NY Env Conserv L § 23-1717 (2021)
2021 New York Laws ENV - Environmental Conservation Article 23 - Mineral Resources Title 17 - Liquefied Natural and Petroleum Gas 23-1717 - Training and Qualification of Municipal Fire Department Personnel; Strict Liability.

§ 23-1717. Training  and  qualification  of  municipal  fire  departmentpersonnel; strict liability.1. The legislature finds that liquefied natural and petroleum gas,  in   view  of  its  extreme  volatility,  high  flammability,  and  dangerous   qualities if mishandled resulting in accidental release, poses  problems   of  the  control  thereof  related  to  the lack of current training and   qualification of municipal fire  department  personnel  responsible  for   control  and  extinguishment  of  fire  resulting  from  mishandling and   accidental release during its storage, transportation, and conversion.2. Within thirty days after this title shall become  effective,  every   utility  or  other  person  subject  to  the  jurisdiction of the public   service commission and which is engaged in the storage,  transportation,   or  conversion  of  liquefied  natural or petroleum gas within the state   shall give notice to the department that it is a person subject to  this   title, and shall specify by geographical description the municipality or   municipalities,  or parts thereof, within the state where it is handling   or otherwise using liquefied natural or petroleum gas, with  the  nature   of  such  use,  storage, transportation, or conversion, with the amounts   thereof in each location, on  a  monthly  and  annual  basis,  with  any   projected  increase  or  decrease in the use or handling thereof at such   location or locations within the state on a five year basis from date of   report.3. Within sixty days thereafter, the department, in consultation  with   the  municipal  fire  department  or  departments  indicated to be those   required to be trained and qualified under this  title  to  control  and   extinguish  fires  related to the reported facilities and transportation   of liquefied natural or petroleum gas, shall determine and report  what,   if  any, programs are necessary to enable such municipal fire department   or departments to be adequately prepared to control and extinguish  such   fires  and  to protect persons and property within their municipality or   municipalities who might be subject to such danger.4. The report of  the  department  shall  detail  the  capability  and   preparedness,  or  lack  thereof, of such fire department or departments   effectively to prevent or extinguish a fire at or related to any of  the   reported  facilities,  or  in  connection  with  the  transportation  of   liquefied natural or petroleum gas; proposals for further  training  and   qualification of personnel which, if implemented, would enable such fire   department    or    departments    effectively   to   carry   out   such   responsibilities; and a detailed analysis of the cost  of  training  and   qualification  of  such  municipal  fire  department personnel to do so,   including those  related  to  additional  manpower,  new  or  additional   equipment,  or training of such personnel, although not limited thereto.   Such report, in its cost analysis and  in  making  recommendations  with   respect thereto, shall report separately with regard to projected hiring   of additional personnel, the purchase of new or additional equipment and   supplies,  and  necessary training courses, on an initial and continuing   basis, together with any  other  proposals  in  implementation  of  this   section;  and,  in addition, shall make specific finding, with regard to   the particular municipal fire department or departments involved,  which   of said proposals is or are required to be implemented to be carried out   to  comply  with  the requirements of subdivision three of this section,   together with the reasonable cost thereof.5.  Notice  of  the  department's   determination   with   regard   to   implementation  of  the  training and qualification requirements of this   section and of the cost thereof shall be given to the utility  or  other   person  subject  to this section under subdivision two hereof and to the   municipal  fire  department  or  departments  identified  to   be   with   jurisdiction  under  subdivision three hereof. If a hearing is requested    within thirty days, a hearing shall be held promptly with regard to  the   program  and  the  cost  thereof  and, on the basis of the record of the   hearing the department, by its commissioner, may modify the program  and   adjust the cost thereof to be charged against the utility, utilities, or   other persons subject to this title in accordance with the provisions of   subdivisions  two and three of section 23-1715. Such cost, as related to   the training and qualification requirements of this title  may,  at  the   option  of  the  department, be paid to the department under subdivision   three of section 23-1715, or by the utility or other person directly  to   the   chief   fiscal   officer   or  officers  of  the  municipality  or   municipalities involved pursuant to this section;  and,  in  any  event,   shall  be  expended only on programs thus approved by the department for   the purpose of carrying out the requirements of this section.6. Upon application for an environmental safety permit  under  section   23-1707  or  for  certification  of a transportation route under section   23-1713, the procedure of notification,  consultation,  and  report  and   determination  with regard to municipal fire department training program   and cost thereof shall  be  integrated  with  the  application  and  the   determination  of  the department, if to grant the permit or certificate   or certificates, shall include the determination thereof with regard  to   implementation  of  the  training and qualification requirements of this   section and the allocation of the cost  thereof,  with  respect  to  the   particular permit or certificate or certificates granted, to the utility   or other person subject to the requirements of this title.7.  In  the  event  that  more  than  one  utility  or other person is   determined to be charged with the cost  of  training  and  qualification   under  this  section,  said  charge or charges may be apportioned by the   department between or among them on an equitable basis  related  to  the   degree  to which each is responsible, based on the degree and complexity   of the cost of training and qualification involved. In  no  event  shall   the  department  of  environmental conservation, or its commissioner, by   virtue of this section, be determined to have any jurisdiction over  the   operation  or administration of any municipal fire department reimbursed   under this title  and  section,  or  over  its  fire  fighting  methods,   deployment  of  personnel,  fiscal  policies,  or  other  aspects of its   administration. The department is authorized  to  promulgate  rules  and   regulations necessary to effectuate the purposes of this section.8.  The  storage,  transportation, and conversion of liquefied natural   and petroleum gas within the state, in view of its  extreme  volatility,   high  flammability,  and  dangerous qualities if mishandled resulting in   accidental release, is determined to be  hazardous  and  entails  strict   liability  on  the part of any person, as defined under this title, that   undertakes such activities in the state.  Neither  compliance  with  the   requirements  of  this title, nor the exercise of due care, shall excuse   any  such  person  from  liability  for  personal  or  property   damage   determined  to  be caused by the accidental release of liquefied natural   or petroleum gas within  the  state,  and  neither  proof  of  means  of   ignition  nor distinctions between direct and consequential damage shall   relieve such person of absolute liability without regard  to  intent  or   negligence for any personal or property damage thereby caused.