The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7735--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 20, 2021
                                ___________
 
 Introduced  by M. of A. JONES -- read once and referred 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, in relation to
   aquatic invasive species inspection  stations  and  spread  prevention
   efforts;  and  to  amend chapter 330 of the laws of 2014, amending the
   environmental conservation law relating to aquatic  invasive  species,
   spread   prevention,   and  penalties,  in  relation  to  making  such
   provisions permanent
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The environmental conservation law is amended by adding a
 new section 9-1711 to read as follows:
 § 9-1711. AQUATIC INVASIVE SPECIES INSPECTION STATIONS IN THE ADIRONDACK
             PARK.
   1. THE DEPARTMENT MAY ESTABLISH AQUATIC  INVASIVE  SPECIES  INSPECTION
 STATIONS  AT  ANY  LOCATION IN THE ADIRONDACK PARK AND WITHIN A TEN-MILE
 RADIUS OF THE ADIRONDACK PARK BOUNDARY, INCLUDING, BUT NOT  LIMITED  TO:
 INTERSTATE  BORDERS,  HIGHWAYS, OR OTHER ROADS; LOCATIONS ADJACENT TO OR
 NEAR WATERS; AND AT STATE-OWNED FACILITIES TO ENSURE COMPLIANCE WITH THE
 REQUIREMENTS OF SECTION 9-1710 OF THIS TITLE.    PROJECTS  TO  ESTABLISH
 SUCH  AQUATIC INVASIVE SPECIES INSPECTION STATIONS SHALL BE ELIGIBLE FOR
 FUNDING FROM APPROPRIATIONS MADE FOR  ACCESS  AND  STEWARDSHIP  PROJECTS
 WITHIN  THE  PARKS,  RECREATION AND HISTORIC PRESERVATION ACCOUNT ESTAB-
 LISHED PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
   2. BEFORE ENTERING A WATERBODY,  OWNERS  AND  OPERATORS  OF  MOTORIZED
 WATERCRAFT  WHO ARE NOT IN POSSESSION OF A SELF-ISSUING CERTIFICATION OR
 AN INSPECTION OR DECONTAMINATION CERTIFICATE SINCE THEIR LAST  OPERATION
 OF  SUCH  WATERCRAFT  IN  A  WATERBODY SHALL STOP AT AN AQUATIC INVASIVE
 SPECIES INSPECTION STATION WHERE SUCH STATION  IS  LOCATED  ADJACENT  TO
 SUCH  WATERBODY  AND OPEN AT THE TIME OF ENTERING THE WATERBODY IN ORDER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11361-17-1

 A. 7735--A                          2
 
 TO INSPECT THEIR WATERCRAFT TO  ENSURE COMPLIANCE   WITH   THE  REQUIRE-
 MENTS OF SECTION 9-1710 OF THIS TITLE.  THE DEPARTMENT SHALL MAINTAIN ON
 THEIR WEBSITE A LIST OF SUCH STATIONS AND THEIR OPERATING HOURS IN ORDER
 TO ASSIST MOTORIZED WATERCRAFT OWNERS AND OPERATORS IN LOCATING STATIONS
 WHERE THEY CAN INSPECT AND CLEAN THEIR WATERCRAFT.
   3.  THE  DEPARTMENT  OR  OTHER ENTITY DESIGNATED BY THE DEPARTMENT MAY
 ISSUE AN INSPECTION OR  DECONTAMINATION  CERTIFICATE  TO  THE  OWNER  OR
 PERSON  IN POSSESSION OF A MOTORIZED WATERCRAFT THAT HAS BEEN INSPECTED.
 SUCH CERTIFICATE SHALL INCLUDE THE FOLLOWING DETAILS: (A)  THE  NAME  OF
 THE  DEPARTMENT  AND OF THE PERSON WHO CONDUCTED THE INSPECTION; (B) THE
 DATE, PLACE, AND TIME  OF  INSPECTION;  (C)  ANY  PREVENTATIVE  MEASURES
 PERFORMED OR ORDERED; AND (D) DECONTAMINATION PERFORMED.
   4.  IF  THE  DEPARTMENT  OR  DESIGNATED ENTITY ISSUES AN INSPECTION OR
 DECONTAMINATION CERTIFICATE TO THE OWNER OR PERSON IN POSSESSION OF  THE
 MOTORIZED  WATERCRAFT,  THE DEPARTMENT OR DESIGNATED ENTITY MAY ATTACH A
 TAMPERPROOF TAG TO THE MOTORIZED WATERCRAFT TO  CERTIFY  SUCH  MOTORIZED
 WATERCRAFT  ARRIVING  AT  A  BOAT LAUNCH WITH UNBROKEN TAGS COULD LAUNCH
 WITHOUT AN ADDITIONAL INSPECTION. SUCH TAG MAY ONLY BE REMOVED PRIOR  TO
 A LAUNCH.
   5.  THE  DEPARTMENT  MAY  RECOGNIZE  AN  INSPECTION OR DECONTAMINATION
 CERTIFICATE ISSUED BY ANOTHER GOVERNMENTAL ENTITY, IF THE OTHER  GOVERN-
 MENTAL ENTITY ADHERES TO THE MINIMUM STANDARDS FOR INSPECTION AND DECON-
 TAMINATION AS DETERMINED BY THE DEPARTMENT, INCLUDING BUT NOT LIMITED TO
 RECOGNIZED UNIFORM STANDARDS.
   6.  THE  DEPARTMENT WILL REVIEW ALL DATA COLLECTED AT AQUATIC INVASIVE
 SPECIES INSPECTION STATIONS, INCLUDING ANY DATA  FROM  DESIGNATED  ENTI-
 TIES, TO IDENTIFY ANY CHANGES TO THE CURRENT PRACTICES TO BETTER PROTECT
 ADIRONDACK LAKES AND WATERS.
   §  2.  Section 9-1710 of the environmental conservation law is amended
 by adding two new subdivisions 3 and 4 to read as follows:
   3. THE DEPARTMENT MAY CREATE AND MAINTAIN A SELF-ISSUING CERTIFICATION
 DESIGNED FOR A PERSON TO DEMONSTRATE THAT  REASONABLE  PRECAUTIONS  HAVE
 BEEN TAKEN PRIOR TO LAUNCHING A WATERCRAFT.
   4. THE DEPARTMENT SHALL CONDUCT EDUCATION AND OUTREACH EFFORTS INCLUD-
 ING, BUT NOT LIMITED TO THE FOLLOWING:
   (A)  ESTABLISH  AND MAINTAIN A PUBLIC WEBSITE FOR THE DISSEMINATION OF
 EDUCATIONAL MATERIALS TO PROMOTE CLEANING, DRAINING AND DRYING OF WATER-
 CRAFTS;
   (B) DEVELOP AND DISTRIBUTE EDUCATIONAL MATERIALS  INCLUDING,  BUT  NOT
 LIMITED  TO, THE MOST EFFECTIVE METHODS TO PREVENT THE SPREAD OF AQUATIC
 INVASIVE SPECIES, AND THE POTENTIAL FOR LIVE WELLS  AND  OTHER  INTERIOR
 WATER  COMPARTMENTS  TO CARRY AQUATIC INVASIVE SPECIES SUCH AS THE SPINY
 WATER FLEA; AND
   (C) INCLUDE BOAT WASHING EDUCATION IN APPROVED BOATING SAFETY COURSES.
   § 3. Section 4 of chapter 330 of the laws of 2014, amending the  envi-
 ronmental  conservation law relating to aquatic invasive species, spread
 prevention, and penalties, as amended by section 1 of item O of  subpart
 B  of  part XXX of chapter 58 of the laws of 2020, is amended to read as
 follows:
   § 4. This act shall take effect one year after it shall have become  a
 law[,  and  shall expire and be deemed repealed June 1, 2021]. Effective
 immediately, the addition, amendment, and/or repeal of any rule or regu-
 lation necessary for the timely implementation of this act on its effec-
 tive date is authorized to be made on or before such effective date.
   § 4. Notwithstanding the  provisions  of  article  5  of  the  general
 construction  law, the provisions of section 9-1710 of the environmental

 A. 7735--A                          3
 
 conservation law, as amended by section two  of  this  act,  are  hereby
 revived  and  shall continue in full force and effect as such provisions
 existed on May 31, 2021.
   §  5.  This act shall take effect immediately; provided, however, that
 sections one and two of this act shall take effect on  the  one  hundred
 eightieth  day  after  it shall have become a law; and provided further,
 however, that section three of this act shall be deemed to have been  in
 full force and effect on and after June 1, 2021.