Riverkeeper supports legislation that gives towns a voice in pipeline approvals
Memorandum of Support
A.2446 (Skartados) S.5139 (Amedore)
Bill Title: An ACT to amend the Transportation Corporation Law in relation to the construction of new pipe lines
Summary of Proposed Legislation
The proposed legislation would amend the Transportation Corporation Law (“Transcorp Law”) to grant towns the power to accept or reject the construction of any new pipe line that would pass through their jurisdictions.
Statement of Support
Riverkeeper strongly supports Bills A.2446/S.5139, which would amend the Transcorp Law to give towns the authority to accept or reject the construction of any new pipe line within their jurisdictions. The current Transcorp Law prohibits the construction of pipe lines through villages and cities, absent a resolution from the legislative body authorizing the project. In other words, villages and cities—but not towns—enjoy local control over pipe line projects. The proposed legislation extends this local control to towns by prohibiting the construction of any new pipe lines through a town absent a resolution authorizing the project passed by a two-thirds vote of the town board.
Petroleum pipe lines are often massive industrial infrastructure projects that can alter the character of communities, impose on private property rights, threaten public health and safety, and jeopardize the integrity of natural resources, such as soil and drinking water. Data from the U.S. Department of Transportation Pipeline & Hazardous Material Safety Administration shows over 4 million barrels of hazardous substances have spilled from pipelines since 1986, with oil being the most commonly spilled substance. These pipeline incidents have resulted in nearly 500 deaths, and more than 2,300 injuries. Spills, like the massive Kalamazoo, MI oil spill in 2010, can have long-term environmental, economic, and quality of life impacts that local governments have to deal with for years following the event itself.
In order for a pipe line to be constructed within a village or city, the Transcorp Law has long required a resolution authorizing the project, passed by a two-thirds vote of the legislative body in the jurisdiction. The resolution must detail the route and manner of construction of the pipe line within the village or city. Though it is unclear why the 100-year-old Transcorp Law failed to include towns, there is no reason, today, why towns should not enjoy the same level of autonomy and local control as neighboring villages and cities. Support for Bills A.2446A/S.5139S would remedy this unwarranted omission and empower thousands of New Yorkers who live in towns to decide how best to protect their communities through the democratic process.
Riverkeeper encourages our supporters to contact their Assemblymembers (518-455-4100) and Senators (518-455-2800) and urge them to co-sponsor A.2446 (Skartados)/S.5139 (Amedore).