What's happening
This bill removes exemptions for railroads and related facilities from the phase-out of creosote under New York environmental law.
Why it matters
Railroads and related shipping facilities would no longer be exempt from New York’s phase-out of creosote. , meaning they must comply with restrictions or bans on creosote use that previously did not apply to them.
Potential for significant environmental and public health impact. Removing this exemption could reduce soil and water contamination near railroad tracks and facilities, as creosote is a hazardous substance linked to cancer and other health risks.
Railroads may face increased operational and maintenance costs,. as they would likely need to use alternative, possibly more expensive, materials for railroad ties and infrastructure instead of creosote-treated wood.
Signal of expanding environmental regulation. This change demonstrates a move toward closing industry-specific loopholes in environmental law, potentially serving as a precedent for regulating other hazardous materials in historically exempt sectors.
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Who cares
Headline styles
End Railroad Creosote Exemption
Plain English, a few words. Used as the page title.
Sponsors
1 Multi-sponsor
History
- Referred to environmental conservation
- 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.
End Railroad Creosote Exemption
In Senate Committee · Environmental Conservation · Sponsor Kenneth P. LaValle
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 4982 A. 7005
2019-2020 Regular Sessions
SENATE - ASSEMBLY
April 3, 2019
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation
IN ASSEMBLY -- Introduced by M. of A. THIELE, STECK, GLICK, OTIS, L. ROSENTHAL, GALEF -- Multi-Sponsored by -- M. of A. EPSTEIN -- read once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the exemptions for railroads and railroad and railroad shipping facilities from the phase-out of creosote
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 27-2513 of the environmental conservation law, as added by chapter 172 of the laws of 2007, is amended to read as follows: § 27-2513. Exemptions.
Notwithstanding any inconsistent provision of law, this title shall not apply to:
1. [railroads, as defined in subdivisions twenty-four and twenty-nine of section two of the transportation law or within the scope of titles nine and eleven of article five of the public authorities law;
2. the operation and/or maintenance of railroad and railroad shipping facilities, including but not limited to the right of way, tracks, track sidings, team tracks and bridges;
3.] any electric corporation, as defined by subdivision thirteen of section two of the public service law, nor shall it apply to the operation, use, or maintenance of any new or existing utility pole or facilities owned or used, in whole or in part, by a telephone corporation, utility company, or cable television company, as defined by subdivisions seventeen and twenty-three of section two and subdivision one of section two hundred twelve of the public service law, respectively;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03301-01-9
S. 4982 2 A. 7005
[4.] 2. the use of one or more utility poles by any person in connection with the suspension or support of power, communications, utility wires, lines or cables and related equipment, antennae, lighting, signals, electric or electronic devices or similar equipment or apparatus;
[5.] 3. any public authority that owns and operates electric transmission or distribution lines, a municipally owned electric utility or a rural electric cooperative, nor shall it apply to the operation, use, or maintenance of any new or existing utility pole or facilities owned or used, in whole or in part, by any such public authority, municipally owned electric utility, or rural electric cooperative; and
[6.] 4. until January first, two thousand ten, any existing marina or other facility for berthing and mooring of pleasure vessels, including rowboats and canoes, and the storage thereof, and any existing facility that services pleasure vessels other than an existing marina or other facility for berthing and mooring of pleasure vessels, or facility that services pleasure vessels owned and/or operated by a municipal entity. For the purpose of this section, pleasure vessel shall have the same meaning as in paragraph (c) of subdivision six of section two of the navigation law.
§ 2. Severability clause. If any provision of this act or application thereof shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of the act, but shall be confined in its operation to the provision thereof directly involved in the controversy in which the judgment shall have been rendered.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.