The New York State Senate

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

                                  6825

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                             March 21, 2017
                               ___________

Introduced  by  M. of A. BARRETT, MAYER -- read once and referred to the
  Committee on Environmental 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
move upon the navigable waters of the state and any tidewaters bordering

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

                                                           LBD10512-03-7

A. 6825                             2

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.