STATE OF NEW YORK ________________________________________________________________________ 2628 2019-2020 Regular Sessions IN ASSEMBLY January 24, 2019 ___________ Introduced by M. of A. GANTT -- read once and referred to the Committee on Transportation 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" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "hazardous 2 materials transport security act". 3 § 2. Legislative findings. Since the World Trade Center and Pentagon 4 attacks of September 11, 2001, it has become evident that terrorists 5 intend to attack the United States economy by any and every means avail- 6 able, including using hazardous materials vehicles as potential "weapons 7 of mass destruction". Although several laws, both at the federal and 8 state level, have been considered to enhance the security of transport- 9 ing these hazardous materials, much remains to be done, especially in 10 high-risk states such as New York. Basic best practices security regu- 11 lations must be implemented for the transport of hazardous materials to 12 protect the citizens, economy, and environment of New York from terror- 13 ist attacks. A successful attack would severely damage the New York 14 economy and, in particular, threaten the viability of the vital indus- 15 tries which now produce, transport, and consume the hazardous materials 16 that are essential inputs for a modern industrial economy. 17 The federal government has issued several warnings and advisories to 18 hazardous materials transporters that such vehicles could be weaponized 19 by terrorists or other enemies of the United States. There currently 20 exist many devices that can prevent the theft or hijacking of these 21 vehicles; other devices provide local law enforcement officials with the 22 tools to take control of such vehicles if a hijacking cannot be 23 prevented. This act establishes a task force to review, examine, and 24 make recommendations on the efficacy, operational feasibility, and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00300-02-9

A. 2628 2 1 economic impacts of mandating such security devices across the New York 2 hazardous materials fleet. 3 This act mandates that authorized representatives of generators of 4 products considered to be hazardous materials with responsibility for 5 loading those hazardous products and waste shall, prior to that loading, 6 ensure that the driver of the transport vehicle be in possession of the 7 proper commercial driver's license, including hazardous materials 8 endorsements, required to lawfully operate the transport vehicle with 9 its intended load. This act also mandates that vehicles used to trans- 10 port hazardous materials and wastes be equipped with a two-way communi- 11 cation device that would allow immediate communication with a New York 12 state-authorized emergency response center in the event of an emergency 13 involving hazardous materials. 14 § 3. Section 14-f of the transportation law is amended by adding a new 15 subdivision 7 to read as follows: 16 7. (a) There is hereby established within the department a temporary 17 task force on hazardous materials motor carrier security technology. The 18 task force shall consist of thirteen members. The governor shall appoint 19 five members and the temporary president of the senate and the speaker 20 of the assembly shall each appoint four members. The governor's appoint- 21 ments shall be the commissioner, who shall serve as chairperson of the 22 task force, the commissioner of motor vehicles, the superintendent of 23 state police, the director of the office for technology, and the direc- 24 tor of the office of public security, or their designated represen- 25 tatives. Three appointments of the temporary president of the senate and 26 three appointments of the speaker of the assembly shall be appointed as 27 follows: 28 (i) One each shall be a member, officer, or employee of a first 29 responder or law enforcement organization that serves a municipal corpo- 30 ration; 31 (ii) One each shall possess expertise in the field of homeland securi- 32 ty technology; and 33 (iii) One each shall be a representative in the field of motor carrier 34 transport of hazardous materials. 35 (b) The task force shall have the following functions, powers and 36 duties: 37 (i) To review existing security devices and systems available to 38 prevent the hijacking, misuse, or unauthorized use of commercial motor 39 vehicles used to transport hazardous materials; these technologies shall 40 be evaluated for several criteria, including commercial availability, 41 efficacy, reliability, and economic feasibility; 42 (ii) To recommend a list of those security technologies that the 43 members of the task force deem to be most appropriate for use by motor 44 vehicles transporting hazardous materials; 45 (iii) To recommend appropriate financial assistance mechanisms for 46 owners and operators of motor vehicles transporting hazardous materials 47 to implement such security devices and systems; 48 (iv) To submit a report on or before December thirty-first, two thou- 49 sand nineteen to the governor, the temporary president of the senate, 50 and the speaker of the assembly including such recommendations, as well 51 as, where appropriate, financial assistance for owners and operators of 52 motor vehicles transporting hazardous materials, to implement such secu- 53 rity devices. 54 (c) The task force shall meet as necessary to carry out its functions 55 and duties. Members of the task force shall receive no compensation for 56 their services as members but shall be allowed their actual and neces-

A. 2628 3 1 sary expenses incurred in the performance of their duties. The task 2 force shall expire on January first, two thousand twenty-one. 3 § 4. Subdivision 3 of section 27-0305 of the environmental conserva- 4 tion law, as amended by chapter 592 of the laws of 1981, is amended to 5 read as follows: 6 3. A generator of a waste may obtain a permit pursuant to this title 7 to transport his or her own waste or if he or she contracts with another 8 person to remove, transport, or dispose of regulated wastes. If a gener- 9 ator obtains such a permit, a person engaged in the removal, transporta- 10 tion or disposal of his or her waste shall not be required to obtain a 11 permit pursuant to this title for the transportation of such wastes. An 12 authorized representative of the generator that is responsible for load- 13 ing such wastes into a transport vehicle shall, prior to such loading, 14 ensure that the driver of the transport vehicle is in possession of the 15 appropriate class of driver's license and that such license indicates 16 any endorsement required to lawfully operate the transport vehicle with 17 its intended load. 18 § 5. Section 27-0305 of the environmental conservation law is amended 19 by adding a new subdivision 13 to read as follows: 20 13. As a condition for the permit, any vehicle required to display 21 placards pursuant to this subdivision or section fourteen-f of the 22 transportation law shall be equipped with a two-way communication 23 device, maintained in good working order, which enables the driver to 24 immediately contact a New York state-designated emergency response 25 center that can provide immediate emergency assistance in the event of 26 an act of terrorism or accident involving the release of a hazardous 27 material. For the purposes of this subdivision, "two-way communication 28 device" shall mean a radio, cellular telephone, or other similar device 29 that allows immediate communication directly with a designated emergency 30 response center from those areas of New York state with cellular cover- 31 age. 32 § 6. Section 375 of the vehicle and traffic law is amended by adding a 33 new subdivision 53 to read as follows: 34 53. A vehicle required to display placards pursuant to section 27-0305 35 of the environmental conservation law or section fourteen-f of the 36 transportation law shall be equipped with a two-way communication 37 device, maintained in good working order, which enables the driver to 38 immediately contact a New York state-designated emergency response 39 center designed to provide immediate emergency assistance in the event 40 of an act of terrorism or other emergency involving the release of a 41 hazardous material. For the purposes of this subdivision, "two-way 42 communication device" shall mean a radio, cellular telephone, or other 43 similar device that allows immediate communication directly with an 44 emergency response center from those areas of New York state with cellu- 45 lar coverage. 46 § 7. Section 2336 of the insurance law is amended by adding a new 47 subsection (i) to read as follows: 48 (i) Beginning June first, two thousand twenty, any schedule or rating 49 plan applicable to commercial risk insurance for motor vehicles weighing 50 in excess of ten thousand pounds which transport hazardous materials 51 pursuant to section fourteen-f of the transportation law shall provide 52 for an actuarially appropriate reduction in premium charges for bodily 53 injury liability, property damage liability, theft, personal injury 54 protection, medical payments, collision coverage, and cargo loss and 55 damage, with respect to such motor vehicles equipped with any anti-theft 56 device recommended pursuant to subdivision seven of section fourteen-f

A. 2628 4 1 of the transportation law. The superintendent shall, after consulting 2 with the departments of motor vehicles and transportation, promulgate 3 rules and regulations establishing the qualifications and standards for 4 the approval, utilization, and installation of such devices. 5 § 8. This act shall take effect immediately; provided that section 6 four of this act shall take effect on the thirtieth day after this act 7 shall have become a law and sections five and six of this act shall take 8 effect on the one hundred eightieth day after this act shall have become 9 a law.

Enacts the "hazardous materials transport security act"

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