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This entry was published on 2017-10-27
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SECTION 70-A
Minimum conditions for petroleum-bearing vessels on the Hudson river; tanker-avoidance zones
Navigation (NAV) CHAPTER 37, ARTICLE 4, PART 2-A
§ 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)
visibility; (ii) the tide and wind conditions; and (iii) weather;

(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
designated 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
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 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.