S T A T E   O F   N E W   Y O R K
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                                   4849
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2023
                                ___________
 
 Introduced  by  M.  of  A.  PALMESANO,  ANGELINO, BLANKENBUSH, K. BROWN,
   BYRNES, GALLAHAN, J. M. GIGLIO, McDONOUGH,  TAGUE  --  read  once  and
   referred to the Committee on Transportation
 
 AN  ACT  to  amend  the  navigation law, in relation to establishing the
   marine electric propulsion health and environmental impact program

   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 76-a
 to read as follows:
   § 76-A. MARINE ELECTRIC PROPULSION  HEALTH  AND  ENVIRONMENTAL  IMPACT
 PROGRAM.  1.  FOR  THE PURPOSES OF THIS SECTION "MARINE ELECTRIC PROPUL-
 SION" SHALL MEAN ALL MECHANICAL, ELECTRICAL AND PHYSICAL  ASPECTS  OF  A
 POWERTRAIN  CONSISTING  OF  AN  ELECTRIC  MOTOR POWERED BY A LITHIUM-ION
 BATTERY OR BANK OF BATTERIES, WHICH FUNCTIONS AS THE PRIMARY  PROPULSION
 SYSTEM OF A BOAT OR PERSONAL WATERCRAFT.
   2.  THE COMMISSIONER, IN CONSULTATION WITH THE NATIONAL TRANSPORTATION
 SAFETY BOARD, THE COMMISSIONER OF  ENVIRONMENTAL  CONSERVATION  AND  THE
 COMMISSIONER  OF HEALTH, SHALL ESTABLISH AND IMPLEMENT A MARINE ELECTRIC
 PROPULSION ENVIRONMENTAL AND HEALTH IMPACT PROGRAM WITHIN THE OFFICE.
   3. SUCH PROGRAM SHALL PROVIDE EDUCATION, ADVOCACY AND INCREASED AWARE-
 NESS OF THE ENVIRONMENTAL AND HEALTH IMPACTS OF MARINE ELECTRIC  PROPUL-
 SION  SYSTEMS.  SUCH ENVIRONMENTAL AND HEALTH IMPACTS SHALL INCLUDE, BUT
 SHALL NOT BE LIMITED TO:
   (A) THE RELEASE OF ENVIRONMENTAL CONTAMINANTS FROM MARINE-RATED LITHI-
 UM-ION BATTERY CELLS IN THE EVENT OF A LOSS OF  BATTERY  INTEGRITY,  AND
 THEIR ENVIRONMENTAL AND HEALTH EFFECTS;
   (B)  IMPACTS  ASSOCIATED WITH THE DECOMPOSITION OF LITHIUM-ION BATTERY
 COMPONENTS, PARTICULARLY IN CASES OF BATTERY IMMERSION IN BOTH SALT  AND
 FRESH WATER;
   (C)  VARIOUS  RISKS OF ELECTROCUTION, ESPECIALLY ELECTRIC SHOCK DROWN-
 ING;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08494-01-3
              

 A. 4849                             2
 
   (D) SAFETY REQUIREMENTS FOR THE MOORING, LAUNCH AND RECOVERY OF  ELEC-
 TRIC BOATS AT NEW YORK STATE PARKS, SHORELINES, INLAND WATERWAYS AND ANY
 OTHER LOCATIONS WHERE BOATS AND PERSONAL WATERCRAFT ARE COMMONLY HANDLED
 OR MOORED;
   (E) SPECIFIC FIRE RISKS ASSOCIATED WITH LITHIUM-ION BATTERY COMBUSTION
 IN  THE  EVENT  OF  WATER-BORNE  COLLISIONS,  VEHICULAR COLLISIONS WHILE
 TRAILERING, OR SHORT-CIRCUITS; AND
   (F) ANY OTHER EVENT WHICH MIGHT RESULT IN A  NEGATIVE  IMPACT  TO  THE
 BATTERY  WITHIN  THREE  HUNDRED FEET OF A SHORELINE, DOCK, RAMP, PIER OR
 ANY OTHER MOORING POINT WHERE SWIMMERS MIGHT BE PRESENT.
   4. THE OFFICE SHALL CREATE A FACT SHEET CONTAINING INFORMATION REGARD-
 ING THE ENVIRONMENTAL AND HEALTH IMPACTS OF MARINE  ELECTRIC  PROPULSION
 SYSTEMS  PURSUANT  TO SUBDIVISION THREE OF THIS SECTION. SUCH FACT SHEET
 SHALL BE DISTRIBUTED UPON THE SUCCESSFUL COMPLETION OF AN APPROVED BOAT-
 ING SAFETY COURSE PURSUANT TO SECTION SEVENTY-FIVE OF THIS  PART.  ADDI-
 TIONALLY, THE OFFICE SHALL DISTRIBUTE OR OTHERWISE MAKE SUCH INFORMATION
 AVAILABLE AT ANY OTHER LOCATIONS AND IN ANY SUCH MANNER THE COMMISSIONER
 DEEMS NECESSARY OR ADVISABLE.
   5.  THE  OFFICE  SHALL  PROMULGATE  SUCH  RULES AND REGULATIONS AS ARE
 NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect immediately.