LATION OF ONE MILLION OR MORE SHALL UNDERTAKE COMPREHENSIVE ACCIDENT PREVENTION PLANNING FOR THE PREVENTION OF SPILLS AND LEAKS OF PETROLEUM, AND SHALL HIRE AN INDEPENDENT COMPANY TO AUDIT, ON A QUARTERLY BASIS, THE IMPLEMENTATION BY SUCH OWNER OR OPERATOR OF THE HAZARD CONTROL PLAN ADOPTED FOR SUCH FACILITY. S 2. This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective immediately the commissioner of environmental conservation may promulgate rules and regulations neces- sary to effectuate the provisions of this act prior to such effective date.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00446-01-1