S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5705
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 22, 2023
                                ___________
 
 Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
   tee on Environmental Conservation
 
 AN  ACT  to  amend the environmental conservation law and the navigation
   law, in relation to prohibiting the  discharge  of  bilge  water  into
   waters of the state

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 17-0105 of the environmental  conservation  law  is
 amended by adding a new subdivision 24 to read as follows:
   24.  "OILY  BILGE  WATER" OR "BILGE WATER" MEANS THE MIXTURE OF WATER,
 OILY FLUIDS, LUBRICANTS AND GREASE, CLEANING  FLUIDS  AND  OTHER  WASTES
 THAT  ACCUMULATE IN THE LOWEST PART OF A VESSEL FROM A VARIETY OF SOURC-
 ES, INCLUDING ENGINES AND OTHER PARTS OF THE PROPULSION SYSTEM,  PIPING,
 AND  OTHER  MECHANICAL  AND  OPERATIONAL  SOURCES  FOUND  THROUGHOUT THE
 MACHINERY SPACES OF A VESSEL.
   § 2. The environmental conservation law is amended  by  adding  a  new
 section 17-0508 to read as follows:
 § 17-0508. PROHIBITION AGAINST DISCHARGE OF BILGE WATER.
   1.  IT  SHALL  BE  UNLAWFUL FOR ANY PERSON, DIRECTLY OR INDIRECTLY, TO
 PLACE, THROW, DEPOSIT, OR OTHERWISE DISCHARGE INTO THE  WATERS  OF  THIS
 STATE  ANY  BILGE WATER AS DEFINED IN SUBDIVISION TWENTY-FOUR OF SECTION
 17-0105 OF TITLE ONE OF THIS ARTICLE FROM ANY VESSEL, WATERCRAFT, MARINA
 OR MOORING.
   2. FOR THE PURPOSES OF THIS SECTION "WATERS OF THE STATE" MEANS ALL OF
 THE WATERWAYS, OR BODIES OF WATER LOCATED WITHIN NEW YORK STATE OR  THAT
 PART OF ANY BODY OF WATER WHICH IS ADJACENT TO NEW YORK STATE OVER WHICH
 THE  STATE HAS TERRITORIAL JURISDICTIONS ON WHICH WATERCRAFT MAY BE USED
 OR OPERATED.
   3. SEVERABILITY. THE PROVISIONS OF THIS SECTION SHALL BE SEVERABLE AND
 IF ANY PORTION THEREOF OR THE APPLICABILITY THEREOF  TO  ANY  PERSON  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06296-01-3
 A. 5705                             2
              

 
 CIRCUMSTANCE  IS  HELD  INVALID,  THE  REMAINDER OF THIS SECTION AND THE
 APPLICATION THEREOF SHALL NOT BE AFFECTED THEREBY.
   § 3. Subdivision 1 of section 33-c of the navigation law is amended by
 adding a new paragraph (k) to read as follows:
   (K)  THE TERM "OILY BILGE WATER" OR "BILGE WATER" MEANS THE MIXTURE OF
 WATER, OILY FLUIDS, LUBRICANTS AND GREASE,  CLEANING  FLUIDS  AND  OTHER
 WASTES  THAT ACCUMULATE IN THE LOWEST PART OF A VESSEL FROM A VARIETY OF
 SOURCES, INCLUDING ENGINES AND OTHER PARTS  OF  THE  PROPULSION  SYSTEM,
 PIPING,  AND  OTHER  MECHANICAL AND OPERATIONAL SOURCES FOUND THROUGHOUT
 THE MACHINERY SPACES OF A VESSEL.
   § 4. Subdivision 2 of section 33-c of the navigation law is amended by
 adding a new paragraph (c) to read as follows:
   (C) NO PERSON, WHETHER ENGAGED IN COMMERCE OR OTHERWISE, SHALL  PLACE,
 THROW,  DEPOSIT, OR DISCHARGE, OR CAUSE TO BE PLACED, THROWN, DEPOSITED,
 OR DISCHARGED ANY BILGE WATER INTO THE WATERS OF THIS  STATE,  FROM  ANY
 VESSEL, WATERCRAFT, MARINA OR MOORING.
   § 5. This act shall take effect immediately.