Bill Text: NY A05022 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the transportation law, in relation to voluntary re-routing of hazardous cargoes by railroad carriers
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-06 - referred to transportation [A05022 Detail]
Download: New_York-2009-A05022-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5022
2009-2010 Regular Sessions
I N A S S E M B L Y
February 10, 2009
___________
Introduced by M. of A. ALESSI -- read once and referred to the Committee
on Transportation
AN ACT to amend the transportation law, in relation to voluntary
re-routing of hazardous cargoes by railroad carriers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 14-f of the transportation law is amended by adding
2 a new subdivision 7 to read as follows:
3 7. (A) THE COMMISSIONER SHALL APPOINT A TASK FORCE ON RAILROAD ROUTING
4 OF SECURITY SENSITIVE CARGOES. THE TASK FORCE SHALL CONSIST OF FIVE
5 MEMBERS, APPOINTED BY THE GOVERNOR AND CONFIRMED BY THE SENATE, ONE EACH
6 TO BE RECOMMENDED BY THE GOVERNOR, SPEAKER OF THE ASSEMBLY, THE TEMPO-
7 RARY PRESIDENT OF THE SENATE, AND THE MINORITY LEADERS OF THE ASSEMBLY
8 AND SENATE WHO SHALL BE REPRESENTATIVE OF THE RAIL INDUSTRY, THE STATE
9 TRANSPORTATION DEPARTMENT, STATE HOMELAND SECURITY AND LOCAL GOVERNMENT.
10 THE TASK FORCE SHALL BE CHARGED WITH DEVELOPING OPTIMAL DESIGNATION OF
11 SAFE AND SECURE ROUTING AND STORAGE OF HAZARDOUS MATERIALS, AS DEFINED
12 IN SUBDIVISION ONE OF THIS SECTION, BY RAIL CARRIERS IN THIS STATE. THE
13 TASK FORCE SHALL STUDY PAST, CURRENT AND POSSIBLE FUTURE PATTERNS OF
14 RAIL TRANSPORTATION OF HAZARDOUS MATERIALS THROUGH THE STATE INCLUDING
15 INTERCHANGES BETWEEN CARRIERS.
16 (B) THE TASK FORCE SHALL, AS SOON AS POSSIBLE, NEGOTIATE VOLUNTARY
17 AGREEMENTS WITH CARRIERS FOR DAILY, AS WELL AS FOR SPECIAL SECURITY
18 EVENTS, ALTERNATIVE ROUTING, WHEREVER POSSIBLE, TO ELIMINATE OR REDUCE
19 THE SAFETY AND SECURITY RISKS OF TRANSPORTATION OF HAZARDOUS MATERIALS.
20 THE TASK FORCE SHALL PREPARE AND TRANSMIT TO THE GOVERNOR AND THE LEGIS-
21 LATURE A REPORT ON THE PROGRESS AND STATUS OF THE DEVELOPMENT OF THE
22 OPTIMAL DESIGNATION OF SAFE AND SECURE ROUTING AND STORAGE OF HAZARDOUS
23 MATERIALS.
24 (C) THE TASK FORCE SHALL HIRE AN INDEPENDENT CONSULTANT TO ASSIST IN
25 DEVELOPING AN ASSESSMENT TOOL FOR WEIGHTING THE COMPARATIVE SAFETY AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08144-01-9
A. 5022 2
1 SECURITY RISKS OF EXISTING AND ALTERNATIVE PATTERNS OF ROUTING AND STOR-
2 AGE OF HAZARDOUS MATERIALS. THIS ASSESSMENT TOOL SHALL PLACE CENTRAL
3 WEIGHT ON THE POTENTIAL WORST CASE DISASTER CONSEQUENCES IN HIGH-CONSE-
4 QUENCE AREAS FROM EITHER ACCIDENTAL OR TERRORISM-CAUSED RELEASE OF ONE
5 OR MORE CARGOES OF HAZARDOUS MATERIALS. THE TASK FORCE SHALL CONSULT
6 WITH EXPERTS IN THE FIELD OF "DISASTER AVOIDANCE ROUTING" IN CONSIDERING
7 APPROPRIATE WEIGHTS FOR ACCIDENT PROBABILITIES AND CONSEQUENCES. THE
8 TASK FORCE SHALL APPLY THIS TOOL IN THE MAJOR HIGH-CONSEQUENCE URBAN
9 AREAS OF THE STATE, MAKE IT AVAILABLE FOR USE BY ALL LOCAL GOVERNMENTS,
10 AND ISSUE URBAN-AREA SPECIFIC REPORTS ON THE RESULTS.
11 (D) "HIGH-CONSEQUENCE AREAS" SHALL BE DEFINED AS THE HIGH THREAT URBAN
12 AREAS IN THE STATE WHICH HAVE SINCE SEPTEMBER ELEVENTH, TWO THOUSAND ONE
13 RECEIVED FUNDING UNDER THE FEDERAL URBAN AREAS SECURITY INITIATIVE
14 PROGRAM BY THE U.S. DEPARTMENT OF HOMELAND SECURITY, ALONG WITH ANY
15 ADDITIONAL AREAS DESIGNATED BY THE DEPARTMENT.
16 (E) THE TASK FORCE SHALL PREPARE A SUMMARY REPORT ON THE MAJOR COSTS
17 AND BENEFITS OF RE-ROUTING OF THE COVERED MATERIALS TO AVOID MAJOR URBAN
18 HIGH-CONSEQUENCE AREAS.
19 (F)(I) THE TASK FORCE SHALL MEET WITH THE APPROPRIATE SHIPPERS AND
20 CARRIERS TO DISCUSS POTENTIALS FOR MARKET SWAPS THAT CAN GREATLY SHORTEN
21 THE DISTANCES OVER WHICH COVERED HAZARDOUS MATERIALS ARE TRANSPORTED. IF
22 NECESSARY AND APPROPRIATE, THE TASK FORCE SHALL SEEK WAIVERS OF OR
23 AMENDMENTS TO FEDERAL ANTI-TRUST PROVISIONS AND/OR TO ANY PROVISIONS OF
24 STATE LAW THAT MIGHT PREVENT SUCH RISK-REDUCTION ARRANGEMENTS.
25 (II) THE TASK FORCE SHALL ASSESS THE ADEQUACY OF THE ACCIDENT AND
26 TERRORISM INSURANCE COVERAGE OF THE SHIPPERS AND CARRIERS OF
27 SECURITY-SENSITIVE CARGOES IN THE STATE.
28 (III) THE TASK FORCE SHALL MAKE RECOMMENDATIONS ON HOW TO PROVIDE FOR
29 APPROPRIATE STATE AND LOCAL GOVERNMENT AGENCIES' ACCESS TO AVAILABLE
30 TRACKING MECHANISMS FOR COVERED HAZARDOUS CARGOES, AND FOR ENHANCED
31 ACCESS TO SUCH INFORMATION DURING TIMES OF EMERGENCY OR SECURITY THREAT.
32 (IV) THE TASK FORCE SHALL MAKE RECOMMENDATIONS ON THE STATE AGENCY
33 CAPABILITIES NEEDED ON AN ONGOING BASIS TO MONITOR THE TRANSPORTATION OF
34 SECURITY-SENSITIVE CARGOES AND TO REDUCE OVER TIME THE OVERALL RISKS OF
35 THESE, INCLUDING, AS APPROPRIATE, RECOMMENDATIONS FOR SUBSTITUTION OF
36 SAFER CHEMICALS IN FACILITIES.
37 (V) THE TASK FORCE SHALL ENGAGE THE PUBLIC IN A PROCESS OF PUBLIC
38 EDUCATION CONCERNING THE GENERAL RISKS OF SECURITY-SENSITIVE CARGOES, SO
39 THE PUBLIC CAN ASSIST, USING ALREADY AVAILABLE INFORMATION TOOLS, IN
40 MONITORING TRANSPORTATION SECURITY RISKS AND IN PRESSING FOR RISK
41 REDUCTIONS. SUCH PUBLIC EDUCATION SHALL INCLUDE, BUT NOT BE LIMITED TO
42 A SERIES OF STATE-WIDE PUBLIC HEARINGS.
43 S 2. This act shall take effect immediately.
