ASSEMBLYMAN DAVID KOON THE NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule 111, sec. 1(f) BILL NUMBER: Assembly:________ Senate:_______ SPONSORS: Member(s) of ____ ____ Original Bill Amended Bill Assembly: ________ Senator(s): ________ TITLE OF THE BILL: The bill shall be known as “The Prevention of Environmental Terrorism Act of 2002” and shall amend the environmental conservation law, in relation to background checks for hazardous waste transporters, the transportation law in relation to background checks for transporters of hazardous materials and the vehicle and traffic law in relation to commercial drivers that transport hazardous materials. PURPOSE OR GENERAL IDEA: To prevent the use of hazardous materials and hazardous wastes in terrorist acts by directing the department of motor vehicles and environmental conservation to require background checks for transporters of these chemicals that pose a threat to public safety, and to prohibit licensing of individuals who have been convicted of terrorist acts and or violent felonies and several listed crimes. EFFECTS ON PRESENT LAW WHICH THIS BILL WOULD ALTER: Adds a new section 27-0306 to the Environmental Conservation Law, a new section 509-z to the Vehicle and Traffic Law, amends section 14f of the Transportation law, and adds a new section 84-b to the State Finance Law. SUMMARY OF SPECIFIC PROVISIONS: Section 1. Titles the bill as “The Prevention of Environmental Terrorism Act of 2002.” Section 2. The Legislature finds that the terror attacks of September 11, 2001 and the ensuing investigation clearly indicate the need to check the background of transporters of hazardous materials and hazardous waste to protect the public health and environment from attacks using these dangerous and toxic substances. Section 3. Adds a new subdivision 27-0303(13) to the Environmental Conservation Law (“ECL”) defining a transporter of hazardous wastes as the individual directly involved with moving such substances. Section 4. Adds a new section 27-0306 to the ECL entitled “Qualifications of Waste Transporters.” The requirements for waste transporters include a mandatory “Transporter Qualification Investigation” which includes a criminal history and driving record check. The requirements permanently disqualify from transporting wastes individuals, such as those who are convicted of the violating the New York’s criminal terrorism laws, violent felony laws and other listed provisions, and includes mandatory five year and one year waiting periods for individuals convicted of listed lesser offenses. Section 5. Amends subdivision 27-0305(3) of the ECL to make it unlawful for a generator to employ as a transporter of hazardous wastes, an individual disqualified under ECL 27-0306. Section 6. Amends section 14-f of the Transportation Law by adding a new subdivision (B) which makes it unlawful for an individual to transport hazardous materials without first undergoing a background check for such licenses. Section 7. Adds a new section 509-z to the Vehicle and Traffic Law entitled “Hazardous Materials Transporter Requirements.” This section implements the federal antiterrorism act of 2001 commonly referred to as the “USA Patriot Act” regarding transporting hazardous materials in New York. The law prohibits the issuing of licenses for transportation of hazardous materials without the mandatory federal background records check. In addition the section permanently disqualifies from transporting hazardous materials individuals convicted of the violating the New York’s criminal terrorism laws, violent felony laws and other listed provisions, who shall be permanently disqualified from transporting these wastes, and includes mandatory five year and one year waiting periods for individuals convicted of listed lesser offenses. Section 8. Amends subdivision (iv) of section 27-0924(1)(a) of the ECL by requiring a review of provisions of the new section 509-z of the Vehicle and Traffic Law as part of the hazardous materials training program. Section 9. Adds a new section 84-b to the State Finance Law entitled “Transporter Background Check Fund.” This section creates a fund that will receive fees deposited into it by the Department’s of Environmental Conservation Fund and Motor Vehicles that authorized by the bill to cover costs of the criminal background check. Section 10. Amends Section 90 subdivision (2) of the State Finance Law by adding language which requires fines and penalties collected for violating the Hazardous Materials Transportation Section of Transportation Law Section 14-f (2)(B) to be deposited into the “Transporter Background Check Fund.” 2 of 3 February 25, 2002 Section 11. Indicates that this act shall take effect sixty days after enactment. JUSTIFICATION: The September 11, 2001 terrorist attacks on the World Trade Center and Pentagon showed the vulnerability of civil society in the United States to attacks by individuals who can gain access to common everyday transportation vehicles that can be used as very dangerous weapons. Shortly thereafter, federal and state investigations revealed that several individuals in Pennsylvania had fraudulently obtained hazardous materials transporter licenses and were contemplating the use of these vehicles in future acts of terrorism. Hazardous materials, which include explosives and radioactive substances as well as toxic chemicals, if used as a weapon, can pose grave risks to public health and the environment. An equally dangerous threat to public health is posed by hazardous wastes which are also composed of highly toxic chemicals. Finally, the investigations that ensued from the September 11 terror attacks revealed that they were caused by complex, sophisticated and coordinated networks of individuals that helped develop, finance and implement the terror plots. There are no state laws that address the possibility of terrorist attacks using hazardous wastes or materials. In order to avoid future catastrophes and loss of life, and to protect public safety, health and the environment, this bill provides state and local agencies with the authority necessary to check individuals before they can use licensing processes to gain access to these potential weapons of mass destruction in the form of vehicles transporting hazardous wastes and substances around New York State. PRIOR LEGISLATIVE HISTORY: New Bill. FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Undetermined, but none likely. The bill specifically authorizes the Department of Environmental Conservation and the Department of Motor Vehicles to charge a fee for the criminal history check required by the bill. EFFECTIVE DATE: The act shall take effect sixty days after enacted into law. 3 of 3 February 25, 2002