A virtual pipeline of volatile oil traveling through Albany County has local legislators scrambling to create safety nets to protect the county and its citizens in the event of an accident.
Assembly members Patricia Fahy, D-Albany, Phil Steck, D-Colonie and John T. McDonald III, D-Cohoes, recently announced three bills to address risks posed by oil trains. One would require storage facilities to have insur-ance, another would stiffen penalties for trains blocking roadways and the other would create a private right of action in the event a person is injured due to a train blocking a roadway,
A relatively new form of crude oil is being shipped by train from western states to the Port of Albany so it can be put on barges and taken down the Hudson River to oil refineries. Since 2000, the increase in hydraulic fracturing (fracking) has created a boom in oil production, and without an actual pipeline, the best way to ship is by train. Nearly 3 billion gallons of oil make their way through the county every year.
High-profile accidents in the recent months have brought more attention to the issue, including an accident in Quebec that killed 47 people nearly a year ago. An oil train derailed in Selkirk rail yard in December, but there were no injuries or environmental issues resulting from that incident.
“Overall, big picture is that the federal government regulates what can be transported on tracks, what types of containers have to be used and the issues related to track maintenance. We’re trying to address issues we can handle under state law. The most significant is blockage of roads,” said Steck.
The length of the trains can create problems when they block crossings, preventing drivers and sometimes emergency first responders from reaching their destinations in a timely manner. Steck introduced a bill that would strengthen penalties for breaking a New York state law that requires trains be able clear crossings in less than five minutes.
“In Menands in particular, Cohoes and Watervliet, emergency vehicles are blocked from getting to people. We need to get those roads cleared so we can get to the people in a timely manner,” said Steck “There was a situation involving one of my constituents who could not get to a hospital on time. Fortunately, it didn’t result in disaster, but the family came to me to move forward on this.”
While Gov. Andrew Cuomo doubled the number of rail inspectors in the state, the Assembly members said more needs to be done to ensure the safety of people in the area.
“Trains traveling with highly flammable materials are enough cause for concern. But the problem of trains stopped on their tracks frequently and for great lengths of time adds even more opportunity for something to go wrong in our community. This package of bills will, from the state perspective, address the issues that have drawn concern from our communities in an effort to ensure safety,” said Steck.
While the trains are required to be insured, the Assembly members also want to increase the oil spill fund in the event of a disaster.
“Typically, they do have insurance. The insurance would be required here to protect the property, but we want to protect the public,” said Steck.
In a statement, Fahy called the growth in the transportation and storage of crude oil in the state “alarming.”
“It is my hope that this legislative series will serve as a preventative measure to ensure that rail traffic remains safe for all, secures taxpayers from excessive liability and protects our environment,” said Fahy.
There is only so much the state can do because the federal government regulates the trains when they are moving, but the state can regulate storage facilities. In Canada, after the train exploded, it caused nearly $2 billion in damages, and the shipping company eventually claimed bankruptcy and didn’t have to pay for anything. Fahy said she wants to ensure that can’t happen here.
“The company themselves would have to provide the insurance and the storage facility would need to provide the insurance themselves. It’s using the private sector to ensure all the safety procedures are done. We are trying to prevent what happened in Canada,” she said.
Although the three bills have not been adopted, lawmakers are optimistic the next legislative session will see the bills turned into laws.
“I would say we worked on it for the last several months. It’s amazing we have developed legislation as quickly as we have. It’s not like you can just snap your fingers and this stuff is done,” said Steck.