senate Bill S1677

2013-2014 Legislative Session

Relates to increasing liability for petroleum discharge

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to environmental conservation
Jan 09, 2013 referred to environmental conservation

S1677 - Details

Current Committee:
Law Section:
Navigation Law
Laws Affected:
Amd §181, Nav L
Versions Introduced in 2011-2012 Legislative Session:
S4551

S1677 - Summary

Relates to increasing liability for petroleum discharge.

S1677 - Sponsor Memo

S1677 - Bill Text download pdf

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

                                  1677

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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

AN ACT to amend the navigation law, in relation to increasing  liability
  for the discharge of petroleum

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

  Section 1. Subdivision 3 of section 181  of  the  navigation  law,  as
amended by chapter 584 of the laws of 1992, subparagraphs (ii) and (iii)
of  paragraph (e) as amended by chapter 585 of the laws of 1992 and such
subparagraphs as further amended by section 104 of part A of chapter  62
of the laws of 2011, is amended to read as follows:
  3.  (a)  The owner or operator of a major facility or vessel which has
discharged petroleum shall be strictly liable, without regard to  fault,
subject  to the defenses enumerated in subdivision four of this section,
for all cleanup and removal costs and all direct  and  indirect  damages
paid  by the fund. However, the cleanup and removal costs and direct and
indirect damages which may be recovered by the fund with respect to each
incident shall not exceed:
  (i) for a tank vessel, the greater of:
  (1) [one] TWO thousand [two hundred] dollars per gross ton; or
  (2) (A) in the case of a vessel  greater  than  three  thousand  gross
tons, [ten] SIXTEEN million dollars; or
  (B) in the case of a vessel [or] OF three thousand gross tons or less,
[two] THREE million dollars;
  (ii) for any other vessel subject to the liability limits set forth in
the  Federal  Oil  Pollution  Act of 1990 (33 U.S.C. 2701 et seq.), [six
hundred] ONE THOUSAND dollars per gross  ton  or  [five]  EIGHT  hundred
thousand dollars, whichever is greater;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04618-01-3

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