A09619 Summary:

BILL NOA09619B
 
SAME ASSAME AS S07851-B
 
SPONSORLifton (MS)
 
COSPNSRSweeney, Russell, Lupardo, Englebright, Fahy, Lavine, Jaffee, Rosenthal, Galef, Kavanagh
 
MLTSPNSRRivera, Schimel, Stec
 
Add S9-1710, amd SS71-0703 & 11-0323, En Con L
 
Relates to aquatic invasive species and spread prevention; provides relevant definitions and further relates to launching and environmental concerns; stipulates penalties for violation of this section.
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A09619 Actions:

BILL NOA09619B
 
05/13/2014referred to environmental conservation
05/30/2014amend and recommit to environmental conservation
05/30/2014print number 9619a
06/03/2014reported referred to codes
06/09/2014reported referred to rules
06/16/2014amend (t) and recommit to rules
06/16/2014print number 9619b
06/19/2014reported
06/19/2014rules report cal.608
06/19/2014ordered to third reading rules cal.608
06/19/2014passed assembly
06/19/2014delivered to senate
06/19/2014REFERRED TO RULES
06/20/2014SUBSTITUTED FOR S7851B
06/20/20143RD READING CAL.1703
06/20/2014PASSED SENATE
06/20/2014RETURNED TO ASSEMBLY
08/25/2014delivered to governor
09/02/2014signed chap.330
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A09619 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9619B
 
SPONSOR: Lifton (MS)
  TITLE OF BILL: An act to amend the environmental conservation law, in relation to aquatic invasive species, spread prevention, and penalties; and providing for the repeal of such provisions upon the expiration thereof   PURPOSE: To amend the Environmental Conservation Law (ECL) by adding new sections that will ensure reasonable precautions are taken to prevent the spread of aquatic invasive species. Recreational boating is one of the primary ways in which invasive species are inadvertently transported overland to new waterways. Taking precautionary measures with watercraft and float- ing docks at launch is a simple step that should be taken to prevent the spread of invasive species and protect our waterways as well as the industries that depend on them.   SUMMARY OF SPECIFIC PROVISIONS: This legislation adds new sections to require, upon launch of a water- craft or floating dock into a public waterbody or any inlet or outlet to such waterbody, the demonstration of reasonable precautions such as removal of any visible plant or animal matter, washing, draining or drying as defined by the department pursuant to rules and regulations. Additionally, the legislation would impose a civil penalty on individ- uals found guilty of violating the provisions set forth in this legis- lation, provided, however, that for any first violation in lieu of a penalty there shall be issued a written warning by the Department, and there shall also be issued educational materials at the discretion of the Department. Lastly, the legislation shall take effect one year after it shall have become law, and shall expire and be deemed repealed on June 1, 2019.   JUSTIFICATION: According to the Department of Environmental Conservation (DEC), aquatic invasive species present a serious threat to our environment and econom- ically important industries such as tourism, and commercial and recre- ational fishing. These pests kill native plants and animals by carrying harmful diseases or out-competing natural habitat, changing entire ecosystems. Aquatic invasive species are one of the greatest threats to the State's biodiversity. Once introduced, these species are nearly impossible to eradicate, and expensive to manage. Nationally, the annu- al cost to the economy is estimated at $120 billion a year and in New York, managing invasive species has become a significant drain on local economies. It is far more cost-effective to prevent the spread of these species than attempt to control them once they have already been intro- duced. In addition to the significant economic impact, the growth of invasive species often prevents access to waterways important for the fishing industry.   PRIOR LEGISLATIVE HISTORY: None   FISCAL IMPLICATIONS: Minimal   EFFECTIVE DATE: This bill shall take effect one year after it shall have become a law.
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A09619 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9619--B
 
                   IN ASSEMBLY
 
                                      May 13, 2014
                                       ___________
 
        Introduced  by  M. of A. LIFTON, SWEENEY, RUSSELL, LUPARDO, ENGLEBRIGHT,
          FAHY, LAVINE, JAFFEE -- Multi-Sponsored by -- M. of A. RIVERA, SCHIMEL
          -- read once and referred to the Committee on Environmental  Conserva-
          tion  --  committee  discharged,  bill  amended,  ordered reprinted as
          amended and recommitted to said committee -- reported and referred  to

          the  Committee  on  Codes -- reported and referred to the Committee on
          Rules -- Rules Committee discharged, bill amended,  ordered  reprinted
          as amended and recommitted to the Committee on Rules
 
        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          aquatic  invasive  species,  spread  prevention,  and  penalties;  and
          providing for the repeal of such provisions upon the expiration there-
          of
 
          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 9-1710 to read as follows:
     3  § 9-1710. Aquatic invasive species; spread prevention.
     4    1. For purposes of this section:
     5    (a)  "Watercraft"  shall mean every motorized or non-motorized boat or

     6  vehicle capable of being used or operated as a means  of  transportation
     7  or recreation in or on water.
     8    (b)  "Launch" shall mean to place a watercraft or floating dock into a
     9  public waterbody or any inlet  or  outlet  to  such  waterbody  for  any
    10  purpose,  including  by  trailer  or  other device or carrying by hand a
    11  watercraft into the waterbody.
    12    2. No person shall launch a watercraft or floating dock unless it  can
    13  be demonstrated that reasonable precautions such as removal of any visi-
    14  ble  plant  or  animal matter, washing, draining or drying as defined by
    15  the department pursuant to rules and regulations, have been taken.
    16    § 2. Section 71-0703 of the environmental conservation law is  amended

    17  by adding a new subdivision 10 to read as follows:
    18    10.  Any  person  who violates section 9-1710 of this chapter shall be
    19  guilty of a violation and shall be punishable  and  liable  to  a  civil
    20  penalty as provided in subdivision one of this section, provided, howev-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15022-10-4

        A. 9619--B                          2
 
     1  er,  that  for  any  first violation in lieu of a penalty there shall be
     2  issued a written warning by the  department  and  there  shall  also  be
     3  issued education materials at the discretion of the department regarding

     4  requirements  related  to invasive species. Such person shall be subject
     5  to a fine of up to one hundred fifty dollars for a second offense, up to
     6  two hundred fifty dollars for a third offense,  and  no  less  than  two
     7  hundred fifty dollars nor more than one thousand dollars for a fourth or
     8  subsequent offense.
     9    §  3.  Subdivision 1 of section 11-0323 of the environmental conserva-
    10  tion law, as separately amended by section 19 of part H  of  chapter  58
    11  and chapter 342 of the laws of 2012, is amended to read as follows:
    12    1. The department shall compile and index each year after the adjourn-
    13  ment  of the legislature the laws relating to fish and wildlife, as well
    14  as invasive species (as defined in section 9-1703  and  9-1710  of  this

    15  chapter), as amended to date. Copies of the compilation shall be printed
    16  in  pamphlet form of pocket size in the number for which the legislature
    17  may appropriate funds.
    18    § 4. This act shall take effect one year after it shall have become  a
    19  law,  and  shall  expire and be deemed repealed June 1, 2019.  Effective
    20  immediately, the addition, amendment, and/or repeal of any rule or regu-
    21  lation necessary for the timely implementation of this act on its effec-
    22  tive date is authorized to be made on or before such effective date.
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