Bill Text: NY A07005 | 2019-2020 | General Assembly | Introduced
Bill Title: Removes the exemptions for railroads and railroad and shipping facilities from the phase-out of creosote.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2020-01-08 - referred to environmental conservation [A07005 Detail]
Download: New_York-2019-A07005-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ S. 4982 A. 7005 2019-2020 Regular Sessions SENATE - ASSEMBLY April 3, 2019 ___________ IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Environmental Conservation IN ASSEMBLY -- Introduced by M. of A. THIELE, STECK, GLICK, OTIS, L. ROSENTHAL, GALEF -- Multi-Sponsored by -- M. of A. EPSTEIN -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to the exemptions for railroads and railroad and railroad shipping facilities from the phase-out of creosote The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 27-2513 of the environmental conservation law, as 2 added by chapter 172 of the laws of 2007, is amended to read as follows: 3 § 27-2513. Exemptions. 4 Notwithstanding any inconsistent provision of law, this title shall 5 not apply to: 6 1. [railroads, as defined in subdivisions twenty-four and twenty-nine7of section two of the transportation law or within the scope of titles8nine and eleven of article five of the public authorities law;92. the operation and/or maintenance of railroad and railroad shipping10facilities, including but not limited to the right of way, tracks, track11sidings, team tracks and bridges;123.] any electric corporation, as defined by subdivision thirteen of 13 section two of the public service law, nor shall it apply to the opera- 14 tion, use, or maintenance of any new or existing utility pole or facili- 15 ties owned or used, in whole or in part, by a telephone corporation, 16 utility company, or cable television company, as defined by subdivisions 17 seventeen and twenty-three of section two and subdivision one of section 18 two hundred twelve of the public service law, respectively; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03301-01-9S. 4982 2 A. 7005 1 [4.] 2. the use of one or more utility poles by any person in 2 connection with the suspension or support of power, communications, 3 utility wires, lines or cables and related equipment, antennae, light- 4 ing, signals, electric or electronic devices or similar equipment or 5 apparatus; 6 [5.] 3. any public authority that owns and operates electric trans- 7 mission or distribution lines, a municipally owned electric utility or a 8 rural electric cooperative, nor shall it apply to the operation, use, or 9 maintenance of any new or existing utility pole or facilities owned or 10 used, in whole or in part, by any such public authority, municipally 11 owned electric utility, or rural electric cooperative; and 12 [6.] 4. until January first, two thousand ten, any existing marina or 13 other facility for berthing and mooring of pleasure vessels, including 14 rowboats and canoes, and the storage thereof, and any existing facility 15 that services pleasure vessels other than an existing marina or other 16 facility for berthing and mooring of pleasure vessels, or facility that 17 services pleasure vessels owned and/or operated by a municipal entity. 18 For the purpose of this section, pleasure vessel shall have the same 19 meaning as in paragraph (c) of subdivision six of section two of the 20 navigation law. 21 § 2. Severability clause. If any provision of this act or application 22 thereof shall for any reason be adjudged by any court of competent 23 jurisdiction to be invalid, such judgment shall not affect, impair, or 24 invalidate the remainder of the act, but shall be confined in its opera- 25 tion to the provision thereof directly involved in the controversy in 26 which the judgment shall have been rendered. 27 § 3. This act shall take effect immediately.