|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to environmental conservation|
|Jan 09, 2013||referred to environmental conservation|
senate Bill S1677
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1677 - Details
- Law Section:
- Navigation Law
- Laws Affected:
- Amd §181, Nav L
- Versions Introduced in 2011-2012 Legislative Session:
S1677 - Sponsor Memo
BILL NUMBER:S1677 TITLE OF BILL: An act to amend the navigation law, in relation to increasing liability for the discharge of petroleum PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to update certain liability provisions of the State Oil Spill fund. SUMMARY OF SPECIFIC PROVISIONS: This bill would increase the ability of the oil spill to recover clean up costs and damages that are caused by an oil spill. EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Amends § 181(3) of the Navigation Law. JUSTIFICATION: The New York Environmental Protection and Spill Compensation Fund, commonly referred to as the Oil Spill Fund, was established in 1977 to expedite clean ups and address oil spills not covered by the federal legislation. The Federal Oil Pollution Act of 1990 established liability limits for entities subject to the federal reporting requirements and included a provision to update liability limits automatically based on changes in the Consumer Price Index. The accompanying regulation indicated that such changes were necessary to "preserve the deterrent effect and polluter pays principle embodied in the OPA 90 liability provisions."
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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