NY State Senate Bill 2023-S6730

Senate Bill S6730

2023-2024 Legislative Session

Relates to the regulation of exhaust gas cleaning systems on vessels; and relates to the powers of the department of environmental conservation

download bill text pdf

Current Bill Status - In Senate Committee Environmental Conservation Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to environmental conservation
May 05, 2023	referred to environmental conservation

2023-S6730 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Navigation Law
Laws Affected:: Add §33-f, Nav L; amd §3-0301, En Con L

2023-S6730 (ACTIVE) - Summary

Relates to the regulation of exhaust gas cleaning systems on vessels and provides enforcement mechanisms and remedies for violations; relates to the powers of the department of environmental conservation.

2023-S6730 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6730

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the navigation law, in relation to the regulation of
exhaust gas cleaning systems on vessels; and to amend the environmental
conservation law, in relation to the powers of the department of envi-
ronmental conservation

 
PURPOSE:

To prohibit the sale of and discharge by exhaust gas cleaning systems in
the state of New York; establish civil and criminal liability for
violations of these provisions; and empower the department of environ-
mental conservation to enforce and promulgate rules to effectuate these
provisions

 
SUMMARY OF PROVISIONS:

Section one adds to the navigation law section 33-f to prohibit the use
or sale of exhaust gas cleaning systems, empower the department of envi-

ronmental conservation to promulgate rules and conduct inspections to
effectuate and enforce the provisions of this section, and to establish
civil and criminal liability for violations of this section.

Section two adds to subdivision 1 of section 3-0301 of the environmental
conservation law a new paragraph ii establishing the department's
authority to monitor and establish rules and standards relating to moni-
tor vessel exhaust gas cleaning systems.

Section three is the effective date. This act shall take effect ninety
days after enactment

 
JUSTIFICATION:

In 2020, the International Maritime Organization (IMO) instituted a
global ban on the use of high-sulfur fuel oil (HSFO) by cargo ships in
an effort to curb air pollution near ports and in coastal communities.
While this effort was laudable, the rule included a loophole, allowing
ships to continue burning cheaper HSFO instead of more expensive, clean-
er fuels if they installed "scrubbers," exhaust gas cleaning systems
that remove sulfur from exhaust by spraying seawater over it and
discharging the resulting washwater overboard.  This discharge is more
acidic than surrounding waters and contains copper, polycylic aromatic
hydrocarbons, and other substances toxic or harmful to marine life.

Though only 250 ships had scrubbers in 2015, an analysis by the Interna-
tional Council on Clean Transportation found that by 2019 3,600 ships
had scrubbers installed, emitting an estimated 10 gigatons of toxic
wastewater into the ocean each year --- a number that has surely risen
as an additional at least 700 ships have installed scrubbers since then.
Most of this discharge occurs within 200 miles of land.

The United States ranks first of all countries in absolute volume of
washwater discharges. Sixteen countries and some localities, including
California, Connecticut, and Hawaii, have already banned the use of
scrubbers within their territorial waters, cutting washwater emissions
by 4%. This bill would have New York follow suit by banning the sale and
use of scrubbers in state waters and empowering the Department of Envi-
ronmental Conservation to enforce that ban.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law.

2023-S6730 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6730
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                May 5, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Environmental Conser-
   vation
 
 AN ACT to amend the navigation law, in relation  to  the  regulation  of
   exhaust  gas  cleaning  systems  on vessels; and to amend the environ-
   mental conservation law, in relation to the powers of  the  department
   of environmental conservation
 
   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  33-f
 to read as follows:
   §  33-F.  REGULATING  EXHAUST GAS CLEANING SYSTEMS. 1. AS USED IN THIS
 SECTION:
   (A) "EXHAUST GAS CLEANING  SYSTEMS"  MEANS  A  MECHANISM  INTENDED  TO
 REMOVE  PARTICULATE  MATTER FROM EXHAUST GASSES GENERATED AS A RESULT OF
 THE COMBUSTION PROCESS IN MARINE ENGINES, WHOSE OUTPUT IS THE  DISCHARGE
 OF WASH WATER AS WATER, SPRAY, EXHAUST OR OTHER FORM OF DISCHARGE; AND
   (B) "DEPARTMENT" MEANS THE STATE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
 TION.
   2.  (A)  NO EXHAUST GAS CLEANING SYSTEM ON ANY VESSEL USED OR OPERATED
 UPON NAVIGABLE WATERS OF THIS STATE SHALL BE OPERATED SO AS TO DISCHARGE
 INTO SAID WATERS OR AIR DIRECTLY OR INDIRECTLY EXCEPT  AS  REQUIRED  FOR
 SAFETY REASONS.
   (B)  EXHAUST  GAS  CLEANING SYSTEM OVERBOARD DISCHARGE VALVES SHALL BE
 SEALED WHILE THE VESSEL IS IN NAVIGABLE WATERS OF THE STATE.
   3. NO EXHAUST GAS CLEANING SYSTEM SHALL BE USED, SOLD,  OR  PHYSICALLY
 OFFERED FOR SALE IN THIS STATE.
   4.  THE DEPARTMENT SHALL REQUIRE PERSONS MAKING APPLICATION FOR A BOAT
 REGISTRATION CERTIFICATE FOR A VESSEL PURSUANT TO THE VEHICLE AND  TRAF-
 FIC  LAW  TO DISCLOSE WHETHER SUCH VESSEL HAS WITHIN OR ON IT AN EXHAUST
 GAS CLEANING SYSTEM AND IF SO, TO CERTIFY THAT SUCH DEVICE SHALL NOT  BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11018-02-3

 S. 6730                             2
 
 USED  IN  THE  WATERS  OF  THIS  STATE  AS REQUIRED BY THIS SECTION. THE
 DEPARTMENT IS FURTHER EMPOWERED TO DIRECT THAT THE ISSUANCE  OF  A  BOAT
 REGISTRATION CERTIFICATE OR A RENEWAL THEREOF BE WITHHELD IF SUCH DEVICE
 IS USED IN VIOLATION OF THIS SECTION.
   5.  ALL  VESSELS LOCATED UPON WATERS OF THIS STATE SHALL BE SUBJECT TO
 BOARDING AND INSPECTION BY THE DEPARTMENT  OR  ANY  LAWFULLY  DESIGNATED
 AGENTS  OR  INSPECTORS  THEREOF,  FOR THE PURPOSE OF DETERMINING WHETHER
 SUCH VESSEL IS IN COMPLIANCE WITH THIS SECTION.
   6. THE DEPARTMENT IS HEREBY AUTHORIZED AND EMPOWERED TO  MAKE,  ADOPT,
 PROMULGATE, AMEND AND REPEAL SUCH STANDARDS AND RULES AND REGULATIONS AS
 ARE  NECESSARY,  OR  CONVENIENT FOR THE CARRYING OUT OF DUTIES AND OBLI-
 GATIONS AND POWERS CONFERRED ON THE DEPARTMENT BY THIS SECTION.
   7. A COPY OF THE REGULATIONS ADOPTED PURSUANT TO THIS SECTION AND  ANY
 OF  THE  AMENDMENTS THERETO, SHALL BE FILED IN THE OFFICE OF THE DEPART-
 MENT, THE WATER RESOURCES COMMISSION, AND IN THE OFFICE OF THE SECRETARY
 OF STATE. RULES, REGULATIONS AND STANDARDS SHALL  BE  PUBLISHED  BY  THE
 DEPARTMENT IN CONVENIENT FORM.
   8. ANY PERSON WHO VIOLATES THIS SECTION, SHALL BE GUILTY OF AN OFFENSE
 AND  UPON  CONVICTION SHALL BE PUNISHED WITH A FINE OF UP TO TWENTY-FIVE
 THOUSAND DOLLARS PER VIOLATION; PROVIDED, HOWEVER, THAT IN THE EVENT ANY
 PERSON VIOLATES THIS SECTION MORE THAN TWICE DURING  THE  SAME  CALENDAR
 YEAR  AND  IS  CONVICTED OF MORE THAN TWO SUCH VIOLATIONS, THE THIRD AND
 EACH SUBSEQUENT VIOLATION SHALL BE DEEMED A MISDEMEANOR.
   9. ANY PERSON WHO VIOLATES THIS  SECTION  SHALL  BE  STRICTLY  LIABLE,
 WITHOUT  REGARD  TO  FAULT,  FOR  ALL  CLEANUP AND REMOVAL COSTS AND ALL
 DIRECT AND INDIRECT DAMAGES, NO MATTER BY WHOM SUSTAINED FOR THE FOLLOW-
 ING:
   (A) THE COST OF RESTORATION AND REPLACEMENT, WHERE  POSSIBLE,  OF  ANY
 NATURAL RESOURCE DAMAGED OR DESTROYED BY A DISCHARGE;
   (B)  THE  COST  OF  RESTORING,  REPAIRING,  OR  REPLACING  ANY REAL OR
 PERSONAL PROPERTY DAMAGED OR DESTROYED BY A DISCHARGE, ANY  INCOME  LOST
 FROM  THE  TIME  SUCH  PROPERTY  IS DAMAGED TO THE TIME SUCH PROPERTY IS
 RESTORED, REPAIRED OR REPLACED, ANY REDUCTION IN VALUE OF SUCH  PROPERTY
 CAUSED BY SUCH DISCHARGE BY COMPARISON WITH ITS VALUE PRIOR THERETO;
   (C)  LOSS OF INCOME OR IMPAIRMENT OF EARNING CAPACITY DUE TO DAMAGE TO
 REAL OR PERSONAL PROPERTY,  INCLUDING  NATURAL  RESOURCES  DESTROYED  OR
 DAMAGED  BY  A  DISCHARGE; PROVIDED THAT SUCH LOSS OR IMPAIRMENT EXCEEDS
 TEN PERCENT OF THE AMOUNT WHICH CLAIMANT DERIVES, BASED UPON  INCOME  OR
 BUSINESS  RECORDS, EXCLUSIVE OF OTHER SOURCES OF INCOME, FROM ACTIVITIES
 RELATED TO THE PARTICULAR REAL OR PERSONAL PROPERTY OR NATURAL RESOURCES
 DAMAGED OR DESTROYED BY SUCH DISCHARGE DURING THE WEEK,  MONTH  OR  YEAR
 FOR WHICH THE CLAIM IS FILED;
   (D) LOSS OF TAX REVENUE BY THE STATE OR LOCAL GOVERNMENTS FOR A PERIOD
 OF  ONE  YEAR  DUE  TO  DAMAGE  TO REAL OR PERSONAL PROPERTY PROXIMATELY
 RESULTING FROM A DISCHARGE; AND
   (E) INTEREST ON LOANS OBTAINED OR  OTHER  OBLIGATIONS  INCURRED  BY  A
 CLAIMANT  FOR  THE  PURPOSE  OF  AMELIORATING  THE  ADVERSE EFFECTS OF A
 DISCHARGE PENDING THE PAYMENT OF A CLAIM IN FULL  AS  PROVIDED  BY  THIS
 ARTICLE.
   10.  IF ANY COURT OF COMPETENT JURISDICTION SHALL FIND ANY SUBDIVISION
 OR SUBDIVISIONS OF THIS SECTION  TO  BE  UNCONSTITUTIONAL  OR  OTHERWISE
 INVALID,  SUCH  FINDINGS  SHALL  NOT AFFECT THE VALIDITY OF THIS SECTION
 WHICH CAN BE GIVEN EFFECT.
   § 2. Subdivision 1 of section 3-0301 of the environmental conservation
 law is amended by adding a new paragraph ii to read as follows:
 S. 6730                             3
 
   II.   MONITOR VESSEL EXHAUST  GAS  CLEANING  SYSTEMS  AS  PROVIDED  IN
 SECTION  THIRTY-THREE-F  OF  THE  NAVIGATION LAW AND ESTABLISHING RULES,
 REGULATIONS AND STANDARDS RELATING THERETO.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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