senate Bill S145

Enacts the "aquatic nuisance species coalition participation act"

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 04 / Jan / 2012
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

Enacts the "aquatic nuisance species coalition participation act"; authorizes the department of environmental conservation to participate in the Great Lakes aquatic nuisance species coalition.

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Bill Details

Versions:
S145
Legislative Cycle:
2011-2012
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 17 Title 23 §§17-2301 - 17-2307, En Con L
Versions Introduced in 2009-2010 Legislative Cycle:
S2858

Sponsor Memo

BILL NUMBER:S145

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to enacting the
"aquatic nuisance species coalition participation act"

PURPOSE:
In 2005, the State of Michigan created the Great Lakes Aquatic
Nuisance Species Coalition to bring the eight Great Lakes states
together to collaboratively seek and devise consistent state
regulations to manage aquatic nuisance species discharged from
ocean-going vessels' ballast water. The legislature further finds
that because all ocean-going vessels must pass through New York
State's waters, regardless of whether they stop at New York State
ports, New York State carries a singular obligation to actively
participate in the Great Lakes Aquatic Nuisance Species Coalition.
This bill authorizes and directs the NYS Department of Environmental
Conservation to do so.

SUMMARY OF PROVISIONS:
Adds the following definitions to §17-2305:
1. Aquatic nuisance species
2. Ballast water
3. Great Lakes
4. Non-indigenous species

Adds § 17-2307 to:

1. authorize and direct the NYS Department of Environmental
Conservation to participate in the Great Lakes Aquatic Nuisance
Species Coalition as organized by the Michigan Department of
Environmental Quality for the purpose of devising basin-wide
regulations to address the discharge of aquatic nuisance species in
the ballast water of ocean-going vessels.

2. continue to actively participate and cooperate with entities
including, but not exclusive to, the International Joint commission,
the Great Lakes Commission, the Great Lakes Panel on Aquatic Nuisance
Species, the Great Lakes Fishery Commission, the U.S. Coast Guard,
the U.S. Environmental Protection Agency, and the NYS Invasive
Species Task Force.

3. To report at least annually to the governor and legislature on
Coalition activities.

JUSTIFICATION:
Over 180 aquatic nuisance species are established in the Great Lakes,
and ballast water discharges from ocean-going vessels have been
implicated in more than two-thirds of the introductions of new aquatic
nuisance species that have occurred since 1959, when the St. Lawrence
Seaway was opened. Introduction of an aquatic nuisance species
anywhere in the Great Lakes poses a threat to the entire Great Lakes
ecosystem, including the waters of the state.


Aquatic nuisance species have altered the Great Lakes ecosystem,
harmed commercial and recreational fishing industries, and damaged
water supply and energy infrastructure. Billions of dollars have been
spent addressing the impacts of aquatic nuisance species in the Great
Lakes. And the threat of new introductions of aquatic nuisance
species is real and growing.

The interstate aspects of this problem require that New York
coordinate with the other Great Lakes states to seek to devise
effective and consistent regulatory approaches to address the aquatic
nuisance species challenge that threatens them all. Because all
ocean-going vessels must pass through the waters of New York State,
its active participation in the Great Lakes Aquatic Nuisance Species
Coalition will 1) strengthen the Coalition and support various
individual state and federal initiatives to research and monitor the
situation, 2) support a collaborative multi-state legislative voice
in any proposed congressional legislation to establish a regulatory
program, and 3) support efforts to establish a multi-state
legislative voice to collaboratively work with the provincial
governments of Ontario and Quebec.

LEGISLATIVE HISTORY:
S.2858 of 2009-2010; Referred to Senate Environmental Conservation
Committee
S.7701B of 2006; Referred to Senate Environmental Conservation Committee
S.959 of 2007-08; Referred to Senate Environmental Conservation Committee

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This bill shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   145

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  enacting the "aquatic nuisance species coalition participation act"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 17 of the environmental conservation law is amended
by adding a new title 23 to read as follows:
                                TITLE 23
                        AQUATIC NUISANCE SPECIES
                       COALITION PARTICIPATION ACT
SECTION 17-2301. SHORT TITLE.
        17-2303. LEGISLATIVE FINDINGS.
        17-2305. DEFINITIONS.
        17-2307. PARTICIPATION IN GREAT LAKES AQUATIC  NUISANCE  SPECIES
                   COALITION; OTHER COOPERATIVE AND COORDINATED EFFORTS.
S 17-2301. SHORT TITLE.
  THIS  TITLE  SHALL  BE KNOWN AND MAY BE CITED AS THE "AQUATIC NUISANCE
SPECIES COALITION PARTICIPATION ACT."
S 17-2303. LEGISLATIVE FINDINGS.
  THE LEGISLATURE FINDS THAT AQUATIC NUISANCE SPECIES ALREADY INTRODUCED
INTO THE GREAT LAKES, PREDOMINANTLY  THROUGH  BALLAST  WATER  DISCHARGES
FROM OCEAN-GOING VESSELS, HAVE LED TO SIGNIFICANT ECOLOGICAL AND ECONOM-
IC  IMPACTS.  AT  LEAST  ONE HUNDRED EIGHTY AQUATIC NUISANCE SPECIES ARE
ESTABLISHED IN THE GREAT LAKES. SINCE THE OPENING OF THE ST.    LAWRENCE
SEAWAY  IN  NINETEEN  HUNDRED  FIFTY-NINE, BALLAST WATER DISCHARGES FROM
OCEAN-GOING VESSELS HAVE BEEN IMPLICATED IN MORE THAN TWO-THIRDS OF  THE
INTRODUCTIONS OF NEW AQUATIC NUISANCE SPECIES IN THE GREAT LAKES.
  THE LEGISLATURE FURTHER FINDS THAT THE AQUATIC NUISANCE SPECIES INTRO-
DUCED  INTO  THE GREAT LAKES, SUCH AS THE SEA LAMPREY, THE ZEBRA MUSSEL,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01601-01-1

S. 145                              2

THE RUFFE, THE GOBY, AND THE SPINY WATER FLEA, HAVE  COMPETED  WITH  AND
PREYED  UPON  NATIVE  PLANTS,  FISH  AND WILDLIFE, RESULTING IN DRAMATIC
DECREASES IN POPULATION,  COMPROMISED  SPECIES  VIABILITY,  AND  SERIOUS
ALTERATIONS TO THE ECOSYSTEM. THESE IMPACTS MAY BE IRREVERSIBLE.
  THE  LEGISLATURE  FURTHER  FINDS  THAT  AQUATIC  NUISANCE SPECIES HAVE
HARMED THE GREAT LAKES' COMMERCIAL AND RECREATIONAL  FISHING  INDUSTRIES
AND  DAMAGED  WATER  SUPPLY AND ENERGY PRODUCTION INFRASTRUCTURE.  THESE
DAMAGES HAVE RESULTED IN BILLIONS OF  DOLLARS  OF  ECONOMIC  DISRUPTION,
INCLUDING  MORE THAN 1.5 BILLION DOLLARS EXPENDED TO ADDRESS THE IMPACTS
OF THE ZEBRA MUSSEL IN THE GREAT LAKES BASIN.
  THE LEGISLATURE FURTHER FINDS THAT THE THREAT OF NEW INTRODUCTIONS  OF
AQUATIC  NUISANCE  INVASIVE SPECIES IN THE GREAT LAKES IS REAL AND GROW-
ING. INTRODUCTION OF A NEW AQUATIC  NUISANCE  SPECIES  ANYWHERE  IN  THE
GREAT  LAKES POSES A THREAT TO THE ENTIRE GREAT LAKES ECOSYSTEM, INCLUD-
ING THE WATERS OF THE STATE.
  THE LEGISLATURE FURTHER FINDS THAT IN TWO THOUSAND FIVE THE  STATE  OF
MICHIGAN  CREATED  THE GREAT LAKES AQUATIC NUISANCE SPECIES COALITION TO
BRING STATES TOGETHER TO COLLABORATIVELY DEVISE CONSISTENT  STATE  REGU-
LATIONS  TO  MANAGE AQUATIC NUISANCE SPECIES DISCHARGED FROM OCEAN-GOING
VESSELS' BALLAST WATER TO PROTECT THE GREAT LAKES BASIN.
  THE LEGISLATURE FURTHER FINDS THAT  BECAUSE  ALL  OCEAN-GOING  VESSELS
MUST  PASS  THROUGH  NEW  YORK STATE'S GREAT LAKES WATERS, REGARDLESS OF
WHETHER THEY STOP AT NEW YORK STATE PORTS,  NEW  YORK  STATE  CARRIES  A
SINGULAR  OBLIGATION  TO ACTIVELY PARTICIPATE IN THE GREAT LAKES AQUATIC
NUISANCE SPECIES COALITION.
S 17-2305. DEFINITIONS.
  AS USED IN THIS TITLE:
  1. "AQUATIC NUISANCE SPECIES" MEANS A NON-INDIGENOUS  SPECIES,  EITHER
ALREADY ESTABLISHED OR NOT YET ESTABLISHED IN THE REGION, THAT THREATENS
OR  COULD  THREATEN  THE  DIVERSITY  OR ABUNDANCE OF NATIVE SPECIES, THE
ECOLOGICAL STABILITY OF INFESTED WATERS, CONSUMPTIVE USE OF THE INFESTED
WATERS, OR COMMERCIAL, AGRICULTURAL, AQUACULTURAL OR RECREATIONAL ACTIV-
ITIES DEPENDENT ON SUCH WATERS.
  2. "BALLAST WATER" MEANS ANY WATER AND SUSPENDED MATTER TAKEN ON BOARD
A VESSEL TO CONTROL OR MAINTAIN TRIM, DRAUGHT, STABILITY, OR STRESSES OF
THE VESSEL, REGARDLESS OF HOW IT IS CARRIED,  INCLUDING  RESIDUAL  WATER
AND SUSPENDED MATTER IN VESSELS DECLARING NO BALLAST ON BOARD.
  3.  "GREAT LAKES" MEANS LAKE ONTARIO, LAKE ERIE, LAKE HURON (INCLUDING
LAKE ST. CLAIR), LAKE MICHIGAN, LAKE SUPERIOR, AND THE CONNECTING  CHAN-
NELS  (SAINT  MARY'S  RIVER,  SAINT  CLAIR RIVER, DETROIT RIVER, NIAGARA
RIVER, AND SAINT LAWRENCE RIVER TO THE CANADIAN  BORDER),  AND  INCLUDES
ALL  OTHER  BODIES  OF WATER WITHIN THE DRAINAGE BASIN OF SUCH LAKES AND
CONNECTING CHANNELS.
  4. "NON-INDIGENOUS SPECIES" MEANS ANY SPECIES OR OTHER VIABLE  BIOLOG-
ICAL  MATERIAL  THAT  ENTERS  AN  ECOSYSTEM  BEYOND  ITS HISTORIC RANGE,
INCLUDING ANY SUCH ORGANISM TRANSFERRED FROM ONE COUNTRY INTO ANOTHER.
S 17-2307. PARTICIPATION IN GREAT LAKES AQUATIC NUISANCE SPECIES  COALI-
             TION; OTHER COOPERATIVE AND COORDINATED EFFORTS.
  1.  THE  DEPARTMENT  IS  AUTHORIZED AND DIRECTED TO PARTICIPATE IN THE
GREAT LAKES AQUATIC NUISANCE  SPECIES  COALITION  AS  ORGANIZED  BY  THE
MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY FOR THE PURPOSE OF DEVISING
BASIN-WIDE  REGULATIONS  TO  ADDRESS  THE  DISCHARGE OF AQUATIC NUISANCE
SPECIES IN THE BALLAST WATER OF OCEAN-GOING VESSELS.
  2. TO THE EXTENT CONSISTENT  WITH  NEW  YORK'S  SOVEREIGN  RIGHTS  AND
RESPONSIBILITIES, THE DEPARTMENT SHALL ALSO CONTINUE TO ACTIVELY PARTIC-
IPATE  WITH  ENTITIES CONCERNED WITH AQUATIC NUISANCE SPECIES INCLUDING,

S. 145                              3

BUT NOT EXCLUSIVE TO, THE  INTERNATIONAL  JOINT  COMMISSION,  THE  GREAT
LAKES COMMISSION, THE GREAT LAKES PANEL ON AQUATIC NUISANCE SPECIES, THE
GREAT  LAKES  FISHERY  COMMISSION,  THE  UNITED  STATES COAST GUARD, THE
UNITED  STATES  ENVIRONMENTAL  PROTECTION  AGENCY AND THE NEW YORK STATE
INVASIVE SPECIES TASK FORCE.
  3. THE DEPARTMENT SHALL REPORT TO THE GOVERNOR AND TO THE  LEGISLATURE
AT  LEAST  ANNUALLY  ON  GREAT  LAKES AQUATIC NUISANCE SPECIES COALITION
ACTIVITIES.
  S 2. This act shall take effect immediately.

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