NY State Senate Bill 2017-S5197B

Senate Bill S5197B

Signed By Governor

2017-2018 Legislative Session

Relates to consideration of environmental conditions when permitting petroleum-bearing vessels to operate on the Hudson River

download bill text pdf

Archive: Last Bill Status Via A6825 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 23, 2017	signed chap.351
Oct 11, 2017	delivered to governor
Jun 21, 2017	returned to assembly passed senate 3rd reading cal.2210 substituted for s5197b
Jun 21, 2017	substituted by a6825a ordered to third reading cal.2210
Jun 08, 2017	print number 5197b
Jun 08, 2017	amend (t) and recommit to rules
Jun 07, 2017	reported and committed to rules
May 31, 2017	print number 5197a
May 31, 2017	amend (t) and recommit to environmental conservation
Mar 13, 2017	referred to environmental conservation

Votes

- Jun 21, 2017 - Floor Vote
  A6825
  
  61
  
  Aye
  
  1
  
  Nay
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 21, 2017
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (1)
      
      Croci
      
      absent (1)
      
      Sanders Jr.
  Jun 21, 2017 - Rules Committee Vote
  S5197B
  
  22
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 21, 2017
      
      aye (22)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Parker
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Squadron
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (3)
      
      Krueger
      
      LaValle
      
      Montgomery
  Jun 7, 2017 - Environmental Conservation Committee Vote
  S5197B
  
  9
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: Jun 7, 2017
      
      aye (9)
      
      Avella
      
      Hoylman-Sigal
      
      Kaminsky
      
      Latimer
      
      Little
      
      Marcellino
      
      Ortt
      
      Phillips
      
      Tedisco
      
      aye wr (3)
      
      Addabbo Jr.
      
      Funke
      
      O'Mara
      
      excused (1)
      
      LaValle

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2017-S5197 - Details

See Assembly Version of this Bill:: A6825
Law Section:: Navigation Law
Laws Affected:: Add §70-a, Nav L

2017-S5197 - Summary

Relates to consideration of environmental conditions when permitting petroleum-bearing vessels to operate on the Hudson River.

2017-S5197 - Sponsor Memo

                                 BILL NUMBER:  S5197

 TITLE OF BILL :

An act to amend the environmental conservation law and the navigation
law, in relation to consideration of environmental conditions when
permitting petroleum-bearing vessels to enter navigable waters; and
repealing section seventy-one of the navigation law relating to the
petroleum-bearing vessel advisory commission

 PURPOSE :

To update the factors used to determine the conditions under which
petroleum-bearing vessels may enter or move upon navigable waters of
the state, as well as for establishing tanker-avoidance zones.

 SUMMARY OF PROVISIONS :

Section 1: Adds a new subdivision to section 33-0303 of the
environmental conservation law relating to the powers and duties of
the commissioner regarding the guidelines for the establishment of
conditions for petroleum-bearing vessels to enter or move upon
navigable waters of the state, as well as tanker-avoidance zones.

Section 2: Amends section 70 of the navigation law to provide that the
Commissioner of the NYS Department of Environmental Conservation may

also work in consultation with the Department of State and the Office
of Parks, Recreation and Historic Preservation with regards to the
establishment of conditions for petroleum-bearing vessels to enter or
move upon navigable waters of the state, as well as tanker-avoidance
zones. Adds that environmental conditions such as the existence of
designated significant coastal fish and wildlife habitats and
proximity to waterfront communities shall be considered when making
such considerations. Also removes reference to the petroleum-bearing
vessel advisory commission.

Section 3: Repeals section 71 of the navigation law relating to the
petroleum-bearing, vessel advisory commission.

Section 4: Amends section 172 of the navigation law to add tank
vessels, barges and tug-barge combinations to the definition of
"petroleum-bearing vessel."

Section 5: Establishes the effective date.

 JUSTIFICATION :

The United States Coast Guard issued an Advance Notice of Proposed
Rulemaking to establish 10 new anchorage grounds which could
potentially create 43 new vessel berths in the Hudson River between
Kingston and Yonkers. The proposed plan raises economic and health and
safety concerns and it is important that New York State is able to
take appropriate factors into account when determining the use of its
navigable waters.

The Hudson River and surrounding waterfronts are the lifeblood of the
communities through which it passes, and members of these communities
have expressed their fear that, in addition to potential accidents,
their scenic waterfronts could be transformed into parking lots for
unsightly barges. This legislation will enhance the State's ability to
protect its communities and to preserve the natural integrity of the
region.

 LEGISLATIVE HISTORY :

New bill.
 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S5197 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5197
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 13, 2017
                                ___________
 
 Introduced  by Sens. SERINO, AMEDORE, CARLUCCI -- read twice and ordered
   printed, and when printed to be committed to the Committee on Environ-
   mental Conservation
 
 AN ACT to amend the environmental conservation law  and  the  navigation
   law,  in  relation  to  consideration of environmental conditions when
   permitting petroleum-bearing vessels to enter  navigable  waters;  and
   repealing  section  seventy-one  of the navigation law relating to the
   petroleum-bearing vessel advisory commission
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  33-0303 of the environmental conservation law is
 amended by adding a new subdivision 8 to read as follows:
   8. THE COMMISSIONER IN  CONSULTATION  WITH  THE  UNITED  STATES  COAST
 GUARD,  THE  BOARD  OF COMMISSIONERS OF PILOTS, THE DEPARTMENT OF STATE,
 THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION AND  APPROPRI-
 ATE  OFFICIALS OF ANY STATE OR COUNTRY, MAY ESTABLISH GUIDELINES FOR THE
 PURPOSE OF CARRYING OUT THE PROVISIONS OF SECTION SEVENTY OF THE NAVIGA-
 TION LAW.
   § 2. Section 70 of the navigation law, as added by chapter 898 of  the
 laws of 1990, is amended to read as follows:
   §  70.  Minimum  conditions  for  petroleum-bearing vessels in certain
 areas; tanker-avoidance zones.  1.  The  commissioner  of  environmental
 conservation in consultation with [the petroleum-bearing vessel advisory
 commission  established  in  section  seventy-one  of this article,] the
 United States Coast Guard, the board of  commissioners  of  pilots,  THE
 DEPARTMENT  OF STATE, THE OFFICE OF PARKS, RECREATION AND HISTORIC PRES-
 ERVATION and appropriate officials of any state or country with  concur-
 rent  jurisdiction  over  water  bodies which might be affected, through
 rule and regulation may establish standards setting forth:
   (a) the minimum conditions under which  petroleum-bearing  vessels  as
 defined  in section one hundred seventy-two of this chapter may enter or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10512-03-7

 S. 5197                             2
 
 move upon the navigable waters of the state and any tidewaters bordering
 on or lying within the boundaries of Nassau and Suffolk  counties.  Such
 conditions  may include, but not be limited to, visibility, the tide and
 wind  conditions  [and],  weather,  ENVIRONMENTAL CONDITIONS SUCH AS THE
 EXISTENCE OF DESIGNATED SIGNIFICANT COASTAL FISH AND  WILDLIFE  HABITATS
 AND PROXIMITY TO WATERFRONT COMMUNITIES; and
   (b)  the  minimum conditions under which petroleum-bearing vessels may
 enter or leave any major facility, port or harbor. Such  conditions  may
 include, but not be limited to, visibility, the tide and wind conditions
 [and], weather, ENVIRONMENTAL CONDITIONS SUCH AS THE EXISTENCE OF DESIG-
 NATED  SIGNIFICANT  COASTAL  FISH AND WILDLIFE HABITATS AND PROXIMITY TO
 WATERFRONT COMMUNITIES.
   2. The commissioner of environmental conservation may, in consultation
 with [the petroleum-bearing vessel advisory  commission  established  in
 section seventy-one of this article,] the United States Coast Guard, the
 board of commissioners of pilots, THE DEPARTMENT OF STATE, THE OFFICE OF
 PARKS, RECREATION AND HISTORIC PRESERVATION and appropriate officials of
 any  state  or  country  with  concurrent jurisdiction over water bodies
 which might be affected,  establish  tanker-avoidance  zones,  where  it
 shall  be  unlawful  for petroleum-bearing vessels as defined in section
 one hundred seventy-two of this chapter, to enter [or], move  OR  ANCHOR
 upon the navigable waters of the state or any tidewaters bordering on or
 lying  within  the  boundaries of Nassau and Suffolk counties, EXCEPT IN
 CASES OF GREAT EMERGENCY. SUCH TANKER-AVOIDANCE ZONES MAY BE BASED  UPON
 PHYSICAL  AND  ENVIRONMENTAL  CONDITIONS  WHICH MAY INCLUDE, BUT ARE NOT
 LIMITED TO, NAVIGATIONAL HAZARDS, ENVIRONMENTAL CONDITIONS SUCH  AS  THE
 EXISTENCE  OF  DESIGNATED SIGNIFICANT COASTAL FISH AND WILDLIFE HABITATS
 AND PROXIMITY TO WATERFRONT COMMUNITIES.
   § 3. Section 71 of the navigation law is REPEALED.
   § 4. Subdivision 15-a of section 172 of the navigation law,  as  added
 by chapter 898 of the laws of 1990, is amended to read as follows:
   15-a.  "Petroleum-bearing vessel" means any vessel transporting petro-
 leum in commercial quantities as cargo  or  any  vessel  constructed  or
 adapted  for  the carriage of petroleum in bulk, INCLUDING TANK VESSELS,
 BARGES AND TUG-BARGE COMBINATIONS;
   § 5. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2017-S5197A - Details

See Assembly Version of this Bill:: A6825
Law Section:: Navigation Law
Laws Affected:: Add §70-a, Nav L

2017-S5197A - Summary

Relates to consideration of environmental conditions when permitting petroleum-bearing vessels to operate on the Hudson River.

2017-S5197A - Sponsor Memo

                                 BILL NUMBER:  S5197A

 TITLE OF BILL :  An act to amend the environmental conservation law
and the navigation law, in relation to consideration of environmental
conditions when permitting petroleum-bearing vessels to enter
navigable waters

 PURPOSE :

To establish factors used to determine the conditions under which
petroleum-bearing vessels may enter or move upon navigable waters of
the Hudson River, as well as for establishing tanker-avoidance zones
along the river.

 SUMMARY OF PROVISIONS :

Section 1: Amends subdivision 2 of section 3-0301 of the environmental
conservation law relating to the powers and duties of the commissioner
regarding the guidelines for the establishment of conditions for
petroleum-bearing vessels to enter or move upon navigable waters of
the state, as well as tanker-avoidance zones.

Section 2: Adds a new section 70-a of the navigation law to provide
that the Commissioner of the NYS Department of Environmental
Conservation may work in consultation with the United States Coast
Guard, the Board of Commissioners of Pilots, the Department of State,

the Office of Parks, Recreation and Historic Preservation and at least
one licensed Hudson River Pilot with regards to the establishment
guidelines setting forth the conditions for petroleum-bearing vessels
to enter or move upon navigable waters of the Hudson River, as well as
tanker-avoidance zones. Also adds conditions that may be considered
for such guidelines, and requires the Commissioner of Environmental
Conservation, in consultation with those referenced above, to submit a
report on any proposed rulemaking from the United States Coast Guard
that would impact the Hudson River within 120 days of this act taking
effect.

Section 3: Adds a new subdivision 4-a to section 2 of the navigation
law to define "Navigable waters of the Hudson river."

Section 4: Establishes the effective date.

 JUSTIFICATION :

The United States Coast Guard issued an Advance Notice of Proposed
Rulemaking to establish 10 new anchorage grounds which could
potentially create 43 new vessel berths in the Hudson River between
Kingston and Yonkers. The proposed plan raises economic and health and
safety concerns and it is important that New York State is able to
take appropriate factors into account when determining the use of its
navigable waters.

The Hudson River and surrounding waterfronts are the lifeblood of the
communities through which it passes, and members of these communities
have expressed their fear that, in addition to potential accidents,
their scenic waterfronts could be transformed into parking lots for
unsightly barges. This legislation will enhance the State's ability to
protect its communities and to preserve the natural integrity of the
region.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S5197A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5197--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 13, 2017
                                ___________
 
 Introduced by Sens. SERINO, ALCANTARA, AMEDORE, AVELLA, CARLUCCI, KRUEG-
   ER,  LATIMER -- read twice and ordered printed, and when printed to be
   committed to the Committee on Environmental Conservation --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN  ACT  to  amend the environmental conservation law and the navigation
   law, in relation to consideration  of  environmental  conditions  when
   permitting petroleum-bearing vessels to enter navigable waters
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision  2  of  section  3-0301  of  the  environmental
 conservation  law  is  amended  by  adding a new paragraph dd to read as
 follows:
   DD. CONSULT WITH THE UNITED STATES COAST GUARD, THE BOARD  OF  COMMIS-
 SIONERS  OF PILOTS, THE DEPARTMENT OF STATE, THE OFFICE OF PARKS, RECRE-
 ATION AND HISTORIC PRESERVATION, THE CHAIRPERSON OF THE  PETROLEUM-BEAR-
 ING VESSEL ADVISORY COMMISSION, AT LEAST ONE LICENSED HUDSON RIVER PILOT
 AND  APPROPRIATE  OFFICIALS OF ANY STATE OR COUNTRY, TO ESTABLISH STAND-
 ARDS FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF SECTIONS  SEVENTY
 AND  SEVENTY-A OF THE NAVIGATION LAW.  THE COMMISSIONER IS AUTHORIZED TO
 PROMULGATE ANY RULES, REGULATIONS OR PROCEDURES WHICH MAY BE  NECESSARY,
 CONVENIENT, OR DESIRABLE TO IMPLEMENT THE PROVISIONS OF SUCH SECTIONS OF
 LAW.
   §  2.  The  navigation  law is amended by adding a new section 70-a to
 read as follows:
   § 70-A. MINIMUM CONDITIONS FOR PETROLEUM-BEARING VESSELS ON THE HUDSON
 RIVER; TANKER-AVOIDANCE ZONES.  1.  THE  COMMISSIONER  OF  ENVIRONMENTAL
 CONSERVATION  IN  CONSULTATION  WITH  THE UNITED STATES COAST GUARD, THE
 BOARD OF COMMISSIONERS OF PILOTS, THE DEPARTMENT OF STATE, THE OFFICE OF
 PARKS, RECREATION AND  HISTORIC  PRESERVATION,  AT  LEAST  ONE  LICENSED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10512-12-7

 S. 5197--A                          2
 
 HUDSON RIVER PILOT AND APPROPRIATE OFFICIALS OF ANY STATE WHICH MIGHT BE
 AFFECTED, MAY ESTABLISH GUIDELINES SETTING FORTH:
   (A)  THE  MINIMUM  CONDITIONS UNDER WHICH PETROLEUM-BEARING VESSELS AS
 DEFINED IN SECTION ONE HUNDRED SEVENTY-TWO OF THIS CHAPTER MAY ENTER  OR
 MOVE  UPON THE NAVIGABLE WATERS OF THE HUDSON RIVER. SUCH CONDITIONS MAY
 INCLUDE, BUT NOT BE LIMITED TO: (I) VISIBILITY; (II) THE TIDE  AND  WIND
 CONDITIONS; (III) WEATHER; (IV) ENVIRONMENTAL CONDITIONS; (V) THE EXIST-
 ENCE  OF DESIGNATED SIGNIFICANT COASTAL FISH AND WILDLIFE HABITATS; (VI)
 PROXIMITY TO WATERFRONT COMMUNITIES; (VII) DISPROPORTIONATE  IMPACTS  ON
 COMMUNITIES;  (VIII)  ENVIRONMENTAL  JUSTICE  COMMUNITIES  IMPACTS; (IX)
 FEDERALLY OR STATE IDENTIFIED ENVIRONMENTAL REMEDIATION SITES;  AND  (X)
 CONSIDERATION  OF AN AFFECTED COMMUNITY'S WATERFRONT REVITALIZATION PLAN
 OR COMPREHENSIVE PLAN; AND
   (B) THE MINIMUM CONDITIONS UNDER WHICH PETROLEUM-BEARING  VESSELS  MAY
 ENTER  OR  LEAVE  ANY  MAJOR  FACILITY,  PORT OR HARBOR ALONG THE HUDSON
 RIVER. SUCH CONDITIONS MAY INCLUDE, BUT ARE NOT BE LIMITED TO: (I) VISI-
 BILITY; (II) THE TIDE AND WIND CONDITIONS; (III) WEATHER; (IV)  ENVIRON-
 MENTAL  CONDITIONS;  (V) THE EXISTENCE OF DESIGNATED SIGNIFICANT COASTAL
 FISH AND WILDLIFE HABITATS; (VI) PROXIMITY  TO  WATERFRONT  COMMUNITIES;
 (VII)  DISPROPORTIONATE  IMPACTS  ON  COMMUNITIES;  (VIII) ENVIRONMENTAL
 JUSTICE COMMUNITIES IMPACTS; (IX) FEDERALLY OR STATE IDENTIFIED ENVIRON-
 MENTAL REMEDIATION SITES; AND (X) CONSIDERATION OF AN AFFECTED  COMMUNI-
 TY'S WATERFRONT REVITALIZATION PLAN OR COMPREHENSIVE PLAN.
   2. THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION MAY, IN CONSULTATION
 WITH  THE  UNITED  STATES  COAST  GUARD,  THE  BOARD OF COMMISSIONERS OF
 PILOTS, THE DEPARTMENT OF STATE, THE OFFICE  OF  PARKS,  RECREATION  AND
 HISTORIC  PRESERVATION,  AT LEAST ONE HUDSON RIVER PILOT AND APPROPRIATE
 OFFICIALS OF ANY STATE WHICH MIGHT BE AFFECTED,  ESTABLISH  TANKER-AVOI-
 DANCE ZONES, WHERE IT SHALL BE UNLAWFUL FOR PETROLEUM-BEARING VESSELS AS
 DEFINED  IN  SECTION  ONE HUNDRED SEVENTY-TWO OF THIS CHAPTER, TO ENTER,
 MOVE OR ANCHOR UPON THE NAVIGABLE WATERS OF THE HUDSON RIVER, EXCEPT  IN
 CASES  OF GREAT EMERGENCY. SUCH TANKER-AVOIDANCE ZONES MAY BE BASED UPON
 PHYSICAL AND ENVIRONMENTAL CONDITIONS WHICH MAY  INCLUDE,  BUT  ARE  NOT
 LIMITED  TO:  (I)  NAVIGATIONAL  HAZARDS; (II) ENVIRONMENTAL CONDITIONS;
 (III) THE EXISTENCE OF DESIGNATED SIGNIFICANT COASTAL FISH AND  WILDLIFE
 HABITATS; (IV) PROXIMITY TO WATERFRONT COMMUNITIES; (V) DISPROPORTIONATE
 IMPACTS  ON COMMUNITIES; AND (VI) FEDERALLY OR STATE IDENTIFIED ENVIRON-
 MENTAL REMEDIATION SITES;  AND  MAY  CONSIDER  AN  AFFECTED  COMMUNITY'S
 WATERFRONT  REVITALIZATION  PLAN  OR COMPREHENSIVE PLAN AND THE ENVIRON-
 MENTAL JUSTICE COMMUNITIES IMPACTS, WHICH MAY BE TRIGGERED BY THE ENTER-
 ING, MOVING OR ANCHORING OF SUCH PETROLEUM-BEARING VESSELS, TO  COMMUNI-
 TIES WHICH BORDER THE HUDSON RIVER.
   3. THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION IN CONSULTATION WITH
 THE UNITED STATES COAST GUARD, THE BOARD OF COMMISSIONERS OF PILOTS, THE
 DEPARTMENT  OF STATE, THE OFFICE OF PARKS, RECREATION AND HISTORIC PRES-
 ERVATION, AT LEAST ONE LICENSED HUDSON RIVER PILOT AND APPROPRIATE OFFI-
 CIALS OF ANY STATE WHICH MIGHT BE AFFECTED, SHALL SUBMIT A REPORT TO THE
 GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF  THE
 ASSEMBLY  WITHIN  ONE  HUNDRED TWENTY DAYS OF THE EFFECTIVE DATE OF THIS
 SECTION  REGARDING  RECOMMENDATIONS  ON  PLANS,  POLICIES  AND  PROGRAMS
 AFFECTING  PETROLEUM-BEARING  VESSELS  ON  THE  NAVIGABLE  WATERS OF THE
 HUDSON RIVER, AS WELL AS ON ANY  PROPOSED  RULEMAKING  FROM  THE  UNITED
 STATES COAST GUARD WHICH WOULD IMPACT THE HUDSON RIVER.
   § 3. Section 2 of the navigation law is amended by adding a new subdi-
 vision 4-a to read as follows:

 S. 5197--A                          3
 
   4-A. "NAVIGABLE WATERS OF THE HUDSON RIVER" SHALL MEAN THE PORTIONS OF
 THE  HUDSON  RIVER  WITHIN THE BOUNDARIES OF THE STATE AND NOT PRIVATELY
 OWNED, WHICH ARE NAVIGABLE IN FACT OR UPON WHICH VESSELS ARE OPERATED.
   § 4. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2017-S5197B (ACTIVE) - Details

See Assembly Version of this Bill:: A6825
Law Section:: Navigation Law
Laws Affected:: Add §70-a, Nav L

2017-S5197B (ACTIVE) - Summary

Relates to consideration of environmental conditions when permitting petroleum-bearing vessels to operate on the Hudson River.

2017-S5197B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5197B

 TITLE OF BILL :  An act to amend the navigation law, in relation to
consideration of environmental conditions when permitting
petroleum-bearing vessels to operate on the Hudson River

 PURPOSE :

To establish factors used to determine the conditions under which
petroleum-bearing vessels may enter or move upon navigable waters of
the Hudson River, as well as for establishing tanker-avoidance zones
along the river.

 SUMMARY OF PROVISIONS :

Section 1: Adds a new section 70-a of the navigation law to provide
that the Commissioner of the NYS Department of Environmental
Conservation may work in consultation with the United States Coast
Guard, the Board of Commissioners of Pilots, the Department of State
and at least one licensed Hudson River Pilot with regards to the
establishment guidelines setting forth the conditions for
petroleum-bearing vessels to enter or move upon navigable waters of
the Hudson River, as well as tanker-avoidance zones. Also adds
conditions that may be considered for tanker-avoidance zones, and
requires the Commissioner of Environmental Conservation, following
consultation with those referenced above, to submit a report on any

proposed rulemaking from the United States Coast Guard that would
impact the Hudson River within 120 days of this act taking effect.

Section 2: Establishes the effective date.

 JUSTIFICATION :

The United States Coast Guard issued an Advance Notice of Proposed
Rulemaking to establish 10 new anchorage grounds which could
potentially create 43 new vessel berths in the Hudson River between
Kingston and Yonkers. The proposed plan raises economic and health and
safety concerns and it is important that New York State is able to
take appropriate factors into account when determining the use of its
navigable waters.

The Hudson River and surrounding waterfronts are the lifeblood of the
communities through which it passes, and members of these communities
have expressed their fear that, in addition to potential accidents,
their scenic waterfronts could be transformed into parking lots for
unsightly barges. This legislation will enhance the State's ability to
protect its communities and to preserve the natural integrity of the
region.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S5197B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5197--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 13, 2017
                                ___________
 
 Introduced by Sens. SERINO, ALCANTARA, AMEDORE, AVELLA, CARLUCCI, HAMIL-
   TON,  KRUEGER,  LATIMER,  STEWART-COUSINS  --  read  twice and ordered
   printed, and when printed to be committed to the Committee on Environ-
   mental Conservation -- committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and  recommitted to said committee -- reported
   favorably from said committee and committed to the Committee on  Rules
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 AN ACT to amend the navigation law,  in  relation  to  consideration  of
   environmental  conditions when permitting petroleum-bearing vessels to
   operate on the Hudson River
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  The navigation law is amended by adding a new section 70-a
 to read as follows:
   § 70-A. MINIMUM CONDITIONS FOR PETROLEUM-BEARING VESSELS ON THE HUDSON
 RIVER;  TANKER-AVOIDANCE  ZONES.  1.  THE  COMMISSIONER OF ENVIRONMENTAL
 CONSERVATION IN CONSULTATION WITH THE UNITED  STATES  COAST  GUARD,  THE
 BOARD  OF COMMISSIONERS OF PILOTS, THE DEPARTMENT OF STATE, AT LEAST ONE
 LICENSED HUDSON RIVER PILOT AND APPROPRIATE OFFICIALS OF ANY STATE WHICH
 MIGHT BE AFFECTED, MAY ESTABLISH GUIDELINES SETTING FORTH:
   (A) THE MINIMUM CONDITIONS UNDER WHICH  PETROLEUM-BEARING  VESSELS  AS
 DEFINED  IN SECTION ONE HUNDRED SEVENTY-TWO OF THIS CHAPTER MAY ENTER OR
 MOVE UPON THE NAVIGABLE WATERS OF THE HUDSON RIVER. SUCH CONDITIONS  MAY
 INCLUDE,  BUT  NOT BE LIMITED TO: (I) VISIBILITY; (II) THE TIDE AND WIND
 CONDITIONS; AND (III) WEATHER;
   (B) THE MINIMUM CONDITIONS UNDER WHICH PETROLEUM-BEARING  VESSELS  MAY
 ENTER  OR  LEAVE  ANY  MAJOR  FACILITY,  PORT OR HARBOR ALONG THE HUDSON
 RIVER. SUCH CONDITIONS MAY INCLUDE, BUT ARE NOT BE LIMITED TO: (I) VISI-
 BILITY; (II) THE TIDE AND WIND CONDITIONS; AND (III) WEATHER;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10512-13-7

 S. 5197--B                          2
 
   (C) THE ESTABLISHMENT OF TANKER-AVOIDANCE ZONES,  WHERE  IT  SHALL  BE
 UNLAWFUL FOR PETROLEUM-BEARING VESSELS AS DEFINED IN SECTION ONE HUNDRED
 SEVENTY-TWO OF THIS CHAPTER, TO ENTER, MOVE OR ANCHOR UPON THE NAVIGABLE
 WATERS  OF  THE  HUDSON  RIVER, EXCEPT IN CASES OF GREAT EMERGENCY. SUCH
 TANKER-AVOIDANCE  ZONES  MAY  BE  BASED  UPON PHYSICAL AND ENVIRONMENTAL
 CONDITIONS WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO:  (I)  NAVIGATIONAL
 HAZARDS;  (II)  ENVIRONMENTAL  CONDITIONS; (III) THE EXISTENCE OF DESIG-
 NATED SIGNIFICANT COASTAL FISH AND WILDLIFE HABITATS; (IV) PROXIMITY  TO
 WATERFRONT COMMUNITIES; (V) DISPROPORTIONATE IMPACTS ON COMMUNITIES; AND
 (VI)  FEDERALLY OR STATE IDENTIFIED ENVIRONMENTAL REMEDIATION SITES; AND
 MAY CONSIDER AN AFFECTED COMMUNITY'S WATERFRONT REVITALIZATION  PLAN  OR
 COMPREHENSIVE PLAN AND THE ENVIRONMENTAL JUSTICE COMMUNITIES IMPACTS.
   2.  THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION FOLLOWING CONSULTA-
 TION WITH THE UNITED STATES COAST GUARD, THE BOARD OF  COMMISSIONERS  OF
 PILOTS,  THE  DEPARTMENT  OF  STATE, THE OFFICE OF PARKS, RECREATION AND
 HISTORIC PRESERVATION, AT LEAST ONE  LICENSED  HUDSON  RIVER  PILOT  AND
 APPROPRIATE OFFICIALS OF ANY STATE WHICH MIGHT BE AFFECTED, SHALL SUBMIT
 A REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE
 SPEAKER  OF THE ASSEMBLY WITHIN ONE HUNDRED TWENTY DAYS OF THE EFFECTIVE
 DATE OF THIS SECTION REGARDING RECOMMENDATIONS ON  PLANS,  POLICIES  AND
 PROGRAMS  AFFECTING PETROLEUM-BEARING VESSELS ON THE NAVIGABLE WATERS OF
 THE HUDSON RIVER, AS WELL AS ON ANY PROPOSED RULEMAKING FROM THE  UNITED
 STATES COAST GUARD WHICH WOULD IMPACT THE HUDSON RIVER.
   § 2. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S5197B

Share this bill

Sponsored By

Archive: Last Bill Status Via A6825 - Signed by Governor

Bill Amendments

co-Sponsors

2017-S5197 - Details

2017-S5197 - Summary

2017-S5197 - Sponsor Memo

2017-S5197 - Bill Text download pdf

co-Sponsors

2017-S5197A - Details

2017-S5197A - Summary

2017-S5197A - Sponsor Memo

2017-S5197A - Bill Text download pdf

co-Sponsors

2017-S5197B (ACTIVE) - Details

2017-S5197B (ACTIVE) - Summary

2017-S5197B (ACTIVE) - Sponsor Memo

2017-S5197B (ACTIVE) - Bill Text download pdf

Comments