Bill Text: NY S07010 | 2021-2022 | General Assembly | Amended
Bill Title: Authorizes the establishment of aquatic invasive species inspection stations at certain locations in the Adirondack park to inspect motorized watercraft for the presence of organisms or organic material that may harbor aquatic invasive species; authorizes self-issuing certification; directs education and outreach; makes permanent certain provisions of law relating to aquatic invasive species spread prevention.
Spectrum: Slight Partisan Bill (Democrat 15-7)
Status: (Passed) 2021-12-10 - APPROVAL MEMO.64 [S07010 Detail]
Download: New_York-2021-S07010-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7010--C 2021-2022 Regular Sessions IN SENATE May 24, 2021 ___________ Introduced by Sens. KAMINSKY, GOUNARDES, HOYLMAN, KRUEGER, MAY, SALAZAR, SERRANO, STEC -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the environmental conservation law, in relation to aquatic invasive species inspection stations and spread prevention efforts; and to amend chapter 330 of the laws of 2014, amending the environmental conservation law relating to aquatic invasive species, spread prevention, and penalties, in relation to making such provisions permanent The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The environmental conservation law is amended by adding a 2 new section 9-1711 to read as follows: 3 § 9-1711. Aquatic invasive species inspection stations in the Adirondack 4 park. 5 1. The department may establish aquatic invasive species inspection 6 stations at any location in the Adirondack park and within a ten-mile 7 radius of the Adirondack park boundary, including, but not limited to: 8 interstate borders, highways, or other roads; locations adjacent to or 9 near waters; and at state-owned facilities to ensure compliance with the 10 requirements of section 9-1710 of this title. Projects to establish 11 such aquatic invasive species inspection stations shall be eligible for 12 funding from appropriations made for access and stewardship projects 13 within the parks, recreation and historic preservation account estab- 14 lished pursuant to section ninety-two-s of the state finance law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11361-18-1S. 7010--C 2 1 2. Before entering a waterbody, owners and operators of motorized 2 watercraft who are not in possession of a self-issuing certification or 3 an inspection or decontamination certificate since their last operation 4 of such watercraft in a waterbody shall stop at an aquatic invasive 5 species inspection station where such station is located adjacent to 6 such waterbody and open at the time of entering the waterbody in order 7 to inspect their watercraft to ensure compliance with the require- 8 ments of section 9-1710 of this title. The department shall maintain on 9 their website a list of such stations and their operating hours in order 10 to assist motorized watercraft owners and operators in locating stations 11 where they can inspect and clean their watercraft. 12 3. The department or other entity designated by the department may 13 issue an inspection or decontamination certificate to the owner or 14 person in possession of a motorized watercraft that has been inspected. 15 Such certificate shall include the following details: (a) the name of 16 the department and of the person who conducted the inspection; (b) the 17 date, place, and time of inspection; (c) any preventative measures 18 performed or ordered; and (d) decontamination performed. 19 4. If the department or designated entity issues an inspection or 20 decontamination certificate to the owner or person in possession of the 21 motorized watercraft, the department or designated entity may attach a 22 tamperproof tag to the motorized watercraft to certify such motorized 23 watercraft arriving at a boat launch with unbroken tags could launch 24 without an additional inspection. Such tag may only be removed prior to 25 a launch. 26 5. The department may recognize an inspection or decontamination 27 certificate issued by another governmental entity, if the other govern- 28 mental entity adheres to the minimum standards for inspection and decon- 29 tamination as determined by the department, including but not limited to 30 recognized uniform standards. 31 6. The department will review all data collected at aquatic invasive 32 species inspection stations, including any data from designated enti- 33 ties, to identify any changes to the current practices to better protect 34 Adirondack lakes and waters. 35 § 2. Section 9-1710 of the environmental conservation law is amended 36 by adding two new subdivisions 3 and 4 to read as follows: 37 3. The department may create and maintain a self-issuing certification 38 designed for a person to demonstrate that reasonable precautions have 39 been taken prior to launching a watercraft. 40 4. The department shall conduct education and outreach efforts includ- 41 ing, but not limited to the following: 42 (a) establish and maintain a public website for the dissemination of 43 educational materials to promote cleaning, draining and drying of water- 44 crafts; 45 (b) develop and distribute educational materials including, but not 46 limited to, the most effective methods to prevent the spread of aquatic 47 invasive species, and the potential for live wells and other interior 48 water compartments to carry aquatic invasive species such as the spiny 49 water flea; and 50 (c) include boat washing education in approved boating safety courses. 51 § 3. Section 4 of chapter 330 of the laws of 2014, amending the envi- 52 ronmental conservation law relating to aquatic invasive species, spread 53 prevention, and penalties, as amended by section 1 of item O of subpart 54 B of part XXX of chapter 58 of the laws of 2020, is amended to read as 55 follows:S. 7010--C 3 1 § 4. This act shall take effect one year after it shall have become a 2 law[, and shall expire and be deemed repealed June 1, 2021]. Effective 3 immediately, the addition, amendment, and/or repeal of any rule or regu- 4 lation necessary for the timely implementation of this act on its effec- 5 tive date is authorized to be made on or before such effective date. 6 § 4. Notwithstanding the provisions of article 5 of the general 7 construction law, the provisions of section 9-1710 of the environmental 8 conservation law, as amended by section two of this act, are hereby 9 revived and shall continue in full force and effect as such provisions 10 existed on May 31, 2021. 11 § 5. This act shall take effect immediately; provided, however, that 12 sections one and two of this act shall take effect on the one hundred 13 eightieth day after it shall have become a law; and provided further, 14 however, that section three of this act shall be deemed to have been in 15 full force and effect on and after June 1, 2021.
