NY Env Conserv L § 23-1713 (2021)
2021 New York Laws ENV - Environmental Conservation Article 23 - Mineral Resources Title 17 - Liquefied Natural and Petroleum Gas 23-1713 - Transportation of Liquefied Natural and Petroleum Gas; Certified Routes.

§ 23-1713. Transportation   of  liquefied  natural  and  petroleum  gas;certified routes.1. Except for transportation by navigable  waterways,  all  intrastate   transportation  of  liquefied natural and petroleum gas in its cryogenic   state must be along established routes in  accordance  with  a  schedule   filed with the department, and approved in accordance with this section.2.   The   department  of  transportation  in  consultation  with  the   department of environmental conservation shall  establish  criteria  for   the  safe  transportation  of  such liquefied natural and petroleum gas.   Such criteria shall take into consideration the proximity of  the  route   or  routes  to  contiguous populations, the capability of municipal fire   departments to protect communities and  contiguous  populations  against   fire  cloud  damage  attendant  upon  vapor  release of the gas from its   cryogenic state due to accident or malfunction  in  equipment,  and  the   risk  of  further  accident  related thereto and conflagration attendant   upon  its  ignition.  Such  department's  criteria  shall  be  no   less   restrictive  than  existing  federal  regulations. Such department shall   within  one  year  from  the  effective  date  of  this  section,  adopt   regulations  prescribing  the forms and procedures to be followed, which   shall  include  notice  to  all  affected  municipal  police  and   fire   departments,  for  the  certification  of routes to be used for the safe   intrastate transportation of such liquefied natural and petroleum gas.3.  The  department  of  transportation  in  consultation   with   the   department  of  environmental  conservation  shall  maintain  a  map  of   certified routes for the intrastate  transportation  of  such  liquefied   natural and petroleum gas. In order to have a route certified under this   section,  any person proposing to undertake intrastate transportation of   such liquefied natural or petroleum gas shall file with such  department   the  proposed  transportation  route,  subject  to  approval  as  herein   provided.4. Upon application  therefor,  and  before  certifying  a  route  for   intrastate  transportation  of  such  liquefied natural or petroleum gas   under subdivision three, the department of transportation shall  hold  a   public  hearing  and  shall  render  a  decision with respect thereto in   accordance with the requirements of section 23-1711, and, to the  extent   applicable, section 23-1709. In addition, upon route certification, such   limitations  as are appropriate for safety purposes shall be established   by such department for each such certified route,  and  the  department,   further,  shall  establish  procedure  and  notice  requirements for the   particular route, in accordance with subdivision two hereof, to be given   to all  affected  municipal  police  and  fire  departments,  to  assure   adequate notice to all affected municipalities.