Assembly Bill A6035

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

                                  6035

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 24, 2009
                               ___________

Introduced  by  M. of A. KOON -- read once and referred to the Committee
  on Environmental Conservation

AN ACT to amend the environmental conservation law and the state finance
  law, in relation to control of aquatic invasive species

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

  Section  1. The legislature finds that some non-indigenous species and
certain pathogens have the potential to  cause  economic,  environmental
and  health  and  safety damage to the state and that current efforts to
stop the introduction of non-indigenous species  and  certain  pathogens
from shipping vessels do not adequately reduce the risk of new introduc-
tions  into the Great Lakes watershed. New York's interest in protecting
the health, safety and welfare of its citizens,  natural  resources  and
environment  is  a  legitimate  local  interest  falling well within the
traditional police powers of the several states.
  The legislature, however, recognizes the  international  ramifications
and the rapidly changing dimensions of this issue, as well as the diffi-
culty  that  any one state has in either legally or practically managing
this issue. Congress, however, recognizing that the state and the feder-
al government should work in concert on this issue,  inserted  into  the
National  Invasive  Species  Act  of  1996, 16 U.S.C. S 4701 et. seq., a
specific provision, a  savings  clause,  at  16  U.S.C.  S  4725,  which
disclaims  congressional intent to preempt states from acting to control
non-indigenous species.  Acknowledging  the  possible  limits  of  state
jurisdiction  over  international  waters,  the legislature declares its
support for the efforts of the United States Coast  Guard  and  interna-
tional maritime organizations. New York intends to complement the United
States Coast Guard's ballast water management program.
  S  2.  Subdivisions  1  and  2 of section 17-0303 of the environmental
conservation law, subdivision 2 as amended by chapter 801 of the laws of
1973, are amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02499-02-9
              

A. 6035                             2

  1. The provisions of this section shall apply only to titles 1 to  11,
inclusive, and [title] TITLES 19 AND 21 of this article.
  2.  The department shall have administrative jurisdiction to abate and
prevent the pollution of waters  of  the  state  in  the  manner  herein
provided  in accordance with the classification of waters adopted by the
department pursuant to section 17-0301 OF THIS TITLE and  in  accordance
with  standards, criteria, limitations, rules and regulations and permit
conditions adopted, promulgated or applied by the department pursuant to
[title] TITLES 8 [hereof] AND 21 OF THIS ARTICLE.
  S 3. Subdivision 1 of section 17-0901 of the  environmental  conserva-
tion  law,  as amended by chapter 801 of the laws of 1973, is amended to
read as follows:
  1. Public hearings shall be conducted by the commissioner, or his duly
designated representative or representatives prior  to  issuance  of  an
order  directing  any  person to discontinue discharge of sewage, indus-
trial waste or other wastes which contravene the  standards  established
for  any  waters of the state or standards, criteria, limitations, rules
or regulations promulgated or applied pursuant to title  8  [hereof]  OR
TITLE 21 OF THIS ARTICLE.
  S  4.  Subdivisions 1, 2 and 6 of section 17-0905 of the environmental
conservation law, subdivision 6 as amended by chapter 400 of the laws of
1973, are amended to read as follows:
  1. The commissioner may,  on  his  own  motion,  investigate  or  make
inquiry, in a manner to be determined by him, as to the condition of any
of  the  waters  of  the state and as to any alleged act of pollution or
omission or failure to comply with any provisions of  titles  1  to  11,
inclusive, or [title] TITLES 19 OR 21 of this article.
  2.  Whenever it shall appear to the commissioner, after investigation,
that there has been a violation of any of the provisions of titles 1  to
11, inclusive, or [title] TITLES 19 OR 21 of this article, he shall give
written  notice  to  the alleged violator or violators setting forth any
thing or act done or omitted to be done or claimed to be in violation of
any such provisions, and requiring that the  matters  complained  of  be
corrected,  or that the alleged violator appear in person or by attorney
before the [commisisoner] COMMISSIONER or his  OR  HER  duly  designated
representative,  at  the  time  and  place in said notice specified, and
answer the charges complained of.
  6. The burden of proof with respect  to  violations  of  or  liability
imposed  by  titles  1 to 11, inclusive, and [title] TITLES 19 AND 21 of
this article shall, except as otherwise provided in section  71-1941  OF
THIS CHAPTER, be upon the department.
  S  5.  Subdivision 1 of section 17-0907 of the environmental conserva-
tion law is amended to read as follows:
  1. This section shall apply only to titles 1  to  11,  inclusive,  and
[title] TITLES 19 AND 21 of this article.
  S  6.  Subdivision 1 of section 17-0909 of the environmental conserva-
tion law is amended to read as follows:
  1. The provisions of this section shall apply only to titles 1 to  11,
inclusive, and [title] TITLES 19 AND 21 of this article.
  S  7.  Sections  17-1101, 17-1103, 17-1105 and 17-1107 of the environ-
mental conservation law are amended to read as follows:
S 17-1101. Existing rights and remedies preserved.
  It is the purpose of titles 1 to 11, inclusive, and [title] TITLES  19
AND  21 of this article to provide additional and cumulative remedies to
abate the pollution of the  waters  of  the  state  and  nothing  herein
contained  shall  abridge  or  alter rights of action or remedies now or

A. 6035                             3

hereafter existing, nor shall any such provisions or  any  act  done  by
virtue  of such provisions, be construed as estopping the state, persons
or municipalities, as riparian owners or otherwise, in the  exercise  of
their  rights  to  suppress  nuisances  or to abate any pollution now or
hereafter existing.
S 17-1103. Persons other than the state acquire no actionable rights.
  The bases for proceedings or actions resulting from the violations  of
the  prohibitions  contained  in  titles 1 to 11, inclusive, and [title]
TITLES 19 AND 21 of this article inure solely to and are for the benefit
of the people generally of the state of New York, and it is not intended
to in any way create new, or enlarge existing rights of riparian  owners
or  others.  A  determination by the department or the commissioner that
pollution exists or  that  violations  of  any  such  prohibitions  have
occurred  or are occurring, whether or not a proceeding or action may be
brought by the state, shall create by reason thereof no presumptions  of
law  or  findings of fact inuring to or for the benefit of persons other
than the state.
S 17-1105. Conflicting laws.
  Titles 1 to 11, inclusive, and [title] TITLES 19 AND 21 of this  arti-
cle  shall not be construed as repealing any of the laws relating to the
pollution of the waters of the state not herein expressly repealed,  but
shall  be  held and construed as ancillary to and supplementing the same
and in addition to the laws now in force, except as the same may  be  in
direct conflict herewith.
S 17-1107. Other Environmental Conservation Laws to remain in effect.
  Nothing  contained in titles 1 to 11, inclusive, and [title] TITLES 19
AND 21 of this article shall  be  construed  as  amending  or  repealing
sections  11-0503  or  13-0345  OF  THIS  CHAPTER  and any parts of said
sections inconsistent with the provisions of titles 1 to 11,  inclusive,
and  [title]  TITLES  19  AND 21 of this article or with any rule, regu-
lation, order or determination authorized by titles 1 to 11,  inclusive,
and  [title] TITLES 19 AND 21 of this article shall be held to be effec-
tive.
  S 8. Article 17 of the environmental conservation law  is  amended  by
adding a new title 21 to read as follows:
                                TITLE 21
                    AQUATIC INVASIVE SPECIES CONTROL
SECTION 17-2101. SHORT TITLE.
        17-2102. FINDINGS.
        17-2103. DEFINITIONS.
        17-2105. APPLICABILITY.
        17-2107. RULES, REGULATIONS AND STANDARDS.
        17-2109. NOTIFICATION AND REPORTING.
        17-2111. DISCHARGE/RELEASE PERMIT.
        17-2113. ENFORCEMENT; VIOLATIONS AND PENALTIES.
        17-2115. AQUATIC INVASIVE SPECIES CONTROL FUND.

S 17-2101. SHORT TITLE.
  THIS  TITLE  SHALL  BE KNOWN AND MAY BE CITED AS THE "AQUATIC INVASIVE
SPECIES CONTROL ACT".
S 17-2102. FINDINGS.
  THE LEGISLATURE FINDS THAT AQUATIC INVASIVE SPECIES ALREADY INTRODUCED
INTO THE GREAT LAKES, PREDOMINANTLY THROUGH BALLAST WATER DISCHARGES BUT
ALSO THROUGH OTHER PATHWAYS FROM OCEANGOING VESSELS, HAVE LED TO SIGNIF-
ICANT ECOLOGICAL AND ECONOMIC  IMPACTS.  AT  LEAST  ONE  HUNDRED  EIGHTY
AQUATIC  INVASIVE SPECIES ARE ESTABLISHED IN THE GREAT LAKES.  SINCE THE

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OPENING OF THE ST.  LAWRENCE  SEAWAY  IN  NINETEEN  HUNDRED  FIFTY-NINE,
BALLAST WATER DISCHARGES FROM OCEANGOING VESSELS HAVE BEEN IMPLICATED IN
MORE  THAN  TWO-THIRDS  OF  THE  INTRODUCTIONS  OF  NEW AQUATIC INVASIVE
SPECIES IN THE GREAT LAKES.
  THE LEGISLATURE FURTHER FINDS THAT THE AQUATIC INVASIVE SPECIES INTRO-
DUCED  INTO  THE GREAT LAKES, SUCH AS THE ZEBRA MUSSEL, RUFFE, GOBY, AND
SPINY WATER FLEA, HAVE COMPETED WITH AND PREYED UPON NATIVE PLANTS, FISH
AND WILDLIFE, RESULTING  IN  DRAMATIC  DECREASES  IN  POPULATION  SIZES,
COMPROMISED SPECIES VIABILITY, AND SERIOUS ALTERATIONS TO THE ECOSYSTEM.
THESE IMPACTS MAY BE IRREVERSIBLE.
  THE  LEGISLATURE  FURTHER  FINDS  THAT  AQUATIC  INVASIVE 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.
  THE LEGISLATURE FURTHER FINDS  THAT  BECAUSE  ALL  OCEANGOING  VESSELS
ENTERING  THE GREAT LAKES MUST PASS THROUGH NEW YORK STATE'S GREAT LAKES
WATERS, REGARDLESS OF WHETHER THEY STOP AT NEW  YORK  STATE  PORTS,  NEW
YORK  WATERS ARE VULNERABLE TO RELEASE AND INTRODUCTION OF AQUATIC INVA-
SIVE SPECIES.
  THE LEGISLATURE FURTHER FINDS THAT  AN  OCEANGOING  VESSEL  CAN  CARRY
AQUATIC  INVASIVE  SPECIES  IN  A  VARIETY  OF  LOCATIONS ON THE VESSEL,
INCLUDING THE BALLAST WATER, ANCHOR CHAIN, SEA CHEST, AND HULL, AND SUCH
VESSELS ARE TYPICALLY CAPABLE OF DISCHARGING OR RELEASING SUCH  INVASIVE
SPECIES INTO STATE WATERS WHETHER INTENTIONALLY OR ACCIDENTALLY.
  THE LEGISLATURE FURTHER FINDS THAT THE PROPHYLACTIC MEASURE OF REQUIR-
ING  PERMITS  FOR  VESSELS  CAPABLE  OF DISCHARGING OR RELEASING AQUATIC
INVASIVE SPECIES INTO STATE WATERS IS NECESSARY TO  EFFECTIVELY  CONTROL
THE  INTRODUCTION  OF INVASIVE SPECIES BY OCEANGOING VESSELS, GIVEN THAT
OCEANGOING  VESSELS  ARE  IMPORTANT  AND  HISTORICALLY   UNDER-REGULATED
CONTRIBUTORS TO SUCH INTRODUCTIONS.
  THE  LEGISLATURE FURTHER FINDS THAT THE THREAT OF NEW INTRODUCTIONS OF
AQUATIC INVASIVE SPECIES IN THE GREAT LAKES IS REAL AND GROWING.  INTRO-
DUCTION OF A NEW AQUATIC INVASIVE SPECIES ANYWHERE IN  THE  GREAT  LAKES
POSES A THREAT TO THE ENTIRE GREAT LAKES ECOSYSTEM, INCLUDING 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 DISCHARGE OF AQUATIC INVASIVE SPECIES FROM  OCEANGOING
VESSEL  BALLAST WATER TO PROTECT THE GREAT LAKES. NEW YORK STATE CARRIES
A SINGULAR OBLIGATION TO ACTIVELY PARTICIPATE IN THE GREAT LAKES AQUATIC
NUISANCE SPECIES COALITION AND TO SUPPORT THE COALITION'S MISSION.
S 17-2103. DEFINITIONS.
  AS USED IN THIS TITLE:
  1. "AQUATIC INVASIVE SPECIES"  MEANS  A  NON-INDIGENOUS  SPECIES  THAT
THREATENS OR COULD THREATEN THE DIVERSITY OR ABUNDANCE OF NATIVE SPECIES
OR  THE ECOLOGICAL STABILITY OF INFESTED WATERS, OR COMMERCIAL, AGRICUL-
TURAL,  AQUACULTURAL,  OR  RECREATIONAL  ACTIVITIES  DEPENDENT  ON  SUCH
WATERS.
  2. "BALLAST TANK" MEANS ANY TANK OR HOLD ON A VESSEL USED FOR CARRYING
BALLAST  WATER,  WHETHER  OR  NOT THE TANK OR HOLD WAS DESIGNED FOR THAT
PURPOSE.

A. 6035                             5

  3. "BALLAST WATER" MEANS ANY WATER  AND  ASSOCIATED  MATTER  TAKEN  ON
BOARD  A  VESSEL TO CONTROL OR MAINTAIN TRIM, DRAFT, STABILITY OR STRESS
OF THE VESSEL, WITHOUT REGARD TO THE MANNER IN WHICH IT IS CARRIED.
  4. "BALLAST WATER TREATMENT METHOD" MEANS A METHOD OF TREATING BALLAST
WATER  AND  SEDIMENTS  TO  REMOVE OR DESTROY LIVING BIOLOGICAL ORGANISMS
THROUGH ONE OR MORE OF THE FOLLOWING:
  (A) FILTRATION;
  (B) THE APPLICATION OF BIOCIDES OR ULTRAVIOLET LIGHT;
  (C) THERMAL METHODS;
  (D) DEOXYGENATION; OR
  (E) OTHER TREATMENT TECHNIQUES APPROVED BY THE DEPARTMENT.
  5. "EXCHANGE" MEANS TO REPLACE THE WATER IN A BALLAST TANK  USING  ONE
OF THE FOLLOWING METHODS:
  (A)  FLOW THROUGH EXCHANGE MEANS TO FLUSH OUT BALLAST WATER BY PUMPING
IN MID-OCEAN WATER AT THE BOTTOM OF THE BALLAST  TANK  AND  CONTINUOUSLY
OVERFLOWING THE TANK FROM THE TOP UNTIL THREE FULL VOLUMES OF WATER HAVE
BEEN  CHANGED  TO MINIMIZE THE NUMBER OF ORIGINAL ORGANISMS REMAINING IN
THE TANK.
  (B) EMPTY/REFILL EXCHANGE MEANS TO PUMP OUT THE  BALLAST  WATER  UNTIL
THE BALLAST TANK IS EMPTY OR AS CLOSE TO EMPTY AS THE MASTER OR OPERATOR
OF  THE  VESSEL  DETERMINES  IS  SAFE,  THEN REFILLING IT WITH MID-OCEAN
WATER; MASTERS/OPERATORS SHOULD PUMP OUT AS CLOSE TO ONE HUNDRED PERCENT
OF THE BALLAST WATER AS IS SAFE TO DO SO.
  6. "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.
  7.  "GREAT  LAKES  WATERS  OF  THE STATE" SHALL MEAN THE WATERS OF THE
STATE WITHIN THE GREAT LAKES.
  8. "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.
  9. "OCEANGOING VESSEL" MEANS A VESSEL THAT OPERATES ON THE GREAT LAKES
OR THE ST. LAWRENCE WATERWAY AFTER OPERATING IN COASTAL OR OCEAN  WATERS
OUTSIDE  OF  THE  GREAT  LAKES  OR  THE ST. LAWRENCE WATERWAY, INCLUDING
OPEN-OCEAN VESSELS AND  VESSELS  THAT  REMAIN  ENTIRELY  WITHIN  COASTAL
WATERS LESS THAN TWO HUNDRED NAUTICAL MILES FROM SHORE.
  10.  "OPEN SEA EXCHANGE" MEANS AN EXCHANGE THAT OCCURS MORE THAN FIFTY
NAUTICAL MILES FROM ANY SHORE. IF THE UNITED STATES COAST GUARD REQUIRES
A VESSEL TO CONDUCT AN EXCHANGE FURTHER OFFSHORE, THEN THAT DISTANCE  IS
THE REQUIRED DISTANCE FOR PURPOSES OF COMPLIANCE WITH THIS TITLE.
  11. "OPERATOR" INCLUDES MASTER, AGENT, PERSON-IN-CHARGE OR CHARTERER.
  12.  "PERSON"  OR  "PERSONS"  MEANS  ANY INDIVIDUAL, PUBLIC OR PRIVATE
CORPORATION, POLITICAL  SUBDIVISION,  GOVERNMENT  AGENCY,  MUNICIPALITY,
INDUSTRY,  CO-PARTNERSHIP, ASSOCIATION, FIRM, TRUST, ESTATE OR ANY OTHER
LEGAL ENTITY WHATSOEVER.
  13. "RECOGNIZED MARINE TRADE ASSOCIATION" MEANS  THOSE  TRADE  ASSOCI-
ATIONS IN THE STATE THAT PROMOTE IMPROVED BALLAST WATER MANAGEMENT PRAC-
TICES  BY  EDUCATING  THEIR  MEMBERS  ON  THE  PROVISIONS OF THIS TITLE,
PARTICIPATING IN REGIONAL  BALLAST  WATER  COORDINATION,  ASSISTING  THE
DEPARTMENT  IN  THE  COLLECTION OF BALLAST WATER EXCHANGE FORMS, AND THE
MONITORING OF BALLAST WATER.
  14. "SEDIMENT" MEANS ANY MATTER SETTLED OUT OF BALLAST WATER WITHIN  A
VESSEL.

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  15. "VECTOR" MEANS A PATHWAY AND MECHANISM FOR ENTRY FOR AQUATIC INVA-
SIVE SPECIES INTO THE GREAT LAKES WATERS OF THE STATE.
  16.  "VESSEL" MEANS A SELF-PROPELLED SHIP IN COMMERCE OF THREE HUNDRED
GROSS TONS OR MORE.
  17. "VOYAGE" MEANS ANY TRANSIT BY A VESSEL IN THE GREAT  LAKES  WATERS
OF THE STATE.
  18.  "WATERS  OF THE STATE" SHALL HAVE THE SAME MEANING AS PROVIDED IN
SUBDIVISION 2 OF SECTION 17-0105 OF THIS ARTICLE.
S 17-2105. APPLICABILITY.
  1. THIS TITLE SHALL APPLY TO ALL OCEANGOING VESSELS ENTERING, TRAVERS-
ING OR OPERATING IN THE GREAT LAKES WATERS OF THE STATE, EXCEPT A VESSEL
OF THE UNITED STATES DEPARTMENT OF DEFENSE OR UNITED STATES COAST  GUARD
SUBJECT  TO  THE  REQUIREMENTS  OF  16 U.S.C. 4713, OR ANY VESSEL OF THE
ARMED FORCES AS DEFINED IN THE FEDERAL WATER POLLUTION CONTROL  ACT  (33
U.S.C. 1322(A)) THAT IS SUBJECT TO THE "UNIFORM NATIONAL DISCHARGE STAN-
DARDS FOR VESSELS OF THE ARMED FORCES" (33 U.S.C. 1322(N)).
  2. THIS TITLE SHALL NOT BE DEEMED TO AUTHORIZE THE DISCHARGE OF OIL OR
NOXIOUS  LIQUID  SUBSTANCES IN A MANNER PROHIBITED BY STATE, FEDERAL, OR
INTERNATIONAL LAWS OR REGULATIONS. BALLAST WATER CONTAINING  OR  CARRIED
IN  ANY  TANK CONTAINING A RESIDUE OF OIL, NOXIOUS LIQUID SUBSTANCES, OR
ANY OTHER POLLUTANT SHALL BE DISCHARGED IN ACCORDANCE WITH THE  APPLICA-
BLE LAWS AND REGULATIONS.
  3. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO RELIEVE THE OPERATOR IN
CHARGE  OF  A  VESSEL  OF THE RESPONSIBILITY FOR ENSURING THE SAFETY AND
STABILITY OF THE VESSEL OR THE SAFETY OF THE CREW AND PASSENGERS.
S 17-2107. RULES, REGULATIONS AND STANDARDS.
  THE DEPARTMENT SHALL PROMULGATE AND ADOPT RULES, REGULATIONS AND STAN-
DARDS TO IMPLEMENT THIS TITLE, AND IN DOING  SO  MAY  CONSULT  WITH  THE
STATE   DEPARTMENT  OF  HEALTH,  REGULATED  INDUSTRIES  AND  POTENTIALLY
AFFECTED PARTIES, INCLUDING  BUT  NOT  LIMITED  TO  SHIPPING  INTERESTS,
PORTS,  SHELLFISH  GROWERS,  FISHERIES,  AQUACULTURE INTERESTS, ENVIRON-
MENTAL INTERESTS, INTERESTED CITIZENS WHO HAVE KNOWLEDGE OF THE  ISSUES,
AND APPROPRIATE GOVERNMENTAL REPRESENTATIVES INCLUDING THE UNITED STATES
COAST GUARD.
S 17-2109. NOTIFICATION AND REPORTING.
  BEGINNING  JANUARY  FIRST,  TWO  THOUSAND  TEN, ALL OCEANGOING VESSELS
ENTERING, TRAVERSING OR OPERATING IN THE GREAT LAKES WATERS OF THE STATE
SHALL NOTIFY THE DEPARTMENT OF SUCH OPERATION  AND,  IF  THE  VESSEL  IS
EQUIPPED  WITH  A  BALLAST  TANK, REPORT TO THE DEPARTMENT BALLAST WATER
MANAGEMENT INFORMATION USING BALLAST  WATER  REPORTING  FORMS  THAT  ARE
ACCEPTABLE  TO  THE UNITED STATES COAST GUARD OR OTHERWISE DESIGNATED BY
THE DEPARTMENT IF COAST GUARD FORMS ARE NOT AVAILABLE. THE FREQUENCY AND
MANNER OF SUCH NOTIFICATION AND REPORTING SHALL BE  ESTABLISHED  BY  THE
DEPARTMENT BY RULE.
S 17-2111. DISCHARGE/RELEASE PERMIT.
  1.  BEGINNING  JANUARY FIRST, TWO THOUSAND TEN, ALL OCEANGOING VESSELS
ENTERING, TRAVERSING OR OPERATING IN THE GREAT LAKES WATERS OF THE STATE
SHALL OBTAIN A PERMIT FROM THE DEPARTMENT.  NO  VESSEL  SUBJECT  TO  THE
REQUIREMENTS  OF  THIS SECTION MAY BE OPERATED IN THE GREAT LAKES WATERS
OF THE STATE WITHOUT SUCH PERMIT.
  2. A VESSEL SHALL BE  EXEMPT  FROM  THE  PERMIT  REQUIREMENT  OF  THIS
SECTION  ONLY IF THE OWNER OR OPERATOR OF THE VESSEL DEMONSTRATES TO THE
DEPARTMENT THAT THE VESSEL HAS NO CAPABILITY OR POTENTIAL  TO  DISCHARGE
OR  RELEASE NON-INDIGENOUS AQUATIC INVASIVE SPECIES INTO THE GREAT LAKES
WATERS OF THE STATE BY ANY VECTOR. A DESIGNATION OR CLAIM OF NO  BALLAST
ON  BOARD  (NOBOB)  SHALL  NOT BE SUFFICIENT TO EXEMPT A VESSEL FROM THE

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PERMIT REQUIREMENT OF THIS SECTION. THE DEPARTMENT  SHALL  REASSESS  THE
EXEMPT  STATUS  OF  ANY VESSEL COVERED BY THIS TITLE ANNUALLY. EXEMPTION
FROM THE PERMIT REQUIREMENTS OF THIS SECTION SHALL NOT EXEMPT  A  VESSEL
FROM  THE  NOTIFICATION  AND REPORTING OBLIGATIONS OF SECTION 17-2109 OF
THIS TITLE.
  3. UPON SUBMITTAL OF A COMPLETE APPLICATION FOR A PERMIT, THE  DEPART-
MENT  SHALL  ISSUE OR DENY A PERMIT. THE DEPARTMENT SHALL ISSUE A PERMIT
ONLY IF THE APPLICANT DEMONSTRATES TO THE DEPARTMENT THAT:
  (A) THE OPERATOR OF THE VESSEL WILL USE ENVIRONMENTALLY SOUND TECHNOL-
OGY AND METHODS PRIOR TO ENTRY INTO THE GREAT LAKES WATERS OF THE  STATE
TO PREVENT THE DISCHARGE OR RELEASE OF AQUATIC INVASIVE SPECIES; AND
  (B)  ALL  OTHER  APPLICABLE  PROCEDURAL REQUIREMENTS CONTAINED IN THIS
CHAPTER OR DESIGNATED BY RULE ARE SATISFIED.
  THE DEPARTMENT SHALL DENY A PERMIT IF THE PERMIT APPLICATION  CONTAINS
MISLEADING  OR  FALSE  INFORMATION.  ADDITIONAL  GROUNDS FOR DENIAL OF A
PERMIT SHALL BE ESTABLISHED BY THE DEPARTMENT IN RULES.
  4. AN OCEANGOING VESSEL SHALL BE DEEMED TO USE  ENVIRONMENTALLY  SOUND
TECHNOLOGY  AND  METHODS  TO PREVENT THE DISCHARGE OR RELEASE OF AQUATIC
INVASIVE SPECIES IF:
  (A) THE OPERATOR OF A VESSEL EQUIPPED WITH A BALLAST TANK:
  (I) CONDUCTS AN OPEN SEA EXCHANGE OF  BALLAST  WATER  THAT  MEETS  THE
STANDARDS SET BY THE DEPARTMENT; OR
  (II)  USES  A  BALLAST WATER TREATMENT METHOD THAT MEETS THE STANDARDS
SET BY THE DEPARTMENT; OR
  (III) USES  ALTERNATIVE  TECHNOLOGY  AND  METHODS  DETERMINED  BY  THE
DEPARTMENT  TO  BE  AT  LEAST AS EFFECTIVE AS THE TECHNOLOGY AND METHODS
DESCRIBED IN SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH  INCLUSIVE  IN
PREVENTING  AND CONTROLLING INFESTATIONS OF AQUATIC INVASIVE SPECIES VIA
BALLAST WATER; AND
  (B) THE OPERATOR OF ANY VESSEL USES TECHNOLOGY AND METHODS  DETERMINED
BY  THE  DEPARTMENT TO BE EFFECTIVE AND NECESSARY TO PREVENT AND CONTROL
INFESTATIONS OF AQUATIC INVASIVE SPECIES VIA VECTORS OTHER THAN  BALLAST
WATER.
  5.  IF  THE  DEPARTMENT ISSUES A PERMIT FOR A VESSEL, THE PERMIT SHALL
INCLUDE TERMS THAT ARE NECESSARY TO ENSURE COMPLIANCE  WITH  THIS  TITLE
AND  ASSOCIATED  RULES, REGULATIONS, STANDARDS, PROTOCOLS AND ORDERS. NO
PERSON ISSUED A PERMIT SHALL VIOLATE THE TERMS OF THE PERMIT.
  6. BY JANUARY FIRST, TWO THOUSAND TEN, THE DEPARTMENT SHALL SET STAND-
ARDS FOR THE DISCHARGE OF UNTREATED BALLAST WATER AND  ASSOCIATED  SEDI-
MENT  INTO  THE  GREAT  LAKES  WATERS OF THE STATE. SUCH STANDARDS SHALL
ENSURE THAT THE DISCHARGE OF UNTREATED BALLAST WATER POSES MINIMAL  RISK
OF  INTRODUCING NON-INDIGENOUS SPECIES. IN DEVELOPING SUCH STANDARDS THE
DEPARTMENT SHALL CONSIDER THE BEST AVAILABLE TECHNOLOGY AND  THE  EXTENT
TO  WHICH THE TECHNOLOGY IS PRACTICALLY FEASIBLE. THE STANDARDS SHALL BE
COMPATIBLE WITH STANDARDS SET BY  THE  UNITED  STATES  COAST  GUARD  AND
INTERNATIONAL  TREATIES  TO  THE EXTENT APPROPRIATE WITHOUT COMPROMISING
THE PURPOSES OF THIS TITLE.
  7. BY JANUARY FIRST, TWO THOUSAND TEN, THE DEPARTMENT SHALL SET STAND-
ARDS FOR ENVIRONMENTALLY SOUND METHODS OF  TREATING  BALLAST  WATER  AND
ASSOCIATED  SEDIMENT  THAT MAY BE DISCHARGED INTO THE GREAT LAKES WATERS
OF THE STATE. SUCH STANDARDS SHALL ENSURE THAT THE DISCHARGE OF  TREATED
BALLAST  WATER  POSES MINIMAL RISK OF INTRODUCING NON-INDIGENOUS SPECIES
AND COMPLIES WITH ALL RELEVANT STATE AND  FEDERAL  LAWS.  IN  DEVELOPING
SUCH  STANDARDS,  THE DEPARTMENT SHALL CONSIDER THE BEST AVAILABLE TECH-
NOLOGY AND THE EXTENT TO WHICH THE TECHNOLOGY IS  PRACTICALLY  FEASIBLE.
THE  STANDARDS  SHALL  BE  COMPATIBLE  WITH  STANDARDS SET BY THE UNITED

A. 6035                             8

STATES COAST GUARD AND INTERNATIONAL TREATIES TO THE EXTENT  APPROPRIATE
WITHOUT COMPROMISING THE PURPOSES OF THIS TITLE.
  8. BY JANUARY FIRST, TWO THOUSAND TEN, THE DEPARTMENT SHALL SET STAND-
ARDS FOR ENVIRONMENTALLY SOUND METHODS OF PREVENTING AND CONTROLLING THE
RELEASE  OF  AQUATIC INVASIVE SPECIES INTO THE GREAT LAKES WATERS OF THE
STATE FROM VESSELS BY VECTORS OTHER THAN BALLAST  WATER.  IN  DEVELOPING
SUCH STANDARDS THE DEPARTMENT SHALL CONSIDER THE BEST AVAILABLE TECHNOL-
OGY  AND THE EXTENT TO WHICH THE TECHNOLOGY IS PRACTICALLY FEASIBLE. THE
STANDARDS SHALL BE COMPATIBLE WITH STANDARDS SET BY  THE  UNITED  STATES
COAST GUARD AND INTERNATIONAL TREATIES TO THE EXTENT APPROPRIATE WITHOUT
COMPROMISING THE PURPOSES OF THIS TITLE.
  9.  BY  JANUARY  FIRST,  TWO  THOUSAND TEN, THE DEPARTMENT SHALL ADOPT
SAMPLING AND TESTING PROTOCOLS FOR MONITORING THE BIOLOGICAL  COMPONENTS
OF BALLAST WATER AND ASSOCIATED SEDIMENT AND OF NON-BALLAST VECTORS THAT
MAY BE DISCHARGED INTO THE GREAT LAKES WATERS OF THE STATE. THE SAMPLING
AND  TESTING  PROTOCOLS  MUST  CONSIST OF COST-EFFECTIVE, SCIENTIFICALLY
VERIFIABLE METHODS THAT, TO THE EXTENT PRACTICABLE AND  WITHOUT  COMPRO-
MISING  THE PURPOSES OF THIS TITLE, UTILIZE EASILY MEASURED INDICES THAT
INDICATE THE PRESENCE OF NON-INDIGENOUS SPECIES OR  PATHOGENIC  SPECIES.
THE  DEPARTMENT  SHALL SPECIFY APPROPRIATE QUALITY ASSURANCE AND QUALITY
CONTROL FOR THE SAMPLING AND TESTING PROTOCOLS.
  10. THE OWNER OR OPERATOR OF ANY VESSEL REQUIRING A PERMIT UNDER  THIS
SECTION  MUST  ENSURE  THAT  THE  VESSEL  UNDER ITS OWNERSHIP OR CONTROL
COMPLIES WITH THE FOLLOWING MONITORING, SAMPLING, AND REPORTING REQUIRE-
MENTS:
  (A) ALL VESSELS COVERED BY THIS SECTION MUST REPORT TO THE  DEPARTMENT
BALLAST  WATER MANAGEMENT INFORMATION, INCLUDING INDIVIDUAL BALLAST TANK
SAMPLE DATA FOR EACH VOYAGE, USING BALLAST WATER  REPORTING  FORMS  THAT
ARE  ACCEPTABLE TO THE UNITED STATES COAST GUARD OR OTHERWISE DESIGNATED
BY THE DEPARTMENT IF COAST GUARD FORMS ARE NOT AVAILABLE, IN A FREQUENCY
AND MANNER ESTABLISHED BY THE DEPARTMENT BY RULE;
  (B) A VESSEL THAT MEETS THE REPORTING REQUIREMENTS OF PARAGRAPH (A) OF
THIS SUBDIVISION SHALL BE DEEMED TO SATISFY THE  REPORTING  REQUIREMENTS
OF SECTION 17-2109 OF THIS TITLE; AND
  (C)  ALL VESSELS COVERED BY THIS SECTION MUST SUBMIT TO THE DEPARTMENT
NON-INDIGENOUS SPECIES MONITORING DATA USING THE  MONITORING,  SAMPLING,
AND TESTING PROTOCOLS ESTABLISHED BY THE DEPARTMENT BY RULE.
  11. THE DEPARTMENT SHALL USE MONITORING DATA TO MEASURE THE EFFECTIVE-
NESS  OF  EFFORTS TO PREVENT THE INTRODUCTION OF NON-INDIGENOUS SPECIES;
TO EVALUATE THE RISK OF NEW, NON-INDIGENOUS SPECIES  INTRODUCTIONS  FROM
THE  DISCHARGE OF BALLAST WATER; AND TO EVALUATE THE EFFICACY OF BALLAST
WATER EXCHANGE PRACTICES AND OTHER METHODS TO PREVENT THE  DISCHARGE  OR
RELEASE OF AQUATIC INVASIVE SPECIES.
  12.  THE  DEPARTMENT  SHALL  CONSULT  WITH FEDERAL AND STATE AGENCIES,
REGULATED INDUSTRIES AND POTENTIALLY AFFECTED PARTIES  IN  CARRYING  OUT
THE PROVISIONS OF THIS SECTION.
  13.  THE  RULES AND REGULATIONS ADOPTED BY THE DEPARTMENT TO IMPLEMENT
THIS TITLE AND THE PROVISIONS OF ARTICLE 70 OF THIS  CHAPTER  AND  RULES
AND  REGULATIONS  THEREUNDER SHALL GOVERN PERMIT APPLICATIONS, ISSUANCE,
DENIAL, RENEWALS, MODIFICATIONS, SUSPENSIONS,  REVOCATIONS  AND  REISSU-
ANCES UNDER THIS TITLE.
  14.  THE  APPLICABLE  PROCEDURES  PROVIDED  IN TITLE 9 OF THIS ARTICLE
SHALL APPLY TO THIS SECTION.
  15. TO CARRY OUT THE PURPOSES OF THIS SECTION OR ANY RULE, REGULATION,
ORDER, OR PERMIT ISSUED THEREUNDER, THE  DEPARTMENT  OR  ITS  AUTHORIZED

A. 6035                             9

REPRESENTATIVE,  UPON  PRESENTATION OF APPROPRIATE CREDENTIALS, SHALL AT
REASONABLE TIMES:
  (A)  HAVE  A RIGHT OF ENTRY TO, UPON, OR THROUGH ANY VESSEL SUBJECT TO
THE PERMIT REQUIREMENT OF THIS SECTION, FOR THE  PURPOSE  OF  INSPECTING
AND  INVESTIGATING  CONDITIONS  RELATING TO THE DISCHARGE OR RELEASE, OR
POSSIBLE DISCHARGE OR RELEASE, OF AQUATIC INVASIVE  SPECIES  INTO  GREAT
LAKES WATERS OF THE STATE;
  (B)  HAVE ACCESS TO EXAMINE AND COPY ANY RECORDS OR MEMORANDA REQUIRED
TO BE MAINTAINED UNDER THIS SECTION;
  (C) HAVE ACCESS TO INSPECT ANY MONITORING EQUIPMENT OR METHOD WHICH IS
REQUIRED UNDER THIS SECTION;
  (D) HAVE ACCESS TO SAMPLE BALLAST WATER AND  SEDIMENT  AND  TO  SAMPLE
OTHER  LOCATIONS ON THE VESSEL THAT THE DEPARTMENT DETERMINES ARE NECES-
SARY TO ASSESS COMPLIANCE WITH PERMIT TERMS AND THE REQUIREMENTS OF THIS
SECTION; AND
  (E) MAKE OTHER APPROPRIATE INQUIRIES TO ASSESS THE COMPLIANCE  OF  ANY
VESSEL WITH PERMIT TERMS AND THE REQUIREMENTS OF THIS SECTION.
  16.  THE  DEPARTMENT  IS  AUTHORIZED TO ESTABLISH A REASONABLE FEE FOR
PROCESSING OF PERMIT APPLICATIONS AND ISSUANCE  OF  PERMITS  UNDER  THIS
SECTION TO COMPENSATE THE DEPARTMENT FOR ITS EXPENSES.
  17.  THE  SCHEDULE  OF  ANNUAL  PERMIT FEES UNDER THE AQUATIC INVASIVE
SPECIES CONTROL PROGRAM SHALL BE THE FEES SPECIFIED IN TITLE 12 OF ARTI-
CLE 72 OF THIS CHAPTER.
S 17-2113. ENFORCEMENT; VIOLATIONS AND PENALTIES.
  1. EXCEPT AS LIMITED BY SUBDIVISIONS TWO  THROUGH  FIVE  INCLUSIVE  OF
THIS  SECTION,  THE  PROCEDURES  PROVIDED  IN SECTIONS 71-1927, 71-1929,
71-1931 AND 71-1935 AND THE APPLICABLE SECTIONS OF TITLE 9 OF THIS ARTI-
CLE SHALL APPLY TO ENFORCEMENT UNDER THIS TITLE.
  2. EXCEPT AS LIMITED BY SUBDIVISION THREE OF THIS SECTION, THE COMMIS-
SIONER OR THE COMMISSIONER'S DESIGNEE MAY  IMPOSE  A  CIVIL  PENALTY  OR
WARNING  FOR  A VIOLATION OF THE REQUIREMENTS OF THIS TITLE ON THE OWNER
OR OPERATOR OF A VESSEL  WHO  FAILS  TO  COMPLY  WITH  THE  REQUIREMENTS
IMPOSED  UNDER  SECTIONS  17-2109 AND 17-2111 OF THIS TITLE. THE PENALTY
SHALL NOT EXCEED TWENTY-FIVE THOUSAND DOLLARS FOR EACH VIOLATION.
  3. THE CIVIL PENALTY  FOR  A  VIOLATION  OF  MONITORING,  SAMPLING  OR
REPORTING REQUIREMENTS OF SECTION 17-2111 OF THIS TITLE SHALL NOT EXCEED
TEN THOUSAND DOLLARS FOR EACH VIOLATION.
  4.  ANY OWNER OR OPERATOR OR ANY MARINE TRADE ASSOCIATION WHO KNOWING-
LY, AND WITH INTENT TO DECEIVE, FALSIFIES  A  BALLAST  WATER  MANAGEMENT
REPORT FORM IS LIABLE FOR A CIVIL PENALTY IN AN AMOUNT NOT TO EXCEED ONE
HUNDRED  THOUSAND  DOLLARS  FOR EACH VIOLATION, AND SUCH VIOLATION SHALL
CONSTITUTE GROUNDS FOR REVOCATION  OF  A  PERMIT  ISSUED  UNDER  SECTION
17-2111 OF THIS TITLE.
  5.  IN ASSESSING THE AMOUNT OF ANY SUCH CIVIL PENALTY THE COMMISSIONER
OR COURT SHALL CONSIDER:
  (A) THE TYPE, EXTENT AND AMOUNT OF DAMAGE AND THE QUALITY  AND  NATURE
OF RISKS CREATED BY THE VIOLATION;
  (B)  WHETHER  THE VIOLATION WAS INTENTIONAL, NEGLIGENT, OR WITHOUT ANY
FAULT;
  (C) THE DEGREE OF CARE TAKEN BY OR ON BEHALF OF THE PARTY  CHARGED  TO
PREVENT THE OCCURRENCE OF THE VIOLATION;
  (D) THE EFFORTS MADE BY OR ON BEHALF OF THE PARTY CHARGED TO REDUCE OR
MITIGATE THE DAMAGE WHICH RESULTED FROM THE VIOLATION.
  6.  SUCH  PENALTIES  OR  REIMBURSEMENTS  OR BOTH DUE THE PEOPLE OF THE
STATE BY REASON OF THE LIABILITY PROVIDED IN SUBDIVISIONS TWO, THREE AND
FOUR OF THIS SECTION MAY BE ASSESSED BY THE COMMISSIONER BY ORDER  AFTER

A. 6035                            10

A  HEARING  OR HEARINGS NOTICED AND CONDUCTED AND REVIEWABLE AS PROVIDED
IN TITLE 9 OF THIS ARTICLE.
  7.  IF THE DEPARTMENT PREVAILS USING ANY JUDICIAL PROCESS TO COLLECT A
PENALTY UNDER THIS SECTION, THE DEPARTMENT SHALL  ALSO  BE  AWARDED  ITS
COSTS AND REASONABLE ATTORNEY'S FEES.
S 17-2115. AQUATIC INVASIVE SPECIES CONTROL FUND.
  1.  ALL  MONEYS, FEES, FINES AND PENALTIES ARISING OUT OF THE ADMINIS-
TRATION AND ENFORCEMENT OF THIS TITLE SHALL BE DEPOSITED  IN  THE  STATE
TREASURY  AND  CREDITED  TO  THE AQUATIC   INVASIVE SPECIES CONTROL FUND
ESTABLISHED BY SECTION 83-A OF THE STATE FINANCE LAW AND SHALL BE AVAIL-
ABLE FOR THE USES AND PURPOSES OF SUCH FUND.
  2. MONEY IN THE FUND SHALL BE USED BY THE COMMISSIONER FOR THE FOLLOW-
ING:
  (A) TO PREVENT THE INTRODUCTION  OF AQUATIC INVASIVE SPECIES INTO  THE
GREAT LAKES WATERS OF THE STATE;
  (B)  TO CONTROL THE SPREAD OF AQUATIC INVASIVE SPECIES INTRODUCED INTO
THE GREAT LAKES WATERS OF THE STATE PRIOR TO THE EFFECTIVE DATE OF  THIS
SECTION;
  (C)  TO RECLAIM AND REHABILITATE AQUATIC RESOURCES IMPACTED OR INJURED
BY AQUATIC INVASIVE SPECIES; AND
  (D) TO ADMINISTER THIS TITLE AND THE  RULES  AND  REGULATIONS  ADOPTED
UNDER THIS TITLE.
  S 9. Paragraphs (l) and (m) of subdivision 3 of section 70-0107 of the
environmental conservation law, paragraph (l) as added by chapter 723 of
the  laws  of 1977, paragraph (m) as added by chapter 841 of the laws of
1981, are amended and a new paragraph (n) is added to read as follows:
  (l) collection, treatment and disposal of refuse and other solid waste
(article twenty-seven); [and]
  (m) coastal erosion hazard areas (article thirty-four)[.];
  (N) AQUATIC INVASIVE SPECIES  CONTROL  (TITLE  TWENTY-ONE  OF  ARTICLE
SEVENTEEN).
  S 10. The title heading of title 19 of article 71 of the environmental
conservation  law,  as  amended  by  chapter 400 of the laws of 1973, is
amended to read as follows:
         ENFORCEMENT OF TITLES 1 THROUGH 11 AND 15 THROUGH [19] 21
           INCLUSIVE OF ARTICLE 17 AND SPILLS OF BULK LIQUIDS
  S 11. Section 71-1901 of the environmental conservation law is amended
to read as follows:
S 71-1901. Applicability of this title.
  In addition to the provisions of section 71-0101 and 71-0301 and title
17 of this article, the provisions of this title shall be applicable  to
the  enforcement of titles 1 through 11 and 15 through [19] 21 inclusive
of article 17.
  S 12. Section 71-1927 of the environmental conservation law is amended
to read as follows:
S 71-1927. Enforcement of titles 1  through  11  inclusive  and  [title]
             TITLES 19 AND 21 of article 17.
  The commissioner is hereby authorized to:
  1.  Institute or cause to be instituted in a court of competent juris-
diction proceedings to compel compliance with the provisions of titles 1
through 11 inclusive and [title] TITLES 19 AND 21 of article 17  or  the
determinations and orders of the commissioner.
  2.  Settle  or  compromise, with the approval of the Attorney General,
any action or cause of action for the recovery of a penalty under titles
1 through 11 inclusive and [title] TITLES 19 AND 21 of article 17 as  he
may deem advantageous to the state.

A. 6035                            11

  S  13. Subdivision 1 of section 71-1929 of the environmental conserva-
tion law, as amended by section 37 of part C of chapter 62 of  the  laws
of 2003, is amended to read as follows:
  1.  A  person  who  violates any of the provisions of, or who fails to
perform any duty imposed by titles 1 through 11  inclusive  and  [title]
TITLES  19  AND  21  of article 17, or the rules, regulations, orders or
determinations of the commissioner promulgated thereto or the  terms  of
any  permit  issued  thereunder,  shall be liable to a penalty of not to
exceed thirty-seven thousand five  hundred  dollars  per  day  for  each
violation,  and,  in  addition thereto, such person may be enjoined from
continuing such violation as hereinafter provided. Violation of a permit
condition shall constitute grounds for revocation of such permit,  which
revocation  may  be  accomplished  either  as provided in paragraph f of
subdivision 4 of section 17-0303 OF THIS CHAPTER or by order of judgment
of the supreme court as an alternate or additional civil penalty  in  an
action brought pursuant to subdivision 3 of this section.
  S  14.  Section  71-1931  of  the  environmental  conservation law, as
amended by chapter 360 of the laws  of  1988,  is  amended  to  read  as
follows:
S 71-1931. Injunctions.
  It  shall  be the duty of the Attorney General upon the request of the
commissioner to bring an action for an  injunction  against  any  person
violating  any  of  the  provisions of titles 1 through 11 inclusive and
[title] TITLES 19 AND 21 of article 17 or violating any  rule  or  regu-
lation  promulgated  pursuant  thereto, or any order or determination of
the commissioner or a condition of any certificate or permit  issued  by
the  department;  provided,  however, that the department or the commis-
sioner shall furnish the Attorney General with such material,  evidenti-
ary  matter or proof as may be requested by the Attorney General for the
prosecution of such an action. In any action for an  injunction  brought
pursuant  hereto  any  finding of the commissioner or hearing officer or
panel appointed and designated by the commissioner shall be prima  facie
evidence of the fact or facts found therein.
  S  15.  Section  71-1935  of  the  environmental  conservation law, as
amended by chapter 360 of the laws  of  1988,  is  amended  to  read  as
follows:
S 71-1935. Emergencies excepted.
  The  civil  and  criminal  liabilities imposed by sections 71-1929 and
71-1933 of this title upon persons violating the provisions of titles  1
through  11  inclusive and [title] TITLES 19 AND 21 of article 17 and by
sections 71-1929 and 71-1933 of this title shall  not  be  construed  to
include  any  violation  which was caused by an act of God, war, strike,
riot or other catastrophe as to which negligence or  willful  misconduct
on the part of such person was not the proximate cause.
  S  16.  Article 72 of the environmental conservation law is amended by
adding a new title 12 to read as follows:

                                TITLE 12
              AQUATIC INVASIVE SPECIES CONTROL PROGRAM FEE

SECTION 72-1201. DEFINITIONS.
        72-1202. AQUATIC INVASIVE SPECIES CONTROL PROGRAM FEES.

S 72-1201. DEFINITIONS.
  WHEN USED IN THIS TITLE:

A. 6035                            12

  (A) "AQUATIC INVASIVE SPECIES CONTROL PROGRAM" MEANS THOSE  ACTIVITIES
OF THE DEPARTMENT AS SPECIFIED IN TITLE 21 OF ARTICLE 17 OF THIS CHAPTER
RELATED  TO  DISCHARGES INTO THE GREAT LAKES AND ANY RELATED ENFORCEMENT
ACTIVITIES.
  (B)  "PERSON"  OR  "PERSONS"  MEANS  ANY INDIVIDUAL, PUBLIC OR PRIVATE
CORPORATION, POLITICAL  SUBDIVISION,  GOVERNMENT  AGENCY,  MUNICIPALITY,
INDUSTRY,  CO-PARTNERSHIP, ASSOCIATION, FIRM, TRUST, ESTATE OR ANY OTHER
LEGAL ENTITY WHATSOEVER.
S 72-1202. AQUATIC INVASIVE SPECIES CONTROL PROGRAM FEES.
  ALL PERSONS ISSUED A PERMIT PURSUANT TO THE AQUATIC  INVASIVE  SPECIES
CONTROL PROGRAM AS DEFINED IN SECTION 72-1201 OF THIS TITLE SHALL SUBMIT
ANNUALLY TO THE DEPARTMENT A FEE IN THE AMOUNT OF ONE THOUSAND DOLLARS.
  S 17. The state finance law is amended by adding a new section 83-a to
read as follows:
  S 83-A. AQUATIC INVASIVE SPECIES CONTROL FUND.  THERE IS HEREBY ESTAB-
LISHED IN THE CUSTODY OF THE STATE COMPTROLLER A FUND TO BE KNOWN AS THE
"AQUATIC  INVASIVE SPECIES CONTROL FUND". SUCH FUND SHALL CONSIST OF ALL
MONEYS BELONGING TO THE STATE RECEIVED BY  THE  DEPARTMENT  OF  ENVIRON-
MENTAL CONSERVATION FROM THE PERMIT APPLICATION FEES, ANNUAL PERMIT FEES
UNDER  THE  AQUATIC  INVASIVE  SPECIES  CONTROL  PROGRAM, AND ALL MONEYS
RECEIVED IN ACTIONS FOR  PENALTIES  OR  REIMBURSEMENTS,  AND  ALL  OTHER
MONEYS  ARISING  OUT  OF  THE  APPLICATION OF ANY PROVISIONS UNDER TITLE
TWENTY-ONE OF ARTICLE SEVENTEEN OF THE ENVIRONMENTAL  CONSERVATION  LAW.
THESE MONEYS, AFTER APPROPRIATION BY THE LEGISLATURE, SHALL BE AVAILABLE
TO  THE  DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR THE ADMINISTRATION
AND ENFORCEMENT OF THE AQUATIC INVASIVE SPECIES CONTROL PROGRAM, FOR THE
PREVENTION AND CONTROL OF AQUATIC INVASIVE  SPECIES  INTRODUCTIONS,  FOR
REHABILITATION  OF  RESOURCES  IMPACTED  OR  INJURED BY AQUATIC INVASIVE
SPECIES, AND FOR ALL OTHER PROPER EXPENSES OF THE DEPARTMENT OF ENVIRON-
MENTAL CONSERVATION IN THE ADMINISTRATION OF  THE  PROVISIONS  OF  TITLE
TWENTY-ONE OF ARTICLE SEVENTEEN OF THE ENVIRONMENTAL CONSERVATION LAW.
  S 18. This act shall take effect one year after it shall have become a
law;  provided  that  the department of environmental conservation shall
promulgate any and all rules and regulations necessary for the implemen-
tation of this act within 180 days after the date of enactment  of  this
act.