§ 23-1717 — Training and qualification of municipal fire department personnel; strict liability

§ 23-1717. Training and qualification of municipal fire department\n personnel; strict liability.\n 1. The legislature finds that liquefied natural and petroleum gas, in\nview of its extreme volatility, high flammability, and dangerous\nqualities if mishandled resulting in accidental release, poses problems\nof the control thereof related to the lack of current training and\nqualification of municipal fire department personnel responsible for\ncontrol and extinguishment of fire resulting from mishandling and\naccidental release during its storage, transportation, and conversion.\n 2. Within thirty days after this title shall become effective, every\nutility or other person subject to the jurisdiction of the public\nservice commission and which is engaged in the storage, transportation,\nor conversion of liquefied natural or petroleum gas within the state\nshall give notice to the department that it is a person subject to this\ntitle, and shall specify by geographical description the municipality or\nmunicipalities, or parts thereof, within the state where it is handling\nor otherwise using liquefied natural or petroleum gas, with the nature\nof such use, storage, transportation, or conversion, with the amounts\nthereof in each location, on a monthly and annual basis, with any\nprojected increase or decrease in the use or handling thereof at such\nlocation or locations within the state on a five year basis from date of\nreport.\n 3. Within sixty days thereafter, the department, in consultation with\nthe municipal fire department or departments indicated to be those\nrequired to be trained and qualified under this title to control and\nextinguish fires related to the reported facilities and transportation\nof liquefied natural or petroleum gas, shall determine and report what,\nif any, programs are necessary to enable such municipal fire department\nor departments to be adequately prepared to control and extinguish such\nfires and to protect persons and property within their municipality or\nmunicipalities who might be subject to such danger.\n 4. The report of the department shall detail the capability and\npreparedness, or lack thereof, of such fire department or departments\neffectively to prevent or extinguish a fire at or related to any of the\nreported facilities, or in connection with the transportation of\nliquefied natural or petroleum gas; proposals for further training and\nqualification of personnel which, if implemented, would enable such fire\ndepartment or departments effectively to carry out such\nresponsibilities; and a detailed analysis of the cost of training and\nqualification of such municipal fire department personnel to do so,\nincluding those related to additional manpower, new or additional\nequipment, or training of such personnel, although not limited thereto.\nSuch report, in its cost analysis and in making recommendations with\nrespect thereto, shall report separately with regard to projected hiring\nof additional personnel, the purchase of new or additional equipment and\nsupplies, and necessary training courses, on an initial and continuing\nbasis, together with any other proposals in implementation of this\nsection; and, in addition, shall make specific finding, with regard to\nthe particular municipal fire department or departments involved, which\nof said proposals is or are required to be implemented to be carried out\nto comply with the requirements of subdivision three of this section,\ntogether with the reasonable cost thereof.\n 5. Notice of the department's determination with regard to\nimplementation of the training and qualification requirements of this\nsection and of the cost thereof shall be given to the utility or other\nperson subject to this section under subdivision two hereof and to the\nmunicipal fire department or departments identified to be with\njurisdiction under subdivision three hereof. If a hearing is requested\nwithin thirty days, a hearing shall be held promptly with regard to the\nprogram and the cost thereof and, on the basis of the record of the\nhearing the department, by its commissioner, may modify the program and\nadjust the cost thereof to be charged against the utility, utilities, or\nother persons subject to this title in accordance with the provisions of\nsubdivisions two and three of section 23-1715. Such cost, as related to\nthe training and qualification requirements of this title may, at the\noption of the department, be paid to the department under subdivision\nthree of section 23-1715, or by the utility or other person directly to\nthe chief fiscal officer or officers of the municipality or\nmunicipalities involved pursuant to this section; and, in any event,\nshall be expended only on programs thus approved by the department for\nthe purpose of carrying out the requirements of this section.\n 6. Upon application for an environmental safety permit under section\n23-1707 or for certification of a transportation route under section\n23-1713, the procedure of notification, consultation, and report and\ndetermination with regard to municipal fire department training program\nand cost thereof shall be integrated with the application and the\ndetermination of the department, if to grant the permit or certificate\nor certificates, shall include the determination thereof with regard to\nimplementation of the training and qualification requirements of this\nsection and the allocation of the cost thereof, with respect to the\nparticular permit or certificate or certificates granted, to the utility\nor other person subject to the requirements of this title.\n 7. In the event that more than one utility or other person is\ndetermined to be charged with the cost of training and qualification\nunder this section, said charge or charges may be apportioned by the\ndepartment between or among them on an equitable basis related to the\ndegree to which each is responsible, based on the degree and complexity\nof the cost of training and qualification involved. In no event shall\nthe department of environmental conservation, or its commissioner, by\nvirtue of this section, be determined to have any jurisdiction over the\noperation or administration of any municipal fire department reimbursed\nunder this title and section, or over its fire fighting methods,\ndeployment of personnel, fiscal policies, or other aspects of its\nadministration. The department is authorized to promulgate rules and\nregulations necessary to effectuate the purposes of this section.\n 8. The storage, transportation, and conversion of liquefied natural\nand petroleum gas within the state, in view of its extreme volatility,\nhigh flammability, and dangerous qualities if mishandled resulting in\naccidental release, is determined to be hazardous and entails strict\nliability on the part of any person, as defined under this title, that\nundertakes such activities in the state. Neither compliance with the\nrequirements of this title, nor the exercise of due care, shall excuse\nany such person from liability for personal or property damage\ndetermined to be caused by the accidental release of liquefied natural\nor petroleum gas within the state, and neither proof of means of\nignition nor distinctions between direct and consequential damage shall\nrelieve such person of absolute liability without regard to intent or\nnegligence for any personal or property damage thereby caused.\n