NY State Senate Bill S5197B

Archive: Last Bill Status Via A6825 - Signed by Governor

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

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Actions

view actions (14)

	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

view votes

Jun 21, 2017 - floor Vote

A6825A

floor

Aye

Nay

Absent

Excused

Abstained

Jun 21, 2017 - Rules committee Vote

S5197B

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jun 7, 2017 - Environmental Conservation committee Vote

S5197A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

S5197 - Details

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

S5197 - Summary

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

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.

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

S5197A - Details

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

S5197A - Summary

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

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.

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

S5197B (ACTIVE) - Details

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

S5197B (ACTIVE) - Summary

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

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.

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.

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The New York State Senate

senate Bill S5197B

Sponsored By

Archive: Last Bill Status Via A6825 - Signed by Governor

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Votes

Jun 21, 2017 - floor Vote

Floor Vote: Jun 21, 2017

Jun 21, 2017 - Rules committee Vote

Rules Committee Vote: Jun 21, 2017

Jun 7, 2017 - Environmental Conservation committee Vote

Committee Vote: Jun 7, 2017

Bill Amendments

Co-Sponsors

S5197 - Details

S5197 - Summary

S5197 - Sponsor Memo

S5197 - Bill Text download pdf

Co-Sponsors

S5197A - Details

S5197A - Summary

S5197A - Sponsor Memo

S5197A - Bill Text download pdf

Co-Sponsors

S5197B (ACTIVE) - Details

S5197B (ACTIVE) - Summary

S5197B (ACTIVE) - Sponsor Memo

S5197B (ACTIVE) - Bill Text download pdf

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senate Bill S5197B

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Sponsored By

Archive: Last Bill Status Via A6825 - Signed by Governor

Your Voice

Actions

Votes

Jun 21, 2017 - floor Vote

Floor Vote: Jun 21, 2017

Jun 21, 2017 - Rules committee Vote

Rules Committee Vote: Jun 21, 2017

Jun 7, 2017 - Environmental Conservation committee Vote

Committee Vote: Jun 7, 2017

Bill Amendments

Co-Sponsors

S5197 - Details

S5197 - Summary

S5197 - Sponsor Memo

S5197 - Bill Text download pdf

Co-Sponsors

S5197A - Details

S5197A - Summary

S5197A - Sponsor Memo

S5197A - Bill Text download pdf

Co-Sponsors

S5197B (ACTIVE) - Details

S5197B (ACTIVE) - Summary

S5197B (ACTIVE) - Sponsor Memo

S5197B (ACTIVE) - Bill Text download pdf

Comments