NY State Senate Bill 2021-S7010A

Senate Bill S7010A

Signed By Governor

2021-2022 Legislative Session

Authorizes the establishment of aquatic invasive species inspection stations in Adirondack park to inspect motorized watercraft for the presence of organisms or organic material that may harbor invasive species

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 10, 2021	approval memo.64 signed chap.673
Nov 29, 2021	delivered to governor
Jun 09, 2021	returned to senate passed assembly ordered to third reading rules cal.625 substituted for a7735a
Jun 08, 2021	referred to ways and means delivered to assembly passed senate
Jun 07, 2021	ordered to third reading cal.1583 committee discharged and committed to rules
Jun 05, 2021	print number 7010c
Jun 05, 2021	amend and recommit to environmental conservation
Jun 03, 2021	print number 7010b
Jun 03, 2021	amend and recommit to environmental conservation
May 26, 2021	print number 7010a
May 26, 2021	amend and recommit to environmental conservation
May 24, 2021	referred to environmental conservation

Votes

- Jun 8, 2021 - Floor Vote
  S7010A
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 8, 2021
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  Jun 7, 2021 - Rules Committee Vote
  S7010A
  
  21
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 7, 2021
      
      aye (21)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Ritchie
      
      Savino
      
      Stewart-Cousins

Bill Amendments

Original

C (Active)

co-Sponsors

2021-S7010 - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Add §9-1711, amd §9-1710, En Con L; amd §4, Chap 330 of 2014

2021-S7010 - Summary

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.

2021-S7010 - Sponsor Memo

                                
 
BILL NUMBER: S7010

SPONSOR: KAMINSKY
 
TITLE OF BILL:

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 the effectiveness ther-
eof

 
PURPOSE OR GENERAL IDEA OF BILL:

To make permanent the requirement that boaters take reasonable precau-
tions to clean, drain and dry their watercraft before launching in New
York State Waters, and to grant the Department of Environmental Conser-
vation with the authority to conduct inspections and decontaminations of
watercraft for the prevention of invasive species within the Adirondack
Park or a 10-mile radius of its boundary

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Grants the Department of Environmental Conservation with the
authority to establish aquatic invasive species inspection stations at
any location in the Adirondack Park or within a ten-mile radius of the
Park boundary and to inspect the exterior and interior of motorized
watercraft for the presence of organisms or organic material that may
harbor aquatic invasive species. Allows, DEC to issue a certificate in
the form of a tamperproof tag.

Section 2. Requires the department to create a self-issuing certif-
ication for parsons to demonstrate that precautions have been taken to
decontaminate a boat prior to launching.

Section 3. Removes the expiration date from section 4 of chapter 330 of
the laws of 2014, requiring boaters to take reasonable precautions to
clean, drain and dry their watercraft or floating dock before launching
into state waters.

Section 4. Effective date.   
JUSTIFICATION:

This bill enshrines protections from aquatic invasive species safegaurds
for the Adirondack Park. The "clean, drain, dry" method is the proven
technique to prevent the spread of aquatic invasive species but is it is
set to expire soon. This legislation therefore makes the program perma-
nent so that boaters will take reasonable precautions to clean, drain
and dry their watercraft before entering New York State waters.

Additionally, the 6 million acre Adirondack Park contains more than
3,000 lakes, 8,000 ponds, and more than 1,500 miles of rivers, fed by an
estimated 30,000 miles of brooks and streams. Clean water is a central
attraction that brings more than 12 million visitors to the region,
benefiting hotels, restaurants, marinas, fishing guides and outfitters,
and retail stores. Aquatic invasive species infestations are difficult
and expensive to control once they have made their way into the water.

This legislation will better protect Adirondack waters by providing a
foundational statutory authority for the already robust aquatic invasive
species spread prevention program in the Adirondacks. The current
program is underutilized by the boating public, and this legislation
clearly grants the department the authority to inspect a boat and order
decontamination if evidence of aquatic invasive species is found or
suspected to be present.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that section
one of this act shall take effect on the one hundred eightieth day after
it shall have become a law.

2021-S7010 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7010
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 24, 2021
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 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  the  effectiveness
   thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The environmental conservation law is amended by  adding  a
 new section 9-1711 to read as follows:
 § 9-1711. AQUATIC INVASIVE SPECIES INSPECTIONS IN THE ADIRONDACK PARK.
   1.  THE  DEPARTMENT  MAY ESTABLISH AQUATIC INVASIVE SPECIES INSPECTION
 STATIONS AT ANY LOCATION IN THE ADIRONDACK PARK  BOUNDARY  OR  WITHIN  A
 TEN-MILE  RADIUS  OF THE PARK, INCLUDING, BUT NOT LIMITED TO: INTERSTATE
 BORDERS, HIGHWAYS, OR OTHER ROADS; LOCATIONS ADJACENT TO OR NEAR WATERS;
 AND AT STATE-OWNED FACILITIES TO ENSURE COMPLIANCE WITH THE REQUIREMENTS
 OF SECTION 9-1710 OF THIS TITLE.
   2. THE DEPARTMENT MAY REQUIRE VEHICLES WITH  MOTORIZED  WATERCRAFT  TO
 STOP  AT AQUATIC INVASIVE SPECIES INSPECTION STATIONS WHEN SUCH STATIONS
 ARE MARKED AS  OPEN  AND  OPERATIONAL  TO  ENSURE  COMPLIANCE  WITH  THE
 REQUIREMENTS OF SECTION 9-1710 OF THIS TITLE.
   3.  THE DEPARTMENT OR ANOTHER ENTITY DESIGNATED BY THE DEPARTMENT MAY,
 UPON STOPPING  A  MOTORIZED  WATERCRAFT  FOR  AQUATIC  INVASIVE  SPECIES
 INSPECTION,  INSPECT  ANY PART OUTSIDE THE MOTORIZED WATERCRAFT KNOWN TO
 POTENTIALLY CARRY INVASIVE SPECIES. THE  DEPARTMENT  OR  ANOTHER  ENTITY
 DESIGNATED  BY  THE  DEPARTMENT MAY INSPECT ANY COMPARTMENT OR CONTAINER
 INSIDE THE MOTORIZED WATERCRAFT THAT IS REASONABLY  BELIEVED  TO  HARBOR
 WATER  FROM  A  WATER BODY CONTAMINATED WITH INVASIVE SPECIES, INCLUDING
 BUT NOT LIMITED TO THE SPINY WATER FLEA. THE DEPARTMENT OR ANOTHER ENTI-
 TY DESIGNATED BY THE DEPARTMENT MAY  THEN  WASH  AND  DECONTAMINATE  THE
 MOTORIZED  WATERCRAFT  AND  COMPARTMENTS, OR DIRECT THE MOTORIZED WATER-
 CRAFT TO THE NEAREST AQUATIC INVASIVE  SPECIES  INSPECTION  STATION  FOR

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11361-05-1

 S. 7010                             2

 DECONTAMINATION  IF  ONE  IS NOT KNOWN TO EXIST ON THE WATERBODY THAT IS
 THEIR DESTINATION.
   4.  THE  DEPARTMENT OR ANOTHER ENTITY DESIGNATED BY THE DEPARTMENT MAY
 ISSUE AN INSPECTION OR  DECONTAMINATION  CERTIFICATE  TO  THE  OWNER  OR
 PERSON  IN POSSESSION OF A MOTORIZED WATERCRAFT THAT HAS BEEN INSPECTED.
 SUCH CERTIFICATE SHALL INCLUDE THE FOLLOWING DETAILS: (A)  THE  NAME  OF
 THE  DEPARTMENT OR DESIGNATED ENTITY AND OF THE PERSON WHO CONDUCTED THE
 INSPECTION; (B) THE DATE, PLACE, AND TIME OF INSPECTION; (C) ANY PREVEN-
 TATIVE MEASURES PERFORMED OR ORDERED; AND (D) DECONTAMINATION PERFORMED.
   5. IF THE DEPARTMENT OR DESIGNATED  ENTITY  ISSUES  AN  INSPECTION  OR
 DECONTAMINATION  CERTIFICATE TO THE OWNER OR PERSON IN POSSESSION OF THE
 MOTORIZED WATERCRAFT, THE DEPARTMENT OR DESIGNATED ENTITY MAY  ATTACH  A
 TAMPERPROOF  TAG  TO  THE MOTORIZED WATERCRAFT TO CERTIFY SUCH MOTORIZED
 WATERCRAFT ARRIVING AT A BOAT LAUNCH WITH  UNBROKEN  TAGS  COULD  LAUNCH
 WITHOUT  AN ADDITIONAL INSPECTION. SUCH TAG MAY ONLY BE REMOVED PRIOR TO
 A LAUNCH.
   6. THE DEPARTMENT  MAY  RECOGNIZE  AN  INSPECTION  OR  DECONTAMINATION
 CERTIFICATE  ISSUED BY ANOTHER GOVERNMENTAL ENTITY, IF THE OTHER GOVERN-
 MENTAL ENTITY ADHERES TO THE MINIMUM STANDARDS FOR INSPECTION AND DECON-
 TAMINATION AS DETERMINED BY THE DEPARTMENT, INCLUDING BUT NOT LIMITED TO
 RECOGNIZED UNIFORM STANDARDS.
   7. THE DEPARTMENT IS AUTHORIZED TO  PROMULGATE  ANY  RULES  AND  REGU-
 LATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   8.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO LIMIT ANY CONSTITU-
 TIONAL, STATUTORY OR COMMON LAW PROTECTIONS OF THE OWNER  OR  PERSON  IN
 POSSESSION  OF  THE MOTORIZED WATERCRAFT OR TO GRANT ANY INDIVIDUAL WITH
 POWERS NOT SPECIFICALLY SET FORTH IN THIS CHAPTER OR ANY RULES OR  REGU-
 LATIONS ESTABLISHED PURSUANT TO THIS SECTION.
   §  2.  Section 9-1710 of the environmental conservation law is amended
 by adding two new subdivisions 3 and 4 to read as follows:
   3. THE DEPARTMENT SHALL CREATE AND  MAINTAIN  A  SELF-ISSUING  CERTIF-
 ICATION DESIGNED FOR A PERSON TO DEMONSTRATE THAT REASONABLE PRECAUTIONS
 HAVE BEEN TAKEN PRIOR TO LAUNCHING A WATERCRAFT.
   4. THE DEPARTMENT SHALL CONDUCT EDUCATION AND OUTREACH EFFORTS INCLUD-
 ING, BUT NOT LIMITED TO, THE FOLLOWING:
   A. ESTABLISHING AND MAINTAINING A PUBLIC WEBSITE FOR THE DISSEMINATION
 OF  EDUCATIONAL  MATERIALS  TO  PROMOTE CLEANING, DRAINING AND DRYING OF
 WATERCRAFTS;
   B. DEVELOPING AND DISTRIBUTING EDUCATIONAL MATERIALS; AND
   C. INCLUDING BOAT WASHING EDUCATION IN APPROVED BOATING SAFETY  COURS-
 ES.
   §  3. Section 4 of chapter 330 of the laws of 2014, amending the envi-
 ronmental conservation law relating to aquatic invasive species,  spread
 prevention,  and penalties, as amended by section 1 of item O of subpart
 B of part XXX of chapter 58 of the laws of 2020, is amended to  read  as
 follows:
   §  4. This act shall take effect one year after it shall have become a
 law[, and shall expire and be deemed repealed June 1,  2021].  Effective
 immediately,  the addition, amendment and/or repeal of any rule or regu-
 lation necessary for the timely implementation of this act on its effec-
 tive date is authorized to be made on or before such effective date.
   § 4. This act shall take effect immediately; provided,  however,  that
 section  one  of this act shall take effect on the one hundred eightieth
 day after it shall have become a law.

co-Sponsors

View additional co-sponsors

2021-S7010A - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Add §9-1711, amd §9-1710, En Con L; amd §4, Chap 330 of 2014

2021-S7010A - Summary

2021-S7010A - Sponsor Memo

                                
 
BILL NUMBER: S7010A

SPONSOR: KAMINSKY
 
TITLE OF BILL:

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 the effectiveness ther-
eof

 
PURPOSE OR GENERAL IDEA OF BILL:

To make permanent the requirement that boaters take reasonable precau-
tions to clean, drain and dry their watercraft before launching in New
York State Waters, and to grant the Department of Environmental Conser-
vation with the authority to conduct inspections and decontaminations of
watercraft for the prevention of invasive species within the Adirondack
Park or a 10-mile radius of its boundary

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Grants the Department of Environmental Conservation with the
authority to establish aquatic invasive species inspection stations at
any location in the Adirondack Park or within a ten-mile radius of the
Park boundary and to inspect the exterior and interior of motorized
watercraft for the presence of organisms or organic material that may
harbor aquatic invasive species. Allows, DEC to issue a certificate in
the form of a tamperproof tag.

Section 2. Requires the department to create a self-issuing certif-
ication for parsons to demonstrate that precautions have been taken to
decontaminate a boat prior to launching.

Section 3. Removes the expiration date from section 4 of chapter 330 of
the laws of 2014, requiring boaters to take reasonable precautions to
clean, drain and dry their watercraft or floating dock before launching
into state waters.

Section 4. Effective date.

 
JUSTIFICATION:

This bill enshrines protections from aquatic invasive species safegaurds
for the Adirondack Park. The "clean, drain, dry" method is the proven
technique to prevent the spread of aquatic invasive species but is it is
set to expire soon. This legislation therefore makes the program perma-
nent so that boaters will take reasonable precautions to clean, drain
and dry their watercraft before entering New York State waters.

Additionally, the 6 million acre Adirondack Park contains more than
3,000 lakes, 8,000 ponds, and more than 1,500 miles of rivers, fed by an
estimated 30,000 miles of brooks and streams. Clean water is a central
attraction that brings more than 12 million visitors to the region,
benefiting hotels, restaurants, marinas, fishing guides and outfitters,
and retail stores. Aquatic invasive species infestations are difficult
and expensive to control once they have made their way into the water.

This legislation will better protect Adirondack waters by providing a
foundational statutory authority for the already robust aquatic invasive
species spread prevention program in the Adirondacks. The current
program is underutilized by the boating public, and this legislation
clearly grants the department the authority to inspect a boat and order
decontamination if evidence of aquatic invasive species is found or
suspected to be present.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that section
one of this act shall take effect on the one hundred eightieth day after
it shall have become a law.

2021-S7010A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7010--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 24, 2021
                                ___________
 
 Introduced  by  Sens.  KAMINSKY,  MAY,  SERRANO,  STEC -- 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,  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  the  effectiveness
   thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The environmental conservation law is amended by  adding  a
 new section 9-1711 to read as follows:
 § 9-1711. AQUATIC INVASIVE SPECIES INSPECTIONS IN THE ADIRONDACK PARK.
   1.  THE  DEPARTMENT  MAY ESTABLISH AQUATIC INVASIVE SPECIES INSPECTION
 STATIONS AT ANY LOCATION IN THE ADIRONDACK PARK  BOUNDARY  OR  WITHIN  A
 TEN-MILE  RADIUS  OF THE PARK, INCLUDING, BUT NOT LIMITED TO: INTERSTATE
 BORDERS, HIGHWAYS, OR OTHER ROADS; LOCATIONS ADJACENT TO OR NEAR WATERS;
 AND AT STATE-OWNED FACILITIES TO ENSURE COMPLIANCE WITH THE REQUIREMENTS
 OF SECTION 9-1710 OF THIS TITLE.
   2. THE DEPARTMENT MAY REQUIRE VEHICLES WITH  MOTORIZED  WATERCRAFT  TO
 STOP  AT AQUATIC INVASIVE SPECIES INSPECTION STATIONS WHEN SUCH STATIONS
 ARE MARKED AS  OPEN  AND  OPERATIONAL  TO  ENSURE  COMPLIANCE  WITH  THE
 REQUIREMENTS OF SECTION 9-1710 OF THIS TITLE.
   3. THE DEPARTMENT MAY, UPON STOPPING A MOTORIZED WATERCRAFT FOR AQUAT-
 IC  INVASIVE  SPECIES INSPECTION, INSPECT ANY PART OUTSIDE THE MOTORIZED
 WATERCRAFT KNOWN TO POTENTIALLY CARRY INVASIVE SPECIES.  THE  DEPARTMENT
 MAY INSPECT ANY COMPARTMENT OR CONTAINER INSIDE THE MOTORIZED WATERCRAFT
 THAT  IS  REASONABLY  BELIEVED TO HARBOR WATER FROM A WATER BODY CONTAM-
 INATED WITH INVASIVE SPECIES.  THE DEPARTMENT MAY THEN DECONTAMINATE THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11361-07-1

 S. 7010--A                          2
 
 MOTORIZED WATERCRAFT OR THE DEPARTMENT MAY DIRECT THE  MOTORIZED  WATER-
 CRAFT  TO  BE DECONTAMINATED BY ANOTHER ENTITY DESIGNATED BY THE DEPART-
 MENT.
   4.  THE  DEPARTMENT OR ANOTHER ENTITY DESIGNATED BY THE DEPARTMENT MAY
 ISSUE AN INSPECTION OR  DECONTAMINATION  CERTIFICATE  TO  THE  OWNER  OR
 PERSON  IN POSSESSION OF A MOTORIZED WATERCRAFT THAT HAS BEEN INSPECTED.
 SUCH CERTIFICATE SHALL INCLUDE THE FOLLOWING DETAILS: (A)  THE  NAME  OF
 THE  DEPARTMENT OR DESIGNATED ENTITY AND OF THE PERSON WHO CONDUCTED THE
 INSPECTION; (B) THE DATE, PLACE, AND TIME OF INSPECTION; (C) ANY PREVEN-
 TATIVE MEASURES PERFORMED OR ORDERED; AND (D) DECONTAMINATION PERFORMED.
   5. IF THE DEPARTMENT OR DESIGNATED  ENTITY  ISSUES  AN  INSPECTION  OR
 DECONTAMINATION  CERTIFICATE TO THE OWNER OR PERSON IN POSSESSION OF THE
 MOTORIZED WATERCRAFT, THE DEPARTMENT OR DESIGNATED ENTITY MAY  ATTACH  A
 TAMPERPROOF  TAG  TO  THE MOTORIZED WATERCRAFT TO CERTIFY SUCH MOTORIZED
 WATERCRAFT ARRIVING AT A BOAT LAUNCH WITH  UNBROKEN  TAGS  COULD  LAUNCH
 WITHOUT  AN ADDITIONAL INSPECTION. SUCH TAG MAY ONLY BE REMOVED PRIOR TO
 A LAUNCH.
   6. THE DEPARTMENT  MAY  RECOGNIZE  AN  INSPECTION  OR  DECONTAMINATION
 CERTIFICATE  ISSUED BY ANOTHER GOVERNMENTAL ENTITY, IF THE OTHER GOVERN-
 MENTAL ENTITY ADHERES TO THE MINIMUM STANDARDS FOR INSPECTION AND DECON-
 TAMINATION AS DETERMINED BY THE DEPARTMENT, INCLUDING BUT NOT LIMITED TO
 RECOGNIZED UNIFORM STANDARDS.   THE DEPARTMENT MAY  ALSO  RECOGNIZE  THE
 SELF-ISSUING  CERTIFICATE  ISSUED  PURSUANT  TO  SECTION  9-1710 OF THIS
 TITLE, PROVIDED THE STANDARDS FOR ISSUING SUCH CERTIFICATES  ARE  DEEMED
 SUBSTANTIALLY  EQUIVALENT  TO THOSE CERTIFICATES ISSUED PURSUANT TO THIS
 SECTION.
   7. THE DEPARTMENT IS AUTHORIZED TO  PROMULGATE  ANY  RULES  AND  REGU-
 LATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   8.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO LIMIT ANY CONSTITU-
 TIONAL, STATUTORY OR COMMON LAW PROTECTIONS OF THE OWNER  OR  PERSON  IN
 POSSESSION  OF  THE MOTORIZED WATERCRAFT OR TO GRANT ANY INDIVIDUAL WITH
 POWERS NOT SPECIFICALLY SET FORTH IN THIS CHAPTER OR ANY RULES OR  REGU-
 LATIONS ESTABLISHED PURSUANT TO THIS SECTION.
   §  2.  Section 9-1710 of the environmental conservation law is amended
 by adding two new subdivisions 3 and 4 to read as follows:
   3. THE DEPARTMENT SHALL CREATE AND  MAINTAIN  A  SELF-ISSUING  CERTIF-
 ICATION DESIGNED FOR A PERSON TO DEMONSTRATE THAT REASONABLE PRECAUTIONS
 HAVE BEEN TAKEN PRIOR TO LAUNCHING A WATERCRAFT, AS REQUIRED BY SUBDIVI-
 SION TWO OF THIS SECTION.
   4. THE DEPARTMENT SHALL CONDUCT EDUCATION AND OUTREACH EFFORTS INCLUD-
 ING, BUT NOT LIMITED TO, THE FOLLOWING:
   A. ESTABLISHING AND MAINTAINING A PUBLIC WEBSITE FOR THE DISSEMINATION
 OF  EDUCATIONAL  MATERIALS  TO  PROMOTE CLEANING, DRAINING AND DRYING OF
 WATERCRAFTS, INCLUDING INFORMATION REGARDING  THE  SELF-ISSUING  CERTIF-
 ICATE REQUIRED UNDER THIS SECTION;
   B. DEVELOPING AND DISTRIBUTING EDUCATIONAL MATERIALS; AND
   C.  INCLUDING BOAT WASHING EDUCATION IN APPROVED BOATING SAFETY COURS-
 ES.
   § 3. Section 4 of chapter 330 of the laws of 2014, amending the  envi-
 ronmental  conservation law relating to aquatic invasive species, spread
 prevention, and penalties, as amended by section 1 of item O of  subpart
 B  of  part XXX of chapter 58 of the laws of 2020, is amended to read as
 follows:
   § 4. This act shall take effect one year after it shall have become  a
 law[,  and  shall expire and be deemed repealed June 1, 2021]. Effective
 immediately, the addition, amendment and/or repeal of any rule or  regu-

 S. 7010--A                          3
 
 lation necessary for the timely implementation of this act on its effec-
 tive date is authorized to be made on or before such effective date.
   §  4.  This act shall take effect immediately; provided, however, that
 section one of this act shall take effect on the one  hundred  eightieth
 day after it shall have become a law.

co-Sponsors

View additional co-sponsors

2021-S7010B - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Add §9-1711, amd §9-1710, En Con L; amd §4, Chap 330 of 2014

2021-S7010B - Summary

2021-S7010B - Sponsor Memo

                                
 
BILL NUMBER: S7010B

SPONSOR: KAMINSKY
 
TITLE OF BILL:

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 the effectiveness ther-
eof

 
PURPOSE OR GENERAL IDEA OF BILL:

To make permanent the requirement that boaters take reasonable precau-
tions to clean, drain and dry their watercraft before launching in New
York State Waters, and to grant the Department of Environmental Conser-
vation with the authority to conduct inspections and decontaminations of
watercraft for the prevention of invasive species within the Adirondack
Park or a 10-mile radius of its boundary.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Grants the Department of Environmental Conservation with the
authority to establish aquatic invasive species inspection stations at
any location in the Adirondack Park or within a ten-mile radius of the
Park boundary and to inspect a motorized watercraft for the presence of
organisms or organic material that may harbor aquatic invasive species.
Allows, DEC to issue a certificate in the form of a tamperproof tag.

Section 2. Requires the department to create a self-issuing certif-
ication for parsons to demonstrate that precautions have been taken to
decontaminate a boat prior to launching.

Section 3. Removes the expiration date from section 4 of chapter 330 of
the laws of 2014, requiring boaters to take reasonable precautions to
clean, drain and dry their watercraft or floating dock before launching
into state waters.

Section 4. Effective date.

 
JUSTIFICATION:

This bill enshrines protections from aquatic invasive species safeguards
for the Adirondack Park. The "clean, drain, dry" method is the proven
technique to prevent the spread of aquatic invasive species but is it is
set to expire soon. This legislation therefore makes the program perma-
nent so that boaters will take reasonable precautions to clean, drain
and dry their watercraft before entering New York State waters.

Additionally, the 6 million acre Adirondack Park contains more than
3,000 lakes, 8,000 ponds, and more than 1,500 miles of rivers, fed by an
estimated 30,000 miles of brooks and streams. Clean water is a central
attraction that brings more than 12 million visitors to the region,
benefiting hotels, restaurants, marinas, fishing guides and outfitters,
and retail stores. Aquatic invasive species infestations are difficult
and expensive to control once they have made their way into the water.


This legislation will better protect Adirondack waters by providing a
foundational statutory authority for the already robust aquatic invasive
species spread prevention program in the Adirondacks. The current
program is underutilized by the boating public, and this legislation
clearly grants the department the authority to inspect a boat and order
decontamination if evidence of aquatic invasive species is found or
suspected to be present.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that section
one and two of this act shall take effect on the one hundred eightieth
day after it shall have become a law; and provided further, however,
that section three of this act shall be deemed to have been in full
force and effect on and after June 1, 2021.

2021-S7010B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7010--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 24, 2021
                                ___________
 
 Introduced  by Sens. KAMINSKY, GOUNARDES, MAY, SALAZAR, SERRANO, STEC --
   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  -- 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  the  effectiveness
   thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The environmental conservation law is amended by  adding  a
 new section 9-1711 to read as follows:
 § 9-1711. AQUATIC INVASIVE SPECIES INSPECTIONS IN THE ADIRONDACK PARK.
   1.  THE  DEPARTMENT  MAY ESTABLISH AQUATIC INVASIVE SPECIES INSPECTION
 STATIONS AT ANY LOCATION IN THE ADIRONDACK PARK  BOUNDARY  OR  WITHIN  A
 TEN-MILE  RADIUS  OF THE PARK, INCLUDING, BUT NOT LIMITED TO: INTERSTATE
 BORDERS, HIGHWAYS, OR OTHER ROADS; LOCATIONS ADJACENT TO OR NEAR WATERS;
 AND AT STATE-OWNED FACILITIES TO ENSURE COMPLIANCE WITH THE REQUIREMENTS
 OF SECTION 9-1710 OF THIS TITLE.
   2. THE DEPARTMENT MAY REQUIRE VEHICLES WITH  MOTORIZED  WATERCRAFT  TO
 STOP  AT AQUATIC INVASIVE SPECIES INSPECTION STATIONS WHEN SUCH STATIONS
 ARE MARKED AS  OPEN  AND  OPERATIONAL  TO  ENSURE  COMPLIANCE  WITH  THE
 REQUIREMENTS OF SECTION 9-1710 OF THIS TITLE.
   3. THE DEPARTMENT MAY, UPON STOPPING A MOTORIZED WATERCRAFT FOR AQUAT-
 IC  INVASIVE  SPECIES INSPECTION, INSPECT ANY PART OUTSIDE THE MOTORIZED
 WATERCRAFT KNOWN TO POTENTIALLY CARRY INVASIVE SPECIES.  THE  DEPARTMENT
 MAY  ONLY INSPECT THE COMPARTMENT OR CONTAINER INSIDE A MOTORIZED WATER-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11361-13-1

 S. 7010--B                          2
 
 CRAFT THAT IS REASONABLY BELIEVED TO HARBOR  WATER  FROM  A  WATER  BODY
 CONTAMINATED  WITH  INVASIVE  SPECIES  WITH  THE CONSENT OF THE OWNER OR
 PERSON IN POSSESSION OF THE MOTORIZED WATERCRAFT.   THE  DEPARTMENT  MAY
 THEN DECONTAMINATE THE MOTORIZED WATERCRAFT OR THE DEPARTMENT MAY DIRECT
 THE  MOTORIZED  WATERCRAFT TO BE DECONTAMINATED BY ANOTHER ENTITY DESIG-
 NATED BY THE DEPARTMENT.
   4. THE DEPARTMENT OR ANOTHER ENTITY DESIGNATED BY THE  DEPARTMENT  MAY
 ISSUE  AN  INSPECTION  OR  DECONTAMINATION  CERTIFICATE  TO THE OWNER OR
 PERSON IN POSSESSION OF A MOTORIZED WATERCRAFT THAT HAS BEEN  INSPECTED.
 SUCH  CERTIFICATE  SHALL  INCLUDE THE FOLLOWING DETAILS: (A) THE NAME OF
 THE DEPARTMENT OR DESIGNATED ENTITY AND OF THE PERSON WHO CONDUCTED  THE
 INSPECTION; (B) THE DATE, PLACE, AND TIME OF INSPECTION; (C) ANY PREVEN-
 TATIVE MEASURES PERFORMED OR ORDERED; AND (D) DECONTAMINATION PERFORMED.
   5.  IF  THE  DEPARTMENT  OR  DESIGNATED ENTITY ISSUES AN INSPECTION OR
 DECONTAMINATION CERTIFICATE TO THE OWNER OR PERSON IN POSSESSION OF  THE
 MOTORIZED  WATERCRAFT,  THE DEPARTMENT OR DESIGNATED ENTITY MAY ATTACH A
 TAMPERPROOF TAG TO THE MOTORIZED WATERCRAFT TO  CERTIFY  SUCH  MOTORIZED
 WATERCRAFT  ARRIVING  AT  A  BOAT LAUNCH WITH UNBROKEN TAGS COULD LAUNCH
 WITHOUT AN ADDITIONAL INSPECTION. SUCH TAG MAY ONLY BE REMOVED PRIOR  TO
 A LAUNCH.
   6.  THE  DEPARTMENT  MAY  RECOGNIZE  AN  INSPECTION OR DECONTAMINATION
 CERTIFICATE ISSUED BY ANOTHER GOVERNMENTAL ENTITY, IF THE OTHER  GOVERN-
 MENTAL ENTITY ADHERES TO THE MINIMUM STANDARDS FOR INSPECTION AND DECON-
 TAMINATION AS DETERMINED BY THE DEPARTMENT, INCLUDING BUT NOT LIMITED TO
 RECOGNIZED  UNIFORM  STANDARDS.    THE DEPARTMENT MAY ALSO RECOGNIZE THE
 SELF-ISSUING CERTIFICATE ISSUED  PURSUANT  TO  SECTION  9-1710  OF  THIS
 TITLE,  PROVIDED  THE STANDARDS FOR ISSUING SUCH CERTIFICATES ARE DEEMED
 SUBSTANTIALLY EQUIVALENT TO THOSE CERTIFICATES ISSUED PURSUANT  TO  THIS
 SECTION.
   7.  THE  DEPARTMENT  IS  AUTHORIZED  TO PROMULGATE ANY RULES AND REGU-
 LATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   8. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT  ANY  CONSTITU-
 TIONAL,  STATUTORY  OR  COMMON LAW PROTECTIONS OF THE OWNER OR PERSON IN
 POSSESSION OF THE MOTORIZED WATERCRAFT OR TO GRANT ANY  INDIVIDUAL  WITH
 POWERS  NOT SPECIFICALLY SET FORTH IN THIS CHAPTER OR ANY RULES OR REGU-
 LATIONS ESTABLISHED PURSUANT TO THIS SECTION.
   § 2. Section 9-1710 of the environmental conservation law  is  amended
 by adding two new subdivisions 3 and 4 to read as follows:
   3.  THE  DEPARTMENT  SHALL  CREATE AND MAINTAIN A SELF-ISSUING CERTIF-
 ICATION DESIGNED FOR A PERSON TO DEMONSTRATE THAT REASONABLE PRECAUTIONS
 HAVE BEEN TAKEN PRIOR TO LAUNCHING A WATERCRAFT, AS REQUIRED BY SUBDIVI-
 SION TWO OF THIS SECTION.
   4. THE DEPARTMENT SHALL CONDUCT EDUCATION AND OUTREACH EFFORTS INCLUD-
 ING, BUT NOT LIMITED TO, THE FOLLOWING:
   A. ESTABLISHING AND MAINTAINING A PUBLIC WEBSITE FOR THE DISSEMINATION
 OF EDUCATIONAL MATERIALS TO PROMOTE CLEANING,  DRAINING  AND  DRYING  OF
 WATERCRAFTS,  INCLUDING  INFORMATION  REGARDING THE SELF-ISSUING CERTIF-
 ICATE REQUIRED UNDER THIS SECTION;
   B. DEVELOPING AND DISTRIBUTING EDUCATIONAL MATERIALS; AND
   C. INCLUDING BOAT WASHING EDUCATION IN APPROVED BOATING SAFETY  COURS-
 ES.
   §  3. Section 4 of chapter 330 of the laws of 2014, amending the envi-
 ronmental conservation law relating to aquatic invasive species,  spread
 prevention,  and penalties, as amended by section 1 of item O of subpart
 B of part XXX of chapter 58 of the laws of 2020, is amended to  read  as
 follows:

 S. 7010--B                          3
 
   §  4. This act shall take effect one year after it shall have become a
 law[, and shall expire and be deemed repealed June 1,  2021].  Effective
 immediately,  the addition, amendment and/or repeal of any rule or regu-
 lation necessary for the timely implementation of this act on its effec-
 tive date is authorized to be made on or before such effective date.
   §  4.  This act shall take effect immediately; provided, however, that
 sections one and two of this act shall take effect on  the  one  hundred
 eightieth  day  after  it shall have become a law; and provided further,
 however, that section three of this act shall be deemed to have been  in
 full force and effect on and after June 1, 2021.

co-Sponsors

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2021-S7010C (ACTIVE) - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Add §9-1711, amd §9-1710, En Con L; amd §4, Chap 330 of 2014

2021-S7010C (ACTIVE) - Summary

2021-S7010C (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7010C

SPONSOR: KAMINSKY
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To make permanent the requirement that boaters take reasonable precau-
tions to clean, drain and dry their watercraft before launching in New
York State Waters, and to grant the Department of Environmental Conser-
vation with the authority to conduct inspections and decontaminations of
watercraft for the prevention of invasive species within the Adirondack
Park or a 10-mile radius of its boundary

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Grants the Department of Environmental Conservation with the
authority to establish aquatic invasive species inspection stations at
any location in the Adirondack Park or within a ten-mile radius of the
Park boundary and to inspect the exterior and interior of motorized
watercraft for the presence of organisms or organic material that may
harbor aquatic invasive species. Allows, DEC to issue a certificate in
the form of a tamperproof tag.

Section 2. Requires the department to create a self-issuing certif-
ication for parsons to demonstrate that precautions have been taken to
decontaminate a boat prior to launching.

Section 3. Removes the expiration date from section 4 of chapter 330 of
the laws of 2014, requiring boaters to take reasonable precautions to
clean, drain and dry their watercraft or floating dock before launching
into state waters.

Section 4. Effective date.

 
JUSTIFICATION:

This bill enshrines protections from aquatic invasive species safegaurds
for the Adirondack Park. The "clean, drain, dry" method is the proven
technique to prevent the spread of aquatic invasive species but is it is
set to expire soon. This legislation therefore makes the program perma-
nent so that boaters will take reasonable precautions to clean, drain
and dry their watercraft before entering New York State waters.

Additionally, the 6 million acre Adirondack Park contains more than
3,000 lakes, 8,000 ponds, and more than 1,500 miles of rivers, fed by an
estimated 30,000 miles of brooks and streams. Clean water is a central
attraction that brings more than 12 million visitors to the region,
benefiting hotels, restaurants, marinas, fishing guides and outfitters,
and retail stores. Aquatic invasive species infestations are difficult
and expensive to control once they have made their way into the water.

This legislation will better protect Adirondack waters by providing a
foundational statutory authority for the already robust aquatic invasive
species spread prevention program in the Adirondacks. The current
program is underutilized by the boating public, and this legislation
clearly grants the department the authority to inspect a boat and order
decontamination if evidence of aquatic invasive species is found or
suspected to be present.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that section
one of this act shall take effect on the one hundred eightieth day after
it shall have become a law.

2021-S7010C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7010--C
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               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:
 
   Section 1. The environmental conservation law is amended by  adding  a
 new section 9-1711 to read as follows:
 § 9-1711. AQUATIC INVASIVE SPECIES INSPECTION STATIONS IN THE ADIRONDACK
             PARK.
   1.  THE  DEPARTMENT  MAY ESTABLISH AQUATIC INVASIVE SPECIES INSPECTION
 STATIONS AT ANY LOCATION IN THE ADIRONDACK PARK AND  WITHIN  A  TEN-MILE
 RADIUS  OF  THE ADIRONDACK PARK BOUNDARY, INCLUDING, BUT NOT LIMITED TO:
 INTERSTATE BORDERS, HIGHWAYS, OR OTHER ROADS; LOCATIONS ADJACENT  TO  OR
 NEAR WATERS; AND AT STATE-OWNED FACILITIES TO ENSURE COMPLIANCE WITH THE
 REQUIREMENTS  OF  SECTION  9-1710 OF THIS TITLE.   PROJECTS TO ESTABLISH
 SUCH AQUATIC INVASIVE SPECIES INSPECTION STATIONS SHALL BE ELIGIBLE  FOR
 FUNDING  FROM  APPROPRIATIONS  MADE  FOR ACCESS AND STEWARDSHIP PROJECTS
 WITHIN THE PARKS, RECREATION AND HISTORIC  PRESERVATION  ACCOUNT  ESTAB-
 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.
                                                            LBD11361-18-1

 S. 7010--C                          2
 
   2.  BEFORE  ENTERING  A  WATERBODY,  OWNERS AND OPERATORS OF MOTORIZED
 WATERCRAFT WHO ARE NOT IN POSSESSION OF A SELF-ISSUING CERTIFICATION  OR
 AN  INSPECTION OR DECONTAMINATION CERTIFICATE SINCE THEIR LAST OPERATION
 OF SUCH WATERCRAFT IN A WATERBODY SHALL  STOP  AT  AN  AQUATIC  INVASIVE
 SPECIES  INSPECTION  STATION  WHERE  SUCH STATION IS LOCATED ADJACENT TO
 SUCH WATERBODY AND OPEN AT THE TIME OF ENTERING THE WATERBODY  IN  ORDER
 TO  INSPECT  THEIR WATERCRAFT TO   ENSURE COMPLIANCE  WITH  THE REQUIRE-
 MENTS OF SECTION 9-1710 OF THIS TITLE.  THE DEPARTMENT SHALL MAINTAIN ON
 THEIR WEBSITE A LIST OF SUCH STATIONS AND THEIR OPERATING HOURS IN ORDER
 TO ASSIST MOTORIZED WATERCRAFT OWNERS AND OPERATORS IN LOCATING STATIONS
 WHERE THEY CAN INSPECT AND CLEAN THEIR WATERCRAFT.
   3. THE DEPARTMENT OR OTHER ENTITY DESIGNATED  BY  THE  DEPARTMENT  MAY
 ISSUE  AN  INSPECTION  OR  DECONTAMINATION  CERTIFICATE  TO THE OWNER OR
 PERSON IN POSSESSION OF A MOTORIZED WATERCRAFT THAT HAS BEEN  INSPECTED.
 SUCH  CERTIFICATE  SHALL  INCLUDE THE FOLLOWING DETAILS: (A) THE NAME OF
 THE DEPARTMENT AND OF THE PERSON WHO CONDUCTED THE INSPECTION;  (B)  THE
 DATE,  PLACE,  AND  TIME  OF  INSPECTION;  (C) ANY PREVENTATIVE MEASURES
 PERFORMED OR ORDERED; AND (D) DECONTAMINATION PERFORMED.
   4. IF THE DEPARTMENT OR DESIGNATED  ENTITY  ISSUES  AN  INSPECTION  OR
 DECONTAMINATION  CERTIFICATE TO THE OWNER OR PERSON IN POSSESSION OF THE
 MOTORIZED WATERCRAFT, THE DEPARTMENT OR DESIGNATED ENTITY MAY  ATTACH  A
 TAMPERPROOF  TAG  TO  THE MOTORIZED WATERCRAFT TO CERTIFY SUCH MOTORIZED
 WATERCRAFT ARRIVING AT A BOAT LAUNCH WITH  UNBROKEN  TAGS  COULD  LAUNCH
 WITHOUT  AN ADDITIONAL INSPECTION. SUCH TAG MAY ONLY BE REMOVED PRIOR TO
 A LAUNCH.
   5. THE DEPARTMENT  MAY  RECOGNIZE  AN  INSPECTION  OR  DECONTAMINATION
 CERTIFICATE  ISSUED BY ANOTHER GOVERNMENTAL ENTITY, IF THE OTHER GOVERN-
 MENTAL ENTITY ADHERES TO THE MINIMUM STANDARDS FOR INSPECTION AND DECON-
 TAMINATION AS DETERMINED BY THE DEPARTMENT, INCLUDING BUT NOT LIMITED TO
 RECOGNIZED UNIFORM STANDARDS.
   6. THE DEPARTMENT WILL REVIEW ALL DATA COLLECTED AT  AQUATIC  INVASIVE
 SPECIES  INSPECTION  STATIONS,  INCLUDING ANY DATA FROM DESIGNATED ENTI-
 TIES, TO IDENTIFY ANY CHANGES TO THE CURRENT PRACTICES TO BETTER PROTECT
 ADIRONDACK LAKES AND WATERS.
   § 2. Section 9-1710 of the environmental conservation law  is  amended
 by adding two new subdivisions 3 and 4 to read as follows:
   3. THE DEPARTMENT MAY CREATE AND MAINTAIN A SELF-ISSUING CERTIFICATION
 DESIGNED  FOR  A  PERSON TO DEMONSTRATE THAT REASONABLE PRECAUTIONS HAVE
 BEEN TAKEN PRIOR TO LAUNCHING A WATERCRAFT.
   4. THE DEPARTMENT SHALL CONDUCT EDUCATION AND OUTREACH EFFORTS INCLUD-
 ING, BUT NOT LIMITED TO THE FOLLOWING:
   (A) ESTABLISH AND MAINTAIN A PUBLIC WEBSITE FOR THE  DISSEMINATION  OF
 EDUCATIONAL MATERIALS TO PROMOTE CLEANING, DRAINING AND DRYING OF WATER-
 CRAFTS;
   (B)  DEVELOP  AND  DISTRIBUTE EDUCATIONAL MATERIALS INCLUDING, BUT NOT
 LIMITED TO, THE MOST EFFECTIVE METHODS TO PREVENT THE SPREAD OF  AQUATIC
 INVASIVE  SPECIES,  AND  THE POTENTIAL FOR LIVE WELLS AND OTHER INTERIOR
 WATER COMPARTMENTS TO CARRY AQUATIC INVASIVE SPECIES SUCH AS  THE  SPINY
 WATER FLEA; AND
   (C) INCLUDE BOAT WASHING EDUCATION IN APPROVED BOATING SAFETY COURSES.
   §  3. Section 4 of chapter 330 of the laws of 2014, amending the envi-
 ronmental conservation law relating to aquatic invasive species,  spread
 prevention,  and penalties, as amended by section 1 of item O of subpart
 B of part XXX of chapter 58 of the laws of 2020, is amended to  read  as
 follows:

 S. 7010--C                          3
 
   §  4. This act shall take effect one year after it shall have become a
 law[, and shall expire and be deemed repealed June 1,  2021].  Effective
 immediately, the addition, amendment, and/or repeal of any rule or regu-
 lation necessary for the timely implementation of this act on its effec-
 tive date is authorized to be made on or before such effective date.
   §  4.  Notwithstanding  the  provisions  of  article  5 of the general
 construction law, the provisions of section 9-1710 of the  environmental
 conservation  law,  as  amended  by  section two of this act, are hereby
 revived and shall continue in full force and effect as  such  provisions
 existed on May 31, 2021.
   §  5.  This act shall take effect immediately; provided, however, that
 sections one and two of this act shall take effect on  the  one  hundred
 eightieth  day  after  it shall have become a law; and provided further,
 however, that section three of this act shall be deemed to have been  in
 full force and effect on and after June 1, 2021.

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Senate Bill S7010A

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Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

2021-S7010 - Details

2021-S7010 - Summary

2021-S7010 - Sponsor Memo

2021-S7010 - Bill Text download pdf

co-Sponsors

2021-S7010A - Details

2021-S7010A - Summary

2021-S7010A - Sponsor Memo

2021-S7010A - Bill Text download pdf

co-Sponsors

2021-S7010B - Details

2021-S7010B - Summary

2021-S7010B - Sponsor Memo

2021-S7010B - Bill Text download pdf

co-Sponsors

2021-S7010C (ACTIVE) - Details

2021-S7010C (ACTIVE) - Summary

2021-S7010C (ACTIVE) - Sponsor Memo

2021-S7010C (ACTIVE) - Bill Text download pdf

Comments