Bill Text: NY S05197 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to consideration of environmental conditions when permitting petroleum-bearing vessels to operate on the Hudson River.

Spectrum: Moderate Partisan Bill (Democrat 11-3)

Status: (Introduced - Dead) 2017-06-21 - SUBSTITUTED BY A6825A [S05197 Detail]

Download: New_York-2017-S05197-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5197
                               2017-2018 Regular Sessions
                    IN SENATE
                                     March 13, 2017
                                       ___________
        Introduced  by Sens. SERINO, AMEDORE, CARLUCCI -- read twice and ordered
          printed, and when printed to be committed to the Committee on Environ-
          mental Conservation
        AN ACT to amend the environmental conservation law  and  the  navigation
          law,  in  relation  to  consideration of environmental conditions when
          permitting petroleum-bearing vessels to enter  navigable  waters;  and
          repealing  section  seventy-one  of the navigation law relating to the
          petroleum-bearing vessel advisory commission
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  33-0303 of the environmental conservation law is
     2  amended by adding a new subdivision 8 to read as follows:
     3    8. The commissioner in  consultation  with  the  United  States  Coast
     4  Guard,  the  board  of commissioners of pilots, the department of state,
     5  the office of parks, recreation and historic preservation and  appropri-
     6  ate  officials of any state or country, may establish guidelines for the
     7  purpose of carrying out the provisions of section seventy of the naviga-
     8  tion law.
     9    § 2. Section 70 of the navigation law, as added by chapter 898 of  the
    10  laws of 1990, is amended to read as follows:
    11    §  70.  Minimum  conditions  for  petroleum-bearing vessels in certain
    12  areas; tanker-avoidance zones.  1.  The  commissioner  of  environmental
    13  conservation in consultation with [the petroleum-bearing vessel advisory
    14  commission  established  in  section  seventy-one  of this article,] the
    15  United States Coast Guard, the board of  commissioners  of  pilots,  the
    16  department  of state, the office of parks, recreation and historic pres-
    17  ervation and appropriate officials of any state or country with  concur-
    18  rent  jurisdiction  over  water  bodies which might be affected, through
    19  rule and regulation may establish standards setting forth:
    20    (a) the minimum conditions under which  petroleum-bearing  vessels  as
    21  defined  in section one hundred seventy-two of this chapter may enter or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10512-03-7
        S. 5197                             2
     1  move upon the navigable waters of the state and any tidewaters bordering
     2  on or lying within the boundaries of Nassau and Suffolk  counties.  Such
     3  conditions  may include, but not be limited to, visibility, the tide and
     4  wind  conditions  [and],  weather,  environmental conditions such as the
     5  existence of designated significant coastal fish and  wildlife  habitats
     6  and proximity to waterfront communities; and
     7    (b)  the  minimum conditions under which petroleum-bearing vessels may
     8  enter or leave any major facility, port or harbor. Such  conditions  may
     9  include, but not be limited to, visibility, the tide and wind conditions
    10  [and], weather, environmental conditions such as the existence of desig-
    11  nated  significant  coastal  fish and wildlife habitats and proximity to
    12  waterfront communities.
    13    2. The commissioner of environmental conservation may, in consultation
    14  with [the petroleum-bearing vessel advisory  commission  established  in
    15  section seventy-one of this article,] the United States Coast Guard, the
    16  board of commissioners of pilots, the department of state, the office of
    17  parks, recreation and historic preservation and appropriate officials of
    18  any  state  or  country  with  concurrent jurisdiction over water bodies
    19  which might be affected,  establish  tanker-avoidance  zones,  where  it
    20  shall  be  unlawful  for petroleum-bearing vessels as defined in section
    21  one hundred seventy-two of this chapter, to enter [or], move  or  anchor
    22  upon the navigable waters of the state or any tidewaters bordering on or
    23  lying  within  the  boundaries of Nassau and Suffolk counties, except in
    24  cases of great emergency. Such tanker-avoidance zones may be based  upon
    25  physical  and  environmental  conditions  which may include, but are not
    26  limited to, navigational hazards, environmental conditions such  as  the
    27  existence  of  designated significant coastal fish and wildlife habitats
    28  and proximity to waterfront communities.
    29    § 3. Section 71 of the navigation law is REPEALED.
    30    § 4. Subdivision 15-a of section 172 of the navigation law,  as  added
    31  by chapter 898 of the laws of 1990, is amended to read as follows:
    32    15-a.  "Petroleum-bearing vessel" means any vessel transporting petro-
    33  leum in commercial quantities as cargo  or  any  vessel  constructed  or
    34  adapted  for  the carriage of petroleum in bulk, including tank vessels,
    35  barges and tug-barge combinations;
    36    § 5. This act shall take effect immediately.