Requires the disclosure of insurance information, including the name of the insurance company, the amount of coverage and what is covered under their plan, on permit applications for the construction of pipelines upon any freshwater wetlands.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3946
SPONSOR: Fahy
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
requiring the disclosure of insurance information on permit applications
for the construction of pipelines upon any freshwater wetlands
 
PURPOSE:;
Requires the disclosure of insurance information on permit applications
for the construction of pipelines upon any freshwater wetlands
 
SUMMARY OF PROVISIONS:
Section 1 amends the environmental conservation law to require that any
person proposing to conduct or cause to be conducted a regulated activ-
ity involving the use of a pipeline upon freshwater wetland shall
include the name of the insurance company covering such proposed activ-
ity, the amount of coverage and what is covered under the plan.
Section 2 states the effective date.
 
JUSTIFICATION:
Communities considering potential installation of pipelines have, at a
minimum, a. right to know what insurance is in place to protect them
from the litany of potential harms that may arise as a result of this
infrastructure. This bill seeks to protect local communities by requir-
ing that applications seeking to conduct regulated activity involving
the use of a pipeline on a wetland, provide the name of the insurance
company covering such proposed activity, the amount of coverage and what
specifically is.covered under the plan. This requirement would ensure
that all pipeline activity being conducted on wetlands is properly
insured further protecting the integrity of the state's wetlands.
 
PRIOR LEGISLATIVE HISTORY:
A8542 2021-22
 
FISCAL IMPLICATIONS:
None to the state.
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after. it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.
STATE OF NEW YORK
________________________________________________________________________
3946
2023-2024 Regular Sessions
IN ASSEMBLY
February 8, 2023
___________
Introduced by M. of A. FAHY, STIRPE, DICKENS, GALLAGHER, SEAWRIGHT,
SIMON, KELLES, THIELE, COLTON, EPSTEIN, JACOBSON, BURDICK -- read once
and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
requiring the disclosure of insurance information on permit applica-
tions for the construction of pipelines upon any freshwater wetlands
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 24-0703 of the environmental
2 conservation law, as amended by chapter 233 of the laws of 1979, is
3 amended to read as follows:
4 1. Any person proposing to conduct or cause to be conducted a regu-
5 lated activity upon any freshwater wetland shall file an application for
6 a permit with the clerk of the local government having jurisdiction or
7 the department, as the case may be. Review of the application shall be
8 made by the local government or the commissioner, as the case may be, in
9 accordance with applicable law and such rules hereunder as may be
10 adopted by the commissioner. Such application shall include a detailed
11 description of the proposed activity and a map showing the area of
12 freshwater wetland directly affected, with the location of the proposed
13 activity thereon. For any person proposing to conduct or cause to be
14 conducted a regulated activity involving the use of a pipeline upon any
15 freshwater wetland, such application shall also include the name of the
16 insurance company covering such proposed activity, the amount of cover-
17 age and what is covered under the plan. The clerk or commissioner shall
18 cause notice of such application to be mailed to all local governments
19 where the proposed activity or any part of it is located.
20 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04358-01-3