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History
- Referred to transportation
- Referred to transportation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Enacts the "hazardous materials transport security act"
In Assembly Committee · Transportation · Sponsor David Gantt
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the transportation law, the environmental conservation law, the vehicle and traffic law and the insurance law, in relation to enacting the "hazardous materials transport security act"
Purpose
To require the generators and transporter of hazardous materials to implement basic best practice security measures to protect the citizens, economy and environment of New York from misuse of hazardous materials.
Summary of provisions
Section 1 Titles the bill as the "Hazardous Materials Transport Security Act"; Section 2: The Legislature finds that since the terrorist attacks of September 11, 2001, it has become evident that terrorists will attack the United States by using any means avail- able, including using hazardous materials vehicles as potential "weapons of mass destruction". The Legislature finds that" basic best practices" need to be implemented to protect the citizens, economy and environment of New York from further acts of terrorism; Section 3 Amends section 14-f of the transportation law by adding a new subdivision (7) establishing a temporary task force on hazardous materials motor carrier security technology; Section 4 Amends section 27-0305 of the environmental conservation law to require an authorized representative of a generator of hazardous waste to ensure the driver of a transport vehicle, prior to its loading, is in possession of necessary license and endorsement to operate such vehicle with its intended load; Section 5 Amends section 27-0305 of the environmental conservation law by adding a new subdivision (13) which establishes a permit condition for any generator who transports their own hazardous waste to equip all such vehicles with a two-way communication system; Section 6 Amends section 375 of the vehicle and traffic law by adding a new subdivision (52) which requires that all vehicles required to display hazardous material placards by equipped with a two-way communication device; Section 7 Amends section 2336 of the insurance law by adding a new subsection (i) which provides for actuarially appropriate reduction in premium costs for vehicles which transport hazardous materials, and directs the superintendent of insurance to promulgate rules and regulations in relation to use of security devices on such vehicles; Section 8 Indicates that the act shall take effect immediately, provided that section four shall take effect within thirty days of enactment, and sections five and six shall take effect within one hundred eighty days of enactment.
Read the full memo (683 words)
Justification
Since the World Trade Center and Pentagon attacks of September 11, 2001, it is evident that terrorists intend to attack the United States by any means available, including using vehicles transporting hazardous materials as potential "weapons of mass destruction". Although several laws have been considered to enhance the security of transporting these materials, "basic best practices" must be implemented to protect the citizens, economy and the environment of New York from further acts of terrorism. The federal government has issued several warnings and advisories to hazardous material transporters that such vehicles could be weaponized by terrorists. There currently exist many devices that can prevent the theft or hijacking of these vehicles, and/or give local law enforcement officials the tools to take control of such vehicles if a hijacking cannot be prevented. This bill establishes a task force to review, examine and make recommendations on the efficacy, operational feasibility, and economic impacts of mandating such security devices across the New York hazardous materials fleet. In addition, this bill would require that authorized representatives of generators of hazardous waste, prior to loading, ensure that the driver of the transport vehicle be in possession of the proper commercial driver's license, including endorsements, to operate such vehicle with its intended load. This bill also mandates that vehicles used to transport hazardous materials and wastes be equipped with a two-way emergency response center in the event of an emergency involving hazardous materials.
Legislative history
01/09/08 Referred to Transportation
Fiscal implications
None.
Effective date
This act shall take effect immediately provided that section four shall take effect thirty days after enacted into law, and sections five and six shall take effect one hundred eighty days after they shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.