Senate Bill S7478

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7478
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 17, 2025
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Environmental Conser-
   vation
 
 AN ACT to amend the navigation law, in relation  to  the  regulation  of
   exhaust  gas  cleaning  systems  on vessels; and to amend the environ-
   mental conservation law, in relation to the powers of  the  department
   of environmental conservation
 
   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  33-f
 to read as follows:
   §  33-F.  REGULATING  EXHAUST GAS CLEANING SYSTEMS. 1. AS USED IN THIS
 SECTION:
   (A) "EXHAUST GAS CLEANING  SYSTEMS"  MEANS  A  MECHANISM  INTENDED  TO
 REMOVE  PARTICULATE  MATTER FROM EXHAUST GASSES GENERATED AS A RESULT OF
 THE COMBUSTION PROCESS IN MARINE ENGINES, WHOSE OUTPUT IS THE  DISCHARGE
 OF WASH WATER AS WATER, SPRAY, EXHAUST OR OTHER FORM OF DISCHARGE; AND
   (B) "DEPARTMENT" MEANS THE STATE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
 TION.
   2.  (A)  NO EXHAUST GAS CLEANING SYSTEM ON ANY VESSEL USED OR OPERATED
 UPON NAVIGABLE WATERS OF THIS STATE SHALL BE OPERATED SO AS TO DISCHARGE
 INTO SAID WATERS OR AIR DIRECTLY OR INDIRECTLY EXCEPT  AS  REQUIRED  FOR
 SAFETY REASONS.
   (B)  EXHAUST  GAS  CLEANING SYSTEM OVERBOARD DISCHARGE VALVES SHALL BE
 SEALED WHILE THE VESSEL IS IN NAVIGABLE WATERS OF THE STATE.
   3. NO EXHAUST GAS CLEANING SYSTEM SHALL BE USED, SOLD,  OR  PHYSICALLY
 OFFERED FOR SALE IN THIS STATE.
   4.  THE DEPARTMENT SHALL REQUIRE PERSONS MAKING APPLICATION FOR A BOAT
 REGISTRATION CERTIFICATE FOR A VESSEL PURSUANT TO THE VEHICLE AND  TRAF-
 FIC  LAW  TO DISCLOSE WHETHER SUCH VESSEL HAS WITHIN OR ON IT AN EXHAUST
 GAS CLEANING SYSTEM AND IF SO, TO CERTIFY THAT SUCH DEVICE SHALL NOT  BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08370-01-5
              

 S. 7478                             2
 
 USED  IN  THE  WATERS  OF  THIS  STATE  AS REQUIRED BY THIS SECTION. THE
 DEPARTMENT IS FURTHER EMPOWERED TO DIRECT THAT THE ISSUANCE  OF  A  BOAT
 REGISTRATION CERTIFICATE OR A RENEWAL THEREOF BE WITHHELD IF SUCH DEVICE
 IS USED IN VIOLATION OF THIS SECTION.
   5.  ALL  VESSELS LOCATED UPON WATERS OF THIS STATE SHALL BE SUBJECT TO
 BOARDING AND INSPECTION BY THE DEPARTMENT  OR  ANY  LAWFULLY  DESIGNATED
 AGENTS  OR  INSPECTORS  THEREOF,  FOR THE PURPOSE OF DETERMINING WHETHER
 SUCH VESSEL IS IN COMPLIANCE WITH THIS SECTION.
   6. THE DEPARTMENT IS HEREBY AUTHORIZED AND EMPOWERED TO  MAKE,  ADOPT,
 PROMULGATE, AMEND AND REPEAL SUCH STANDARDS AND RULES AND REGULATIONS AS
 ARE  NECESSARY,  OR  CONVENIENT FOR THE CARRYING OUT OF DUTIES AND OBLI-
 GATIONS AND POWERS CONFERRED ON THE DEPARTMENT BY THIS SECTION.
   7. A COPY OF THE REGULATIONS ADOPTED PURSUANT TO THIS SECTION AND  ANY
 OF  THE  AMENDMENTS THERETO, SHALL BE FILED IN THE OFFICE OF THE DEPART-
 MENT, THE WATER RESOURCES COMMISSION, AND IN THE OFFICE OF THE SECRETARY
 OF STATE. RULES, REGULATIONS AND STANDARDS SHALL  BE  PUBLISHED  BY  THE
 DEPARTMENT IN CONVENIENT FORM.
   8. ANY PERSON WHO VIOLATES THIS SECTION, SHALL BE GUILTY OF AN OFFENSE
 AND  UPON  CONVICTION SHALL BE PUNISHED WITH A FINE OF UP TO TWENTY-FIVE
 THOUSAND DOLLARS PER VIOLATION; PROVIDED, HOWEVER, THAT IN THE EVENT ANY
 PERSON VIOLATES THIS SECTION MORE THAN TWICE DURING  THE  SAME  CALENDAR
 YEAR  AND  IS  CONVICTED OF MORE THAN TWO SUCH VIOLATIONS, THE THIRD AND
 EACH SUBSEQUENT VIOLATION SHALL BE DEEMED A MISDEMEANOR.
   9. ANY PERSON WHO VIOLATES THIS  SECTION  SHALL  BE  STRICTLY  LIABLE,
 WITHOUT  REGARD  TO  FAULT,  FOR  ALL  CLEANUP AND REMOVAL COSTS AND ALL
 DIRECT AND INDIRECT DAMAGES, NO MATTER BY WHOM SUSTAINED FOR THE FOLLOW-
 ING:
   (A) THE COST OF RESTORATION AND REPLACEMENT, WHERE  POSSIBLE,  OF  ANY
 NATURAL RESOURCE DAMAGED OR DESTROYED BY A DISCHARGE;
   (B)  THE  COST  OF  RESTORING,  REPAIRING,  OR  REPLACING  ANY REAL OR
 PERSONAL PROPERTY DAMAGED OR DESTROYED BY A DISCHARGE, ANY  INCOME  LOST
 FROM  THE  TIME  SUCH  PROPERTY  IS DAMAGED TO THE TIME SUCH PROPERTY IS
 RESTORED, REPAIRED OR REPLACED, ANY REDUCTION IN VALUE OF SUCH  PROPERTY
 CAUSED BY SUCH DISCHARGE BY COMPARISON WITH ITS VALUE PRIOR THERETO;
   (C)  LOSS OF INCOME OR IMPAIRMENT OF EARNING CAPACITY DUE TO DAMAGE TO
 REAL OR PERSONAL PROPERTY,  INCLUDING  NATURAL  RESOURCES  DESTROYED  OR
 DAMAGED  BY  A  DISCHARGE; PROVIDED THAT SUCH LOSS OR IMPAIRMENT EXCEEDS
 TEN PERCENT OF THE AMOUNT WHICH CLAIMANT DERIVES, BASED UPON  INCOME  OR
 BUSINESS  RECORDS, EXCLUSIVE OF OTHER SOURCES OF INCOME, FROM ACTIVITIES
 RELATED TO THE PARTICULAR REAL OR PERSONAL PROPERTY OR NATURAL RESOURCES
 DAMAGED OR DESTROYED BY SUCH DISCHARGE DURING THE WEEK,  MONTH  OR  YEAR
 FOR WHICH THE CLAIM IS FILED;
   (D) LOSS OF TAX REVENUE BY THE STATE OR LOCAL GOVERNMENTS FOR A PERIOD
 OF  ONE  YEAR  DUE  TO  DAMAGE  TO REAL OR PERSONAL PROPERTY PROXIMATELY
 RESULTING FROM A DISCHARGE; AND
   (E) INTEREST ON LOANS OBTAINED OR  OTHER  OBLIGATIONS  INCURRED  BY  A
 CLAIMANT  FOR  THE  PURPOSE  OF  AMELIORATING  THE  ADVERSE EFFECTS OF A
 DISCHARGE PENDING THE PAYMENT OF A CLAIM IN FULL  AS  PROVIDED  BY  THIS
 ARTICLE.
   10.  IF ANY COURT OF COMPETENT JURISDICTION SHALL FIND ANY SUBDIVISION
 OR SUBDIVISIONS OF THIS SECTION  TO  BE  UNCONSTITUTIONAL  OR  OTHERWISE
 INVALID,  SUCH  FINDINGS  SHALL  NOT AFFECT THE VALIDITY OF THIS SECTION
 WHICH CAN BE GIVEN EFFECT.
   § 2. Subdivision 1 of section 3-0301 of the environmental conservation
 law is amended by adding a new paragraph ii to read as follows:
 S. 7478                             3
 
   II.   MONITOR VESSEL EXHAUST  GAS  CLEANING  SYSTEMS  AS  PROVIDED  IN
 SECTION  THIRTY-THREE-F  OF  THE  NAVIGATION LAW AND ESTABLISHING RULES,
 REGULATIONS AND STANDARDS RELATING THERETO.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.