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.”
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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.
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February 25, 2002