Section 23-1713. Transportation of liquefied natural and petroleum gas; certified routes

1. Except for transportation by navigable  waterways,  all  intrastate
  transportation  of  liquefied natural and petroleum gas in its cryogenic
  state must be along established routes in  accordance  with  a  schedule
  filed with the department, and approved in accordance with this section.
    2.   The   department  of  transportation  in  consultation  with  the
  department of environmental conservation shall  establish  criteria  for
  the  safe  transportation  of  such liquefied natural and petroleum gas.
  Such criteria shall take into consideration the proximity of  the  route
  or  routes  to  contiguous populations, the capability of municipal fire
  departments to protect communities and  contiguous  populations  against
  fire  cloud  damage  attendant  upon  vapor  release of the gas from its
  cryogenic state due to accident or malfunction  in  equipment,  and  the
  risk  of  further  accident  related thereto and conflagration attendant
  upon  its  ignition.  Such  department's  criteria  shall  be  no   less
  restrictive  than  existing  federal  regulations. Such department shall
  within  one  year  from  the  effective  date  of  this  section,  adopt
  regulations  prescribing  the forms and procedures to be followed, which
  shall  include  notice  to  all  affected  municipal  police  and   fire
  departments,  for  the  certification  of routes to be used for the safe
  intrastate transportation of such liquefied natural and petroleum gas.
    3.  The  department  of  transportation  in  consultation   with   the
  department  of  environmental  conservation  shall  maintain  a  map  of
  certified routes for the intrastate  transportation  of  such  liquefied
  natural and petroleum gas. In order to have a route certified under this
  section,  any person proposing to undertake intrastate transportation of
  such liquefied natural or petroleum gas shall file with such  department
  the  proposed  transportation  route,  subject  to  approval  as  herein
  provided.
    4. Upon application  therefor,  and  before  certifying  a  route  for
  intrastate  transportation  of  such  liquefied natural or petroleum gas
  under subdivision three, the department of transportation shall  hold  a
  public  hearing  and  shall  render  a  decision with respect thereto in
  accordance with the requirements of section 23-1711, and, to the  extent
  applicable, section 23-1709. In addition, upon route certification, such
  limitations  as are appropriate for safety purposes shall be established
  by such department for each such certified route,  and  the  department,
  further,  shall  establish  procedure  and  notice  requirements for the
  particular route, in accordance with subdivision two hereof, to be given
  to all  affected  municipal  police  and  fire  departments,  to  assure
  adequate notice to all affected municipalities.