N.Y. Environmental Conservation Law § 23-1717: Training and qualification of municipal fire department personnel; strict liability

§ 23-1717. Training and qualification of municipal fire department

personnel; strict liability.

1. The legislature finds that liquefied natural and petroleum gas, in

view of its extreme volatility, high flammability, and dangerous

qualities if mishandled resulting in accidental release, poses problems

of the control thereof related to the lack of current training and

qualification of municipal fire department personnel responsible for

control and extinguishment of fire resulting from mishandling and

accidental release during its storage, transportation, and conversion.

2. Within thirty days after this title shall become effective, every

utility or other person subject to the jurisdiction of the public

service commission and which is engaged in the storage, transportation,

or conversion of liquefied natural or petroleum gas within the state

shall give notice to the department that it is a person subject to this

title, and shall specify by geographical description the municipality or

municipalities, or parts thereof, within the state where it is handling

or otherwise using liquefied natural or petroleum gas, with the nature

of such use, storage, transportation, or conversion, with the amounts

thereof in each location, on a monthly and annual basis, with any

projected increase or decrease in the use or handling thereof at such

location or locations within the state on a five year basis from date of

report.

3. Within sixty days thereafter, the department, in consultation with

the municipal fire department or departments indicated to be those

required to be trained and qualified under this title to control and

extinguish fires related to the reported facilities and transportation

of liquefied natural or petroleum gas, shall determine and report what,

if any, programs are necessary to enable such municipal fire department

or departments to be adequately prepared to control and extinguish such

fires and to protect persons and property within their municipality or

municipalities who might be subject to such danger.

4. The report of the department shall detail the capability and

preparedness, or lack thereof, of such fire department or departments

effectively to prevent or extinguish a fire at or related to any of the

reported facilities, or in connection with the transportation of

liquefied natural or petroleum gas; proposals for further training and

qualification of personnel which, if implemented, would enable such fire

department or departments effectively to carry out such

responsibilities; and a detailed analysis of the cost of training and

qualification of such municipal fire department personnel to do so,

including those related to additional manpower, new or additional

equipment, or training of such personnel, although not limited thereto.

Such report, in its cost analysis and in making recommendations with

respect thereto, shall report separately with regard to projected hiring

of additional personnel, the purchase of new or additional equipment and

supplies, and necessary training courses, on an initial and continuing

basis, together with any other proposals in implementation of this

section; and, in addition, shall make specific finding, with regard to

the particular municipal fire department or departments involved, which

of said proposals is or are required to be implemented to be carried out

to comply with the requirements of subdivision three of this section,

together with the reasonable cost thereof.

5. Notice of the department's determination with regard to

implementation of the training and qualification requirements of this

section and of the cost thereof shall be given to the utility or other

person subject to this section under subdivision two hereof and to the

municipal fire department or departments identified to be with

jurisdiction under subdivision three hereof. If a hearing is requested

within thirty days, a hearing shall be held promptly with regard to the

program and the cost thereof and, on the basis of the record of the

hearing the department, by its commissioner, may modify the program and

adjust the cost thereof to be charged against the utility, utilities, or

other persons subject to this title in accordance with the provisions of

subdivisions two and three of section 23-1715. Such cost, as related to

the training and qualification requirements of this title may, at the

option of the department, be paid to the department under subdivision

three of section 23-1715, or by the utility or other person directly to

the chief fiscal officer or officers of the municipality or

municipalities involved pursuant to this section; and, in any event,

shall be expended only on programs thus approved by the department for

the purpose of carrying out the requirements of this section.

6. Upon application for an environmental safety permit under section

23-1707 or for certification of a transportation route under section

23-1713, the procedure of notification, consultation, and report and

determination with regard to municipal fire department training program

and cost thereof shall be integrated with the application and the

determination of the department, if to grant the permit or certificate

or certificates, shall include the determination thereof with regard to

implementation of the training and qualification requirements of this

section and the allocation of the cost thereof, with respect to the

particular permit or certificate or certificates granted, to the utility

or other person subject to the requirements of this title.

7. In the event that more than one utility or other person is

determined to be charged with the cost of training and qualification

under this section, said charge or charges may be apportioned by the

department between or among them on an equitable basis related to the

degree to which each is responsible, based on the degree and complexity

of the cost of training and qualification involved. In no event shall

the department of environmental conservation, or its commissioner, by

virtue of this section, be determined to have any jurisdiction over the

operation or administration of any municipal fire department reimbursed

under this title and section, or over its fire fighting methods,

deployment of personnel, fiscal policies, or other aspects of its

administration. The department is authorized to promulgate rules and

regulations necessary to effectuate the purposes of this section.

8. The storage, transportation, and conversion of liquefied natural

and petroleum gas within the state, in view of its extreme volatility,

high flammability, and dangerous qualities if mishandled resulting in

accidental release, is determined to be hazardous and entails strict

liability on the part of any person, as defined under this title, that

undertakes such activities in the state. Neither compliance with the

requirements of this title, nor the exercise of due care, shall excuse

any such person from liability for personal or property damage

determined to be caused by the accidental release of liquefied natural

or petroleum gas within the state, and neither proof of means of

ignition nor distinctions between direct and consequential damage shall

relieve such person of absolute liability without regard to intent or

negligence for any personal or property damage thereby caused.