23-1701 – Short Title.
§ 23-1701. Short title. This title shall be known as the “liquefied natural and petroleum gas act”.
23-1703 – Legislative Findings.
§ 23-1703. Legislative findings. The legislature finds that it is necessary for the protection of the public health, the environment and the economic welfare of the people of this state to regulate and control the siting of liquefied natural and petroleum gas facilities in this state because of the hazards posed by liquefied natural and […]
23-1705 – Definitions.
§ 23-1705. Definitions. As used in this title, unless the context otherwise requires: 1. “Liquefied natural gas”, sometimes referred to as “LNG”, and “liquefied petroleum gas”, sometimes referred to as “LPG”, are gas cooled to its liquid state provided, however, the provisions of this act shall not be deemed to apply to liquefied petroleum gas […]
23-1707 – Environmental Safety Permit; Siting.
§ 23-1707. Environmental safety permit; siting. No person shall commence the preparation of a site for, or begin the construction of, a liquefied natural or petroleum gas storage or conversion facility in the state without having first obtained an environmental safety permit issued with respect to such facility or activity by the commissioner pursuant to […]
23-1709 – Criteria for Siting.
§ 23-1709. Criteria for siting. 1. The department shall, after investigation and opportunity for public comment, within one year from the effective date of this section, adopt, and file with the secretary of state, regulations establishing criteria for the siting of liquefied natural and petroleum gas facilities. Such siting criteria shall be designed to insure […]
23-1711 – Permit Processing.
§ 23-1711. Permit processing. 1. Any person desiring to construct, reconstruct, enlarge the storage capacity or, if constructed but unused, put into actual use and operation a liquefied natural or petroleum gas facility in the state shall obtain a permit pursuant to this section. 2. Notice of any public hearing conducted in connection with any […]
23-1713 – Transportation of Liquefied Natural and Petroleum Gas; Certified Routes.
§ 23-1713. Transportation of liquefied natural and petroleum gas; certified routes. 1. Except for transportation by navigable waterways, all intrastate transportation of liquefied natural and petroleum gas in its cryogenic state must be along established routes in accordance with a schedule filed with the department, and approved in accordance with this section. 2. The department […]
23-1715 – Inspection to Insure Compliance; Allocation of Enforcement Costs; Revocation; Civil and Criminal Penalties.
§ 23-1715. Inspection to insure compliance; allocation of enforcement costs; revocation; civil and criminal penalties. 1. The department shall have continuing responsibility of inspection to insure compliance with the terms of an environmental safety permit issued under section 23-1707, of route certification under section 23-1713, and with regard to non-conforming facilities under section 23-1719, all […]
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 […]
23-1719 – Non-Conforming Facilities; Conformance to Safety Criteria; Moratorium.
§ 23-1719. Non-conforming facilities; conformance to safety criteria; moratorium. The legislature finds that existing facilities have been constructed and are in the process of being used which by reason of their construction in residential areas or in dangerous proximity to contiguous populations, or otherwise, are in violation of the terms of this act, and, having […]
23-1721 – Hardship; Petition and Hearing; Permit.
§ 23-1721. Hardship; petition and hearing; permit. 1. Any person, upon a showing of hardship caused by the moratorium under subdivision one of section 23-1719 may petition the department for a review of the application of the moratorium to any proposed activity subject to this title. This shall be by notice to the department of […]
23-1723 – Judicial Review.
§ 23-1723. Judicial review. Review under this title may be had in a proceeding under article seventy-eight of the civil practice law and rules at the instance of any person aggrieved.
23-1725 – Preservation of Jurisdiction of Public Service Commission; Consultation and Coordination With Commission and Energy Office.
§ 23-1725. Preservation of jurisdiction of public service commission; consultation and coordination with commission and energy office. Except herein as specifically provided with regard to the public safety, as legislatively determined, this title shall not otherwise affect the jurisdiction of the public service commission in the performance of its statutory responsibilities with regard to the […]
23-1727 – Severability.
§ 23-1727. Severability. If any part of this title or the application thereof to any person or circumstances shall be adjudged to be invalid by a court of competent jurisdiction, such order or judgment shall be confined in its applicability to the controversy in which it was rendered, and not affect or invalidate the remainder […]