STATE OF NEW YORK
________________________________________________________________________
5197--B
2017-2018 Regular Sessions
IN SENATE
March 13, 2017
___________
Introduced by Sens. SERINO, ALCANTARA, AMEDORE, AVELLA, CARLUCCI, HAMIL-
TON, KRUEGER, LATIMER, STEWART-COUSINS -- read twice and ordered
printed, and when printed to be committed to the Committee on Environ-
mental Conservation -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- reported
favorably from said committee and committed to the Committee on Rules
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the navigation law, in relation to consideration of
environmental conditions when permitting petroleum-bearing vessels to
operate on the Hudson River
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The navigation law is amended by adding a new section 70-a
2 to read as follows:
3 § 70-a. Minimum conditions for petroleum-bearing vessels on the Hudson
4 river; tanker-avoidance zones. 1. The commissioner of environmental
5 conservation in consultation with the United States Coast Guard, the
6 board of commissioners of pilots, the department of state, at least one
7 licensed Hudson river pilot and appropriate officials of any state which
8 might be affected, may establish guidelines setting forth:
9 (a) the minimum conditions under which petroleum-bearing vessels as
10 defined in section one hundred seventy-two of this chapter may enter or
11 move upon the navigable waters of the Hudson river. Such conditions may
12 include, but not be limited to: (i) visibility; (ii) the tide and wind
13 conditions; and (iii) weather;
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; and (iii) weather;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10512-13-7
S. 5197--B 2
1 (c) the establishment of tanker-avoidance zones, where it shall be
2 unlawful for petroleum-bearing vessels as defined in section one hundred
3 seventy-two of this chapter, to enter, move or anchor upon the navigable
4 waters of the Hudson river, except in cases of great emergency. Such
5 tanker-avoidance zones may be based upon physical and environmental
6 conditions which may include, but are not limited to: (i) navigational
7 hazards; (ii) environmental conditions; (iii) the existence of desig-
8 nated significant coastal fish and wildlife habitats; (iv) proximity to
9 waterfront communities; (v) disproportionate impacts on communities; and
10 (vi) federally or state identified environmental remediation sites; and
11 may consider an affected community's waterfront revitalization plan or
12 comprehensive plan and the environmental justice communities impacts.
13 2. The commissioner of environmental conservation following consulta-
14 tion with the United States Coast Guard, the board of commissioners of
15 pilots, the department of state, the office of parks, recreation and
16 historic preservation, at least one licensed Hudson river pilot and
17 appropriate officials of any state which might be affected, shall submit
18 a report to the governor, the temporary president of the senate, and the
19 speaker of the assembly within one hundred twenty days of the effective
20 date of this section regarding recommendations on plans, policies and
21 programs affecting petroleum-bearing vessels on the navigable waters of
22 the Hudson river, as well as on any proposed rulemaking from the United
23 States Coast Guard which would impact the Hudson river.
24 § 2. This act shall take effect immediately.
