S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9316
 
                           I N  A S S E M B L Y
 
                             February 23, 2022
                                ___________
 
 Introduced  by  M.  of  A.  PALMESANO  --  read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the navigation law,  in  relation  to  establishing  the
   marine electric propulsion health and environmental impact program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The navigation law is amended by adding a new section  76-a
 to read as follows:
   §  76-A.  MARINE  ELECTRIC  PROPULSION HEALTH AND ENVIRONMENTAL IMPACT
 PROGRAM. 1. FOR THE PURPOSES OF THIS SECTION  "MARINE  ELECTRIC  PROPUL-
 SION"  SHALL  MEAN  ALL MECHANICAL, ELECTRICAL AND PHYSICAL ASPECTS OF A
 POWERTRAIN CONSISTING OF AN ELECTRIC  MOTOR  POWERED  BY  A  LITHIUM-ION
 BATTERY  OR BANK OF BATTERIES, WHICH FUNCTIONS AS THE PRIMARY PROPULSION
 SYSTEM OF A BOAT OR PERSONAL WATERCRAFT.
   2. THE COMMISSIONER, IN CONSULTATION WITH THE NATIONAL  TRANSPORTATION
 SAFETY  BOARD,  THE  COMMISSIONER  OF ENVIRONMENTAL CONSERVATION AND THE
 COMMISSIONER OF HEALTH, SHALL ESTABLISH AND IMPLEMENT A MARINE  ELECTRIC
 PROPULSION ENVIRONMENTAL AND HEALTH IMPACT PROGRAM WITHIN THE OFFICE.
   3. SUCH PROGRAM SHALL PROVIDE EDUCATION, ADVOCACY AND INCREASED AWARE-
 NESS  OF THE ENVIRONMENTAL AND HEALTH IMPACTS OF MARINE ELECTRIC PROPUL-
 SION SYSTEMS. SUCH ENVIRONMENTAL AND HEALTH IMPACTS SHALL  INCLUDE,  BUT
 SHALL NOT BE LIMITED TO:
   (A) THE RELEASE OF ENVIRONMENTAL CONTAMINANTS FROM MARINE-RATED LITHI-
 UM-ION  BATTERY  CELLS  IN THE EVENT OF A LOSS OF BATTERY INTEGRITY, AND
 THEIR ENVIRONMENTAL AND HEALTH EFFECTS;
   (B) IMPACTS ASSOCIATED WITH THE DECOMPOSITION OF  LITHIUM-ION  BATTERY
 COMPONENTS,  PARTICULARLY IN CASES OF BATTERY IMMERSION IN BOTH SALT AND
 FRESH WATER;
   (C) VARIOUS RISKS OF ELECTROCUTION, ESPECIALLY ELECTRIC  SHOCK  DROWN-
 ING;
   (D)  SAFETY REQUIREMENTS FOR THE MOORING, LAUNCH AND RECOVERY OF ELEC-
 TRIC BOATS AT NEW YORK STATE PARKS, SHORELINES, INLAND WATERWAYS AND ANY
 OTHER LOCATIONS WHERE BOATS AND PERSONAL WATERCRAFT ARE COMMONLY HANDLED
 OR MOORED;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13030-02-1
 A. 9316                             2
 
   (E) SPECIFIC FIRE RISKS ASSOCIATED WITH LITHIUM-ION BATTERY COMBUSTION
 IN THE EVENT  OF  WATER-BORNE  COLLISIONS,  VEHICULAR  COLLISIONS  WHILE
 TRAILERING, OR SHORT-CIRCUITS; AND
   (F)  ANY  OTHER  EVENT  WHICH MIGHT RESULT IN A NEGATIVE IMPACT TO THE
 BATTERY WITHIN THREE HUNDRED FEET OF A SHORELINE, DOCK,  RAMP,  PIER  OR
 ANY OTHER MOORING POINT WHERE SWIMMERS MIGHT BE PRESENT.
   4. THE OFFICE SHALL CREATE A FACT SHEET CONTAINING INFORMATION REGARD-
 ING  THE  ENVIRONMENTAL AND HEALTH IMPACTS OF MARINE ELECTRIC PROPULSION
 SYSTEMS PURSUANT TO SUBDIVISION THREE OF THIS SECTION. SUCH  FACT  SHEET
 SHALL BE DISTRIBUTED UPON THE SUCCESSFUL COMPLETION OF AN APPROVED BOAT-
 ING  SAFETY  COURSE PURSUANT TO SECTION SEVENTY-FIVE OF THIS PART. ADDI-
 TIONALLY, THE OFFICE SHALL DISTRIBUTE OR OTHERWISE MAKE SUCH INFORMATION
 AVAILABLE AT ANY OTHER LOCATIONS AND IN ANY SUCH MANNER THE COMMISSIONER
 DEEMS NECESSARY OR ADVISABLE.
   5. THE OFFICE SHALL PROMULGATE  SUCH  RULES  AND  REGULATIONS  AS  ARE
 NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect immediately.