S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5751
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     June 2, 2015
                                      ___________
       Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
         printed to be committed 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    S 174-C. NOTICE OF CRUDE OIL SHIPMENTS TO MAJOR FACILITIES. 1. A MAJOR
    4  FACILITY THAT RECEIVES CRUDE  OIL  FROM  A  RAILROAD  CAR  MUST  PROVIDE
    5  ADVANCE  NOTICE  TO  THE  COMMISSIONER  AS PROVIDED IN THIS SECTION. THE
    6  ADVANCE NOTICE MUST, 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  MUST PROVIDE THE REQUIRED INFORMATION REGARDING THE SCHEDULED ARRIVAL OF
   12  RAILROAD  CARS  CARRYING CRUDE OIL TO BE RECEIVED BY THE FACILITY IN THE
   13  SUCCEEDING SEVEN-DAY PERIOD IN A MANNER SPECIFIED BY THE DEPARTMENT.   A
   14  MAJOR  FACILITY  IS NOT REQUIRED TO PROVIDE ADVANCE NOTICE WHEN THERE IS
   15  NO RECEIPT OF CRUDE OIL FROM A RAILROAD CAR SCHEDULED  FOR  A  SEVEN-DAY
   16  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 MUST POST INFORMATION COLLECTED UNDER THIS SECTION
   21  ON A QUARTERLY BASIS ON THE DEPARTMENT'S INTERNET WEB SITE PROVIDED THAT
   22  THE INFORMATION PUBLISHED BY THE COMMISSIONER MAY  BE  AGGREGATED  ON  A
   23  STATEWIDE  BASIS  BY  ROUTE  THROUGH  THE STATE, BY WEEK, AND BY TYPE OF
   24  CRUDE OIL. THE REPORT MAY ALSO INCLUDE OTHER  INFORMATION  AVAILABLE  TO
   25  THE  DEPARTMENT INCLUDING, BUT NOT LIMITED TO, PLACE OF ORIGIN, MODES OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11295-03-5
       S. 5751                             2
    1  TRANSPORT, NUMBER OF RAILROAD CARS DELIVERING CRUDE OIL, AND NUMBER  AND
    2  VOLUME OF SPILLS DURING TRANSPORT AND DELIVERY.
    3    4.  A  FACILITY  PROVIDING  ADVANCE  NOTICE  UNDER THIS SECTION IS NOT
    4  RESPONSIBLE FOR MEETING  ADVANCE  NOTICE  TIMEFRAME  REQUIREMENTS  UNDER
    5  SUBDIVISION  ONE  OF  THIS  SECTION  IN  THE  EVENT THAT THE SCHEDULE OF
    6  ARRIVALS OF RAILROAD CARS CARRYING CRUDE OIL CHANGES DURING A  SEVEN-DAY
    7  PERIOD; PROVIDED, HOWEVER THAT ANY SUCH ARRIVALS MUST BE INCLUDED IN THE
    8  FOLLOWING WEEK'S NOTICE.
    9    S  2.  This  act shall take effect on the ninetieth day after it shall
   10  have become a law.