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History
- Substituted by A7672
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1048
- Referred to environmental conservation
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.
Provides reimbursement to fire companies for costs associated with responding to spills of hazardous materials
Vetoed · Sponsor Robert Sweeney
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5444
Title of bill
An act to amend the environmental conservation law, in relation to providing reimbursement to fire companies for costs associated with responding to releases of hazardous materials
Purpose or general idea of bill
This bill would allow municipalities or fire districts who contract with, or control, fire companies to bill transportation companies for reimbursement when they have incurred costs in responding to hazardous material spills.
Summary of provisions
Section One defines a fire company as defined in §100(2) of the General Municipal Law.
Section Two amends the Environmental Conservation Law so that a municipal corporation or fire district who contracts with or controls a fire company is entitled to seek reimbursement by providing for a cause of action when they respond to any incident that involves a release, real or threatened, of hazardous materials. Reimbursement shall be limited to expendable materials in the response, and be limited to $10,000. The state fire administrator is directed to adopt rules and regulations to implement the provisions of this section and to make available to the municipal corporation or fire district reimbursement forms. The state fire administrator shall have thirty days to approve or deny a request for reimbursement. If approved, the municipal corporation or fire district to whom reimbursement has been approved, shall have a cause of action to recover unpaid monies to which they are entitled.
Justification
Many small municipal and volunteer fire companies accumulate significant costs in responding to hazardous material spills. Under current law, municipal corporations or fire districts who contract with control fire companies do not have the authority to bill hazardous material transporters for their spill response cost. This legislation gives a municipal corporation or fire district a cause of action to recover their costs, up to a specified limit, when they respond to a spill of hazardous materials.
Legislative history
2009-10: S.5113/A.2692A - Passed both houses; vetoed 6745 2007-08: S.3834A/A.7332A - Remained in Senate Environmental Conservation Committee; Passed Assembly 2005-06: S.891E/A.7279D - Died in Rules; Passed Assembly 2004: S.7030A/A.11207A - Died in Rules
Fiscal implications
None to the state. Benefits municipal corporations and fire districts by allowing them to recover costs associated with hazardous spill responses.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.