What's happening
This bill removes exemptions for railroads and railroad shipping facilities from the phase-out of creosote in New York State.
Why it matters
Railroads and related shipping facilities would no longer be exempt from state restrictions on creosote use. , meaning they must now comply with the same phase-out requirements as other industries—potentially increasing costs and operational challenges for maintaining tracks and infrastructure.
Environmental and public health protections could be strengthened. , since creosote is a known toxic chemical linked to cancer and water pollution; removing these exemptions may reduce creosote exposure risks for nearby communities and ecosystems.
The bill could incentivize the railroad industry to adopt alternative, safer materials for infrastructure. , possibly spurring innovation in railroad construction and maintenance and accelerating the transition away from hazardous substances.
Operational impacts may extend to shipping logistics and supply chains. , as railroads adjust to new compliance requirements—potentially affecting project timelines, maintenance schedules, and the cost of transporting goods across New York State.
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Who cares
Railroad operators
The bill would remove their exemption from the creosote phase-out law.
Railroad and railroad shipping facility operators
The bill would end the exemption for operating and maintaining facilities, including rights of way, tracks, sidings, team tracks and bridges.
Electric utilities, telephone companies and cable television companies
The bill would leave their existing exemptions for utility poles and facilities unchanged.
Headline styles
End Railroad Creosote Exemption
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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 Assembly Committee · Environmental Conservation · Sponsor Fred Thiele
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.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law, in relation to the exemptions for railroads and railroad and railroad ship- ping facilities from the phase-out of creosote
PURPOSE::
To phase out the use, combustion and disposal of creosote in railroads and railroad and railroad shipping facilities.
SUMMARY OF PROVISIONS::
Section 1. Section 27-2513 of the environmental conservation law, as added by Chapter 172 of the Laws of 2007, is amended to include railroad and railroad shipping facilities in the phase out of creosote.
JUSTIFICATION::
Creosote is composed of over 300 chemicals, with the major ingredients known to cause harmful health effects and environmental degradation. It is listed as a hazardous waste by the environmental protection agency (EPA) and has been found in at least 33 of the national priorities list sited and identified by the EPA. Workers in the building trades indus- try, especially those who build decks and boat docks and those who work with foundation shoring, construction and maintenance of utility poles for electric, cable, and telephone lines, are all susceptible to the harmful effects of creosote which include but are not limited to skin irritations, chemical bums of the eyes, mental confusion, respiratory ailments and liver damage. Creosote is listed as a carcinogen in the 1992 toxic release inventory (TRI) and can cause cancer. Creosote poses an environmental threat as its runoff can contaminate soil and surface and groundwater.
Article 27, Title 25 of the environmental conservation law provides that as of January 1, 2008, creosote or products containing creosote shall not be manufactured, sold or used in New York State. However, exemptions to this law allows railroads, railroad and railroad shipping facilities to continue to manage wood treated with creosote and maintain control or ownership of the materials which allows wood treated with creosote to be reused or stockpiled for re-use.
In the spring of 2017, the Long Island Railroad began placing stockpiles of creosote soaked railroad ties within close proximity to residencies and businesses that abut the LIRR"s right of way on the east end of Long Island. Complaints to LIRR began as the incessant strong odor from the railroad ties lingered in the air causing respiratory ailments, dizziness and burning eyes, among others. These are common symptoms associated with the harmful exposure to the chemicals in the creosote. While the LIRR has since moved the ties from this area, the creosote soaked stockpiles will eventually be used to replace broken ties in the future continuing to threaten public health and the environment.
This legislation is necessary to remove railroads and railroad and rail- road shipping facilities from the list of exemptions included in Article 27, Title 25 of the Environmental Conservation Law. Effective and safer alternatives to creosote area available and should be utilized to better protect public health and the environment.
LEGISLATIVE HISTORY::
2018 S.8053/A.10163
FISCAL IMPLICATIONS::
To be determined.
EFFECTIVE DATE::
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.