S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5197
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              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:
 
   Section  1.  Section  33-0303 of the environmental conservation law is
 amended by adding a new subdivision 8 to read as follows:
   8. THE COMMISSIONER IN  CONSULTATION  WITH  THE  UNITED  STATES  COAST
 GUARD,  THE  BOARD  OF COMMISSIONERS OF PILOTS, THE DEPARTMENT OF STATE,
 THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION AND  APPROPRI-
 ATE  OFFICIALS OF ANY STATE OR COUNTRY, MAY ESTABLISH GUIDELINES FOR THE
 PURPOSE OF CARRYING OUT THE PROVISIONS OF SECTION SEVENTY OF THE NAVIGA-
 TION LAW.
   § 2. Section 70 of the navigation law, as added by chapter 898 of  the
 laws of 1990, is amended to read as follows:
   §  70.  Minimum  conditions  for  petroleum-bearing vessels in certain
 areas; tanker-avoidance zones.  1.  The  commissioner  of  environmental
 conservation in consultation with [the petroleum-bearing vessel advisory
 commission  established  in  section  seventy-one  of this article,] the
 United States Coast Guard, the board of  commissioners  of  pilots,  THE
 DEPARTMENT  OF STATE, THE OFFICE OF PARKS, RECREATION AND HISTORIC PRES-
 ERVATION and appropriate officials of any state or country with  concur-
 rent  jurisdiction  over  water  bodies which might be affected, through
 rule and regulation may establish standards setting forth:
   (a) the minimum conditions under which  petroleum-bearing  vessels  as
 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
 
 move upon the navigable waters of the state and any tidewaters bordering
 on or lying within the boundaries of Nassau and Suffolk  counties.  Such
 conditions  may include, but not be limited to, visibility, the tide and
 wind  conditions  [and],  weather,  ENVIRONMENTAL CONDITIONS SUCH AS THE
 EXISTENCE OF DESIGNATED SIGNIFICANT COASTAL FISH AND  WILDLIFE  HABITATS
 AND PROXIMITY TO WATERFRONT COMMUNITIES; and
   (b)  the  minimum conditions under which petroleum-bearing vessels may
 enter or leave any major facility, port or harbor. Such  conditions  may
 include, but not be limited to, visibility, the tide and wind conditions
 [and], weather, ENVIRONMENTAL CONDITIONS SUCH AS THE EXISTENCE OF DESIG-
 NATED  SIGNIFICANT  COASTAL  FISH AND WILDLIFE HABITATS AND PROXIMITY TO
 WATERFRONT COMMUNITIES.
   2. The commissioner of environmental conservation may, in consultation
 with [the petroleum-bearing vessel advisory  commission  established  in
 section seventy-one of this article,] the United States Coast Guard, the
 board of commissioners of pilots, THE DEPARTMENT OF STATE, THE OFFICE OF
 PARKS, RECREATION AND HISTORIC PRESERVATION and appropriate officials of
 any  state  or  country  with  concurrent jurisdiction over water bodies
 which might be affected,  establish  tanker-avoidance  zones,  where  it
 shall  be  unlawful  for petroleum-bearing vessels as defined in section
 one hundred seventy-two of this chapter, to enter [or], move  OR  ANCHOR
 upon the navigable waters of the state or any tidewaters bordering on or
 lying  within  the  boundaries of Nassau and Suffolk counties, EXCEPT IN
 CASES OF GREAT EMERGENCY. SUCH TANKER-AVOIDANCE ZONES MAY BE BASED  UPON
 PHYSICAL  AND  ENVIRONMENTAL  CONDITIONS  WHICH MAY INCLUDE, BUT ARE NOT
 LIMITED TO, NAVIGATIONAL HAZARDS, ENVIRONMENTAL CONDITIONS SUCH  AS  THE
 EXISTENCE  OF  DESIGNATED SIGNIFICANT COASTAL FISH AND WILDLIFE HABITATS
 AND PROXIMITY TO WATERFRONT COMMUNITIES.
   § 3. Section 71 of the navigation law is REPEALED.
   § 4. Subdivision 15-a of section 172 of the navigation law,  as  added
 by chapter 898 of the laws of 1990, is amended to read as follows:
   15-a.  "Petroleum-bearing vessel" means any vessel transporting petro-
 leum in commercial quantities as cargo  or  any  vessel  constructed  or
 adapted  for  the carriage of petroleum in bulk, INCLUDING TANK VESSELS,
 BARGES AND TUG-BARGE COMBINATIONS;
   § 5. This act shall take effect immediately.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5197--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              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:
 
   Section 1. Subdivision  2  of  section  3-0301  of  the  environmental
 conservation  law  is  amended  by  adding a new paragraph dd to read as
 follows:
   DD. CONSULT WITH THE UNITED STATES COAST GUARD, THE BOARD  OF  COMMIS-
 SIONERS  OF PILOTS, THE DEPARTMENT OF STATE, THE OFFICE OF PARKS, RECRE-
 ATION AND HISTORIC PRESERVATION, THE CHAIRPERSON OF THE  PETROLEUM-BEAR-
 ING VESSEL ADVISORY COMMISSION, AT LEAST ONE LICENSED HUDSON RIVER PILOT
 AND  APPROPRIATE  OFFICIALS OF ANY STATE OR COUNTRY, TO ESTABLISH STAND-
 ARDS FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF SECTIONS  SEVENTY
 AND  SEVENTY-A OF THE NAVIGATION LAW.  THE COMMISSIONER IS AUTHORIZED TO
 PROMULGATE ANY RULES, REGULATIONS OR PROCEDURES WHICH MAY BE  NECESSARY,
 CONVENIENT, OR DESIRABLE TO IMPLEMENT THE PROVISIONS OF SUCH SECTIONS OF
 LAW.
   §  2.  The  navigation  law is amended by adding a new section 70-a to
 read as follows:
   § 70-A. MINIMUM CONDITIONS FOR PETROLEUM-BEARING VESSELS ON THE HUDSON
 RIVER; TANKER-AVOIDANCE ZONES.  1.  THE  COMMISSIONER  OF  ENVIRONMENTAL
 CONSERVATION  IN  CONSULTATION  WITH  THE UNITED STATES COAST GUARD, THE
 BOARD OF COMMISSIONERS OF PILOTS, THE DEPARTMENT OF STATE, THE OFFICE OF
 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
 
 HUDSON RIVER PILOT AND APPROPRIATE OFFICIALS OF ANY STATE WHICH MIGHT BE
 AFFECTED, MAY ESTABLISH GUIDELINES SETTING FORTH:
   (A)  THE  MINIMUM  CONDITIONS UNDER WHICH PETROLEUM-BEARING VESSELS AS
 DEFINED IN SECTION ONE HUNDRED SEVENTY-TWO OF THIS CHAPTER MAY ENTER  OR
 MOVE  UPON THE NAVIGABLE WATERS OF THE HUDSON RIVER. SUCH CONDITIONS MAY
 INCLUDE, BUT NOT BE LIMITED TO: (I) VISIBILITY; (II) THE TIDE  AND  WIND
 CONDITIONS; (III) WEATHER; (IV) ENVIRONMENTAL CONDITIONS; (V) THE EXIST-
 ENCE  OF DESIGNATED SIGNIFICANT COASTAL FISH AND WILDLIFE HABITATS; (VI)
 PROXIMITY TO WATERFRONT COMMUNITIES; (VII) DISPROPORTIONATE  IMPACTS  ON
 COMMUNITIES;  (VIII)  ENVIRONMENTAL  JUSTICE  COMMUNITIES  IMPACTS; (IX)
 FEDERALLY OR STATE IDENTIFIED ENVIRONMENTAL REMEDIATION SITES;  AND  (X)
 CONSIDERATION  OF AN AFFECTED COMMUNITY'S WATERFRONT REVITALIZATION PLAN
 OR COMPREHENSIVE PLAN; AND
   (B) THE MINIMUM CONDITIONS UNDER WHICH PETROLEUM-BEARING  VESSELS  MAY
 ENTER  OR  LEAVE  ANY  MAJOR  FACILITY,  PORT OR HARBOR ALONG THE HUDSON
 RIVER. SUCH CONDITIONS MAY INCLUDE, BUT ARE NOT BE LIMITED TO: (I) VISI-
 BILITY; (II) THE TIDE AND WIND CONDITIONS; (III) WEATHER; (IV)  ENVIRON-
 MENTAL  CONDITIONS;  (V) THE EXISTENCE OF DESIGNATED SIGNIFICANT COASTAL
 FISH AND WILDLIFE HABITATS; (VI) PROXIMITY  TO  WATERFRONT  COMMUNITIES;
 (VII)  DISPROPORTIONATE  IMPACTS  ON  COMMUNITIES;  (VIII) ENVIRONMENTAL
 JUSTICE COMMUNITIES IMPACTS; (IX) FEDERALLY OR STATE IDENTIFIED ENVIRON-
 MENTAL REMEDIATION SITES; AND (X) CONSIDERATION OF AN AFFECTED  COMMUNI-
 TY'S WATERFRONT REVITALIZATION PLAN OR COMPREHENSIVE PLAN.
   2. THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION MAY, IN CONSULTATION
 WITH  THE  UNITED  STATES  COAST  GUARD,  THE  BOARD OF COMMISSIONERS OF
 PILOTS, THE DEPARTMENT OF STATE, THE OFFICE  OF  PARKS,  RECREATION  AND
 HISTORIC  PRESERVATION,  AT LEAST ONE HUDSON RIVER PILOT AND APPROPRIATE
 OFFICIALS OF ANY STATE WHICH MIGHT BE AFFECTED,  ESTABLISH  TANKER-AVOI-
 DANCE ZONES, WHERE IT SHALL BE UNLAWFUL FOR PETROLEUM-BEARING VESSELS AS
 DEFINED  IN  SECTION  ONE HUNDRED SEVENTY-TWO OF THIS CHAPTER, TO ENTER,
 MOVE OR ANCHOR UPON THE NAVIGABLE WATERS OF THE HUDSON RIVER, EXCEPT  IN
 CASES  OF GREAT EMERGENCY. SUCH TANKER-AVOIDANCE ZONES MAY BE BASED UPON
 PHYSICAL AND ENVIRONMENTAL CONDITIONS WHICH MAY  INCLUDE,  BUT  ARE  NOT
 LIMITED  TO:  (I)  NAVIGATIONAL  HAZARDS; (II) ENVIRONMENTAL CONDITIONS;
 (III) THE EXISTENCE OF DESIGNATED SIGNIFICANT COASTAL FISH AND  WILDLIFE
 HABITATS; (IV) PROXIMITY TO WATERFRONT COMMUNITIES; (V) DISPROPORTIONATE
 IMPACTS  ON COMMUNITIES; AND (VI) FEDERALLY OR STATE IDENTIFIED ENVIRON-
 MENTAL REMEDIATION SITES;  AND  MAY  CONSIDER  AN  AFFECTED  COMMUNITY'S
 WATERFRONT  REVITALIZATION  PLAN  OR COMPREHENSIVE PLAN AND THE ENVIRON-
 MENTAL JUSTICE COMMUNITIES IMPACTS, WHICH MAY BE TRIGGERED BY THE ENTER-
 ING, MOVING OR ANCHORING OF SUCH PETROLEUM-BEARING VESSELS, TO  COMMUNI-
 TIES WHICH BORDER THE HUDSON RIVER.
   3. THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION IN CONSULTATION WITH
 THE UNITED STATES COAST GUARD, THE BOARD OF COMMISSIONERS OF PILOTS, THE
 DEPARTMENT  OF STATE, THE OFFICE OF PARKS, RECREATION AND HISTORIC PRES-
 ERVATION, AT LEAST ONE LICENSED HUDSON RIVER PILOT AND APPROPRIATE OFFI-
 CIALS OF ANY STATE WHICH MIGHT BE AFFECTED, SHALL SUBMIT A REPORT TO THE
 GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF  THE
 ASSEMBLY  WITHIN  ONE  HUNDRED TWENTY DAYS OF THE EFFECTIVE DATE OF THIS
 SECTION  REGARDING  RECOMMENDATIONS  ON  PLANS,  POLICIES  AND  PROGRAMS
 AFFECTING  PETROLEUM-BEARING  VESSELS  ON  THE  NAVIGABLE  WATERS OF THE
 HUDSON RIVER, AS WELL AS ON ANY  PROPOSED  RULEMAKING  FROM  THE  UNITED
 STATES COAST GUARD WHICH WOULD IMPACT THE HUDSON RIVER.
   § 3. Section 2 of the navigation law is amended by adding a new subdi-
 vision 4-a to read as follows:

 S. 5197--A                          3
 
   4-A. "NAVIGABLE WATERS OF THE HUDSON RIVER" SHALL MEAN THE PORTIONS OF
 THE  HUDSON  RIVER  WITHIN THE BOUNDARIES OF THE STATE AND NOT PRIVATELY
 OWNED, WHICH ARE NAVIGABLE IN FACT OR UPON WHICH VESSELS ARE OPERATED.
   § 4. This act shall take effect immediately.