Senate Bill S6880

2021-2022 Legislative Session

Permits municipalities to establish inspection programs for removing invasive species launching into any waters and establishes a grant program for municipalities who participate in such inspection programs

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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to environmental conservation
May 20, 2021	referred to environmental conservation

2021-S6880 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §9-1710, add §9-1711, En Con L; amd §4, Chap 330 of 2014

2021-S6880 (ACTIVE) - Summary

Permits municipalities across the state to establish mandatory inspection programs for the purposes of removing invasive species from a watercraft before launching into any state waters; establishes a grant program for municipalities who participate in such inspection programs; makes certain provisions relating thereto permanent.

2021-S6880 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6880

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
permitting municipalities across the state to establish mandatory
inspection programs for the purposes of removing invasive species from a
watercraft before launching into any state waters and to establish a
grant program for municipalities who participate in such inspection
programs; 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 the effectiveness ther-
eof

 
PURPOSE:

To protect new york state waters by permanently prohibiting any person
from launching a watercraft or floating dock unless it can be demon-
strated that reasonable precautions have been taken to avoid the spread
of aquatic invasive species, allowing municipalities to implement a
mandatory boat inspection program for the purposes of removing aquatic

invasive species from a watercraft before launching, and creating a
grant program to provide state funds to municipalities who choose to
implement the mandatory inspection program.

 
SUMMARY OF PROVISIONS:

Section 1. Permits municipalities to implement mandatory watercraft
inspection programs for the purposes of removing aquatic invasive
species from a watercraft before launching into any state waters.

Section 2. Adds a new section to the environmental conservation law,
which requires the commissioner to establish the "mandatory watercraft
inspection grant program" that will be used to award grants to munici-
palities who choose to establish mandatory watercraft inspections for
the purpose of preventing the spread of aquatic invasive species. Estab-
lishes that the commissioner is responsible for the development and
establishment of standards applicable to the mandatory watercraft
inspection grant program. Establishes the dollar amount of grants for
municipalities who choose to establish a mandatory watercraft inspection
program.

Section 3. Removes the sunset provision of the current law and perma-
nently prohibits any person from launching a watercraft or floating dock
unless it can be demonstrated that reasonable precautions have been
taken to avoid the spread of aquatic invasive species

Section 4. Effective date

 
JUSTIFICATION:

This legislation allows municipalities to establish a mandatory boat
inspection program, which ensures owners of a watercraft inspect, clean,
drain and dry their watercraft before launching to prevent the spread of
aquatic invasive species (AIS) in our waters. Mandatory Inspection
locations have had great success in high traffic lakes such as Lake
George and the Great Sacandaga Lake. The State and some local munici-
palities have set up inspection sites staffed by volunteers. The volun-
teer 'system depends on the availability of dedicated individuals. By
providing the funding to establish and staff mandatory boat inspections,
the State will encourage a reliable way to protect the delicate ecosys-
tems of our waterways.

An "invasive species" is a species that is non-native to the ecosystem
under consideration; and whose introduction causes or is likely to cause
economic or environmental harm or harm to human health.  According to
the Department of Environmental Conservation, aquatic invasive species,
including Eurasian watermilfoil, didymo, water chestnut, purple looses-
trife, fishhook water fleas, and zebra mussels, from other parts of the
world have been accidentally introduced and have flourished in New York
State waters. The introduction of these invasive species has also led to
fish diseases such as whirling disease and viral hemorrhagic septicemia
(VHS).  These diseases can have catastrophic consequences for our
State's native fish communities and affect the quality of our drinking
water.

Currently, individuals are prohibited from launching watercraft without
taking precautions to spread AIS. This prohibition needs to be extended
every few years. This legislation also permanently prohibits any person
from launching a watercraft or floating dock unless it can be demon-
strated that reasonable precautions have been taken to avoid the spread
of aquatic invasive species, and requires the commissioner of the
department of environmental conservation to create a Mandatory Boat
Inspection Grant Program, which will distribute state funds to munici-
palities that choose to establish a mandatory inspection program.

Invasive species are a real threat to our bodies of water. The State
needs to encourage mandatory inspection of watercraft to prevent the
spread of aquatic invasive species and assist municipalities in setting
up their own mandatory boat inspection program.

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
On the sixtieth day after it shall have become a law. Effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.

2021-S6880 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6880
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 20, 2021
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   permitting  municipalities  across  the  state  to establish mandatory
   inspection programs for the purposes of removing invasive species from
   a watercraft before launching into any state waters and to establish a
   grant program for municipalities who participate  in  such  inspection
   programs;  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 the effectiveness
   thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  9-1710  of the environmental conservation law is
 amended by adding a new subdivision 3 to read as follows:
   3. MUNICIPALITIES ACROSS THE STATE SHALL  BE  PERMITTED  TO  ESTABLISH
 MANDATORY WATERCRAFT INSPECTION PROGRAMS, WHICH SHALL REQUIRE ANY WATER-
 CRAFT  BEING  LAUNCHED INTO STATE WATERS TO FIRST BE INSPECTED FOR INVA-
 SIVE SPECIES BEFORE IT IS LAUNCHED IN SUCH WATERS. ANY OWNER OF A WATER-
 CRAFT SHALL INSPECT, CLEAN, DRAIN AND DRY HIS OR HER WATERCRAFT PRIOR TO
 LAUNCH TO PREVENT THE SPREAD OF AQUATIC INVASIVE SPECIES IN THE  FOLLOW-
 ING MANNER:
   (A) INSPECT AND REMOVE ALL VISIBLE MUD, PLANTS, FISH OR ANIMALS ON THE
 WATERCRAFT,  TRAILER,  CLOTHING, DOGS OR ANY OTHER EQUIPMENT AND DISPOSE
 OF SUCH ITEMS IN A SUITABLE TRASH CONTAINER ON DRY LAND;
   (B) CLEAN THE WATERCRAFT AND ANY EQUIPMENT WITH HOT WATER GREATER THAN
 ONE HUNDRED FORTY DEGREES FAHRENHEIT. IF HOT  WATER  IS  NOT  AVAILABLE,
 OWNERS  SHALL  SPRAY  THEIR WATERCRAFT, TRAILER AND EQUIPMENT WITH HIGH-
 PRESSURE WATER;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11557-01-1

 S. 6880                             2
 
   (C) DRAIN WATER FROM THE WATERCRAFT, HATCHES, BILGE, LIVE WELL,  TRAN-
 SOM  WELL  AND ANY OTHER LOCATIONS WITH WATER ON LAND BEFORE LEAVING THE
 LAUNCH SITE; AND
   (D)  DRY  THE  WATERCRAFT, TRAILER AND ALL EQUIPMENT COMPLETELY FOR AT
 LEAST FIVE DAYS PRIOR TO ANY LAUNCH OF SUCH WATERCRAFT.
   § 2. The environmental conservation law is amended  by  adding  a  new
 section 9-1711 to read as follows:
 § 9-1711. AQUATIC INVASIVE SPECIES WATERCRAFT INSPECTION GRANT PROGRAM.
   1. THE COMMISSIONER SHALL, SUBJECT TO APPROPRIATION, ESTABLISH A GRANT
 PROGRAM  TO  BE  KNOWN  AS  THE  "MANDATORY  WATERCRAFT INSPECTION GRANT
 PROGRAM".
   2. SUCH GRANT PROGRAM SHALL AWARD GRANTS, WITH  APPROPRIATIONS  THERE-
 FOR,  TO  MUNICIPALITIES  WHO ESTABLISH MANDATORY WATERCRAFT INSPECTIONS
 FOR THE PURPOSE OF PREVENTING THE SPREAD OF AQUATIC INVASIVE SPECIES, AS
 SET FORTH PURSUANT TO SUBDIVISION THREE OF SECTION 9-1710 OF THIS TITLE.
   3. THE COMMISSIONER SHALL DEVELOP AND ESTABLISH  STANDARDS  APPLICABLE
 TO  THE  MANDATORY  WATERCRAFT  INSPECTION GRANT PROGRAM. SUCH STANDARDS
 SHALL INCLUDE, BUT NOT BE LIMITED TO,  BEST  PRACTICES  FOR  CLEANING  A
 WATERCRAFT  PRIOR TO LAUNCH IN STATE WATERS AND BEST PRACTICES FOR MUNI-
 CIPALITIES TO EFFECTIVELY INSPECT WATERCRAFTS  TO  ENFORCE  A  MANDATORY
 WATERCRAFT INSPECTION PROGRAM THAT SUCH MUNICIPALITY HAS ESTABLISHED.
   4.  IN  NO CASE SHALL SUCH GRANT PROGRAM EXPEND MORE THAN FIVE HUNDRED
 THOUSAND DOLLARS TOTAL ANNUALLY, AND NOT MORE THAN ONE HUNDRED  THOUSAND
 DOLLARS PER MUNICIPALITY ANNUALLY.
   §  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.  This act shall take effect immediately, provided, however, that
 sections one and two of this act shall take effect on the  sixtieth  day
 after  it  shall have become a law. Effective immediately, the addition,
 amendment and/or repeal of any rule  or  regulation  necessary  for  the
 implementation  of  this  act on its effective date are authorized to be
 made and completed on or before such effective date.

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Senate Bill S6880

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Actions

2021-S6880 (ACTIVE) - Details

2021-S6880 (ACTIVE) - Summary

2021-S6880 (ACTIVE) - Sponsor Memo

2021-S6880 (ACTIVE) - Bill Text download pdf

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Sponsored By

John W. Mannion

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Actions

2021-S6880 (ACTIVE) - Details

2021-S6880 (ACTIVE) - Summary

2021-S6880 (ACTIVE) - Sponsor Memo

2021-S6880 (ACTIVE) - Bill Text download pdf

Comments