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> Oil Spill Response Enhancement Act
Clean Water:
Oil Spill Response Enhancement Act
Our Position: support
Bill Number: A3140
Sponsor: Assembly Member DiNapoli
Legislative Session: 2006
This bill would help prevent and contain oil spills in New York's waters.
Status
02/07/06 – Assembly Rules Committee discharged and committed to Assembly Environmental Conservation Committee
Action Needed
Please call or write your State Assembly Member in support of this bill. To identify your State Assembly Member and his/her contact info, click here.
More information
Please contact our legislative office.
Contact
Legislative Office, 518-426-9144. Or, contact John Stouffer, Legislative Director, john.stouffer@sierraclub.org
Background
Memorandum of Support In Assembly 3140 by Assemblyman DiNapoli Title: An Act to amend the navigation law and the environmental conservation law in relation to enacting the oil spill enhancement act. Provisions: A.3140 proposes a variety of provisions to laws governing the transport and transfer of petroleum so as to prevent harm to public and the environment by preventing or improving the containment of petroleum spills. These provisions include: • Clarifying the state law applies to both petroleum tankers and barges• Requiring that major onshore storage facilities deploy containment booms prior to transferring petroleum • Mandating that all facilities to file a habitat protection plan as a condition of licensing • Directing the New York State Department of Environmental Conservation (DEC) provide emergency response information to local governments • Ensuring that the DEC review a facilities compliance history and that all violations – aside from those under adjudication - be resolved prior to licensure • Requiring operators of liquid petroleum pipelines to disclose the locations of their facilities to the DEC for inclusion into the Division of Water GIS system. Statement of Support: Oil spills pose a serious threat to New York’s water quality and aquatic habitat. A.3140 proposes a series of sensible measures to decrease the threat posed by oil spills. The process of transferring petroleum from ship or barge to onshore storage facilities presents a significant risk of accidental petroleum release. It makes sense for state law to require onshore facilities to deploy measures to contain spills prior to initiating petroleum transfers. This measure will increase the chances of containing a spill and preventing harm to the environment. Further, by providing training to local governments in emergency response to oil spills, the state can increase the likelihood that first responders will take appropriate and effective measures to contain and abate spills. By ensuring that past violations are resolved in the licensing process, the state will ensure that conditions and practices at onshore storage facilities are in good order, once again reducing the risk that an accidental release will occur. Incorporating the location of liquid petroleum pipelines into the DEC Division of Water GIS system will greatly assist the state’s response to releases from these pipelines. The Federal Water Pollution Prevention Act requires petroleum storage facilities to have a plan in place to protect habitat in case of a spill. It is simply a case of oversight that New York Law does not follow this requirement. The Sierra Club strongly supports this bill.
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