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

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


                STATE OF NEW YORK
        ________________________________________________________________________
                                         5197--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                     March 13, 2017
                                       ___________
        Introduced by Sens. SERINO, ALCANTARA, AMEDORE, AVELLA, CARLUCCI, KRUEG-
          ER,  LATIMER -- read twice and ordered printed, and when printed to be
          committed to the Committee on Environmental Conservation --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        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
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision  2  of  section  3-0301  of  the  environmental
     2  conservation  law  is  amended  by  adding a new paragraph dd to read as
     3  follows:
     4    dd. Consult with the United States Coast Guard, the board  of  commis-
     5  sioners  of pilots, the department of state, the office of parks, recre-
     6  ation and historic preservation, the chairperson of the  petroleum-bear-
     7  ing vessel advisory commission, at least one licensed Hudson river pilot
     8  and  appropriate  officials of any state or country, to establish stand-
     9  ards for the purpose of carrying out the provisions of sections  seventy
    10  and  seventy-a of the navigation law.  The commissioner is authorized to
    11  promulgate any rules, regulations or procedures which may be  necessary,
    12  convenient, or desirable to implement the provisions of such sections of
    13  law.
    14    §  2.  The  navigation  law is amended by adding a new section 70-a to
    15  read as follows:
    16    § 70-a. Minimum conditions for petroleum-bearing vessels on the Hudson
    17  river; tanker-avoidance zones.  1.  The  commissioner  of  environmental
    18  conservation  in  consultation  with  the United States Coast Guard, the
    19  board of commissioners of pilots, the department of state, the office of
    20  parks, recreation and  historic  preservation,  at  least  one  licensed
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10512-12-7

        S. 5197--A                          2
     1  Hudson river pilot and appropriate officials of any state which might be
     2  affected, may establish guidelines setting forth:
     3    (a)  the  minimum  conditions under which petroleum-bearing vessels as
     4  defined in section one hundred seventy-two of this chapter may enter  or
     5  move  upon the navigable waters of the Hudson river. Such conditions may
     6  include, but not be limited to: (i) visibility; (ii) the tide  and  wind
     7  conditions; (iii) weather; (iv) environmental conditions; (v) the exist-
     8  ence  of designated significant coastal fish and wildlife habitats; (vi)
     9  proximity to waterfront communities; (vii) disproportionate  impacts  on
    10  communities;  (viii)  environmental  justice  communities  impacts; (ix)
    11  federally or state identified environmental remediation sites;  and  (x)
    12  consideration  of an affected community's waterfront revitalization plan
    13  or comprehensive plan; and
    14    (b) the minimum conditions under which petroleum-bearing  vessels  may
    15  enter  or  leave  any  major  facility,  port or harbor along the Hudson
    16  river. Such conditions may include, but are not be limited to: (i) visi-
    17  bility; (ii) the tide and wind conditions; (iii) weather; (iv)  environ-
    18  mental  conditions;  (v) the existence of designated significant coastal
    19  fish and wildlife habitats; (vi) proximity  to  waterfront  communities;
    20  (vii)  disproportionate  impacts  on  communities;  (viii) environmental
    21  justice communities impacts; (ix) federally or state identified environ-
    22  mental remediation sites; and (x) consideration of an affected  communi-
    23  ty's waterfront revitalization plan or comprehensive plan.
    24    2. The commissioner of environmental conservation may, in consultation
    25  with  the  United  States  Coast  Guard,  the  board of commissioners of
    26  pilots, the department of state, the office  of  parks,  recreation  and
    27  historic  preservation,  at least one Hudson river pilot and appropriate
    28  officials of any state which might be affected,  establish  tanker-avoi-
    29  dance zones, where it shall be unlawful for petroleum-bearing vessels as
    30  defined  in  section  one hundred seventy-two of this chapter, to enter,
    31  move or anchor upon the navigable waters of the Hudson river, except  in
    32  cases  of great emergency. Such tanker-avoidance zones may be based upon
    33  physical and environmental conditions which may  include,  but  are  not
    34  limited  to:  (i)  navigational  hazards; (ii) environmental conditions;
    35  (iii) the existence of designated significant coastal fish and  wildlife
    36  habitats; (iv) proximity to waterfront communities; (v) disproportionate
    37  impacts  on communities; and (vi) federally or state identified environ-
    38  mental remediation sites;  and  may  consider  an  affected  community's
    39  waterfront  revitalization  plan  or comprehensive plan and the environ-
    40  mental justice communities impacts, which may be triggered by the enter-
    41  ing, moving or anchoring of such petroleum-bearing vessels, to  communi-
    42  ties which border the Hudson River.
    43    3. The commissioner of environmental conservation in consultation with
    44  the United States Coast Guard, the board of commissioners of pilots, the
    45  department  of state, the office of parks, recreation and historic pres-
    46  ervation, at least one licensed Hudson river pilot and appropriate offi-
    47  cials of any state which might be affected, shall submit a report to the
    48  governor, the temporary president of the senate, and the speaker of  the
    49  assembly  within  one  hundred twenty days of the effective date of this
    50  section  regarding  recommendations  on  plans,  policies  and  programs
    51  affecting  petroleum-bearing  vessels  on  the  navigable  waters of the
    52  Hudson river, as well as on any  proposed  rulemaking  from  the  United
    53  States Coast Guard which would impact the Hudson river.
    54    § 3. Section 2 of the navigation law is amended by adding a new subdi-
    55  vision 4-a to read as follows:

        S. 5197--A                          3
     1    4-a. "Navigable waters of the Hudson river" shall mean the portions of
     2  the  Hudson  river  within the boundaries of the state and not privately
     3  owned, which are navigable in fact or upon which vessels are operated.
     4    § 4. This act shall take effect immediately.
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