Senate Bill S8703

2023-2024 Legislative Session

Relates to financial liability for major facilities, vessels, and railroads

download bill text pdf

Sponsored By

Current Bill Status Via A9213 - Passed Senate


  • 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

Bill Amendments

co-Sponsors

2023-S8703 - Details

Law Section:
Navigation Law
Laws Affected:
Amd §181, add §181-f, Nav L

2023-S8703 - Summary

Requires the owner or operator of a vessel to establish and maintain with the department evidence of financial responsibility sufficient to meet the amount of liability.

2023-S8703 - Sponsor Memo

2023-S8703 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8703
 
                             I N  S E N A T E
 
                               March 1, 2024
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the navigation law, in relation to  financial  responsi-
   bility for the liability of a major facility or vessel
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (e) of subdivision 3 of section 181 of the  navi-
 gation  law,  as amended by chapter 584 of the laws of 1992 and subpara-
 graphs (ii) and (iii) as amended by chapter 585 of the laws of 1992  and
 as further amended by section 104 of part A of chapter 62 of the laws of
 2011, is amended and a new paragraph (f) is added to read as follows:
   (e)  (i)  The  owner or operator of a MAJOR FACILITY OR A vessel shall
 establish and maintain with the department evidence of financial respon-
 sibility sufficient to meet the amount of liability established pursuant
 to paragraph (a) of this subdivision. A PERSON MAY NOT CAUSE  OR  PERMIT
 THE  OPERATION  OF  A  MAJOR  FACILITY  OR VESSEL IN THE STATE UNTIL THE
 PERSON HAS FURNISHED TO THE DEPARTMENT, AND THE DEPARTMENT HAS  APPROVED
 SUCH  EVIDENCE.  The  owner or operator of any vessel which demonstrates
 financial responsibility pursuant to the requirements of the Federal Oil
 Pollution Act of 1990 (33 U.S.C. 2701 et seq.), shall be deemed to  have
 demonstrated financial responsibility in accordance with this paragraph.
   (ii)  [The  commissioner  in  consultation  with the superintendent of
 financial services may promulgate regulations  requiring  the  owner  or
 operator  of a major facility other than a vessel to establish and main-
 tain evidence of financial responsibility in an  amount  not  to  exceed
 twenty-five  dollars,  per  incident, for each barrel of total petroleum
 storage capacity at the facility, subject to a maximum  of  one  million
 dollars  per  incident  per  facility  in an aggregate not to exceed two
 million dollars per facility per year; provided, however,  that  if  the
 owner  or  operator  establishes to the satisfaction of the commissioner
 that a lesser amount will be sufficient to protect the  environment  and
 public  health,  safety  and  welfare,  the  commissioner  shall  accept
 evidence of financial responsibility in such lesser amount. In determin-
 ing the sufficiency of the amount of financial  responsibility  required

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

co-Sponsors

2023-S8703A (ACTIVE) - Details

Law Section:
Navigation Law
Laws Affected:
Amd §181, add §181-f, Nav L

2023-S8703A (ACTIVE) - Summary

Requires the owner or operator of a vessel to establish and maintain with the department evidence of financial responsibility sufficient to meet the amount of liability.

2023-S8703A (ACTIVE) - Sponsor Memo

2023-S8703A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8703--A
     Cal. No. 1215
 
                             I N  S E N A T E
 
                               March 1, 2024
                                ___________
 
 Introduced  by  Sens. HINCHEY, KRUEGER, MAY, SEPULVEDA -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Environmental  Conservation  --  committee  discharged  and  said bill
   committed to the Committee on Rules -- ordered  to  a  third  reading,
   amended  and  ordered  reprinted,  retaining its place in the order of
   third reading

 AN ACT to amend the navigation law, in relation to  financial  responsi-
   bility for the liability of a major facility or vessel
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (e) of subdivision 3 of section 181 of the  navi-
 gation  law,  as amended by chapter 584 of the laws of 1992 and subpara-
 graphs (ii) and (iii) as amended by chapter 585 of the laws of 1992  and
 as further amended by section 104 of part A of chapter 62 of the laws of
 2011, is amended and a new paragraph (f) is added to read as follows:
   (e) (i) The owner or operator of a vessel shall establish and maintain
 with  the  department evidence of financial responsibility sufficient to
 meet the amount of liability established pursuant to  paragraph  (a)  of
 this  subdivision.  A  PERSON MAY NOT CAUSE OR PERMIT THE OPERATION OF A
 VESSEL IN THE STATE UNTIL THE PERSON HAS FURNISHED  TO  THE  DEPARTMENT,
 AND  THE DEPARTMENT HAS APPROVED SUCH EVIDENCE. The owner or operator of
 any vessel which demonstrates financial responsibility pursuant  to  the
 requirements of the Federal Oil Pollution Act of 1990 (33 U.S.C. 2701 et
 seq.),  shall be deemed to have demonstrated financial responsibility in
 accordance with this paragraph.
   (ii) The commissioner  in  consultation  with  the  superintendent  of
 financial  services  may  promulgate  regulations requiring the owner or
 operator of a major facility other than a vessel to establish and  main-
 tain  evidence  of  financial  responsibility in an amount not to exceed
 twenty-five dollars PLUS AN ANNUAL INFLATION ADJUSTMENT,  DETERMINED  BY
 THE  COMMISSIONER  FROM  THE INCREASE IN THE CONSUMER PRICE INDEX IN THE
 ONE-YEAR PERIOD ENDING ON THE MARCH THIRTY-FIRST PRIOR TO SUCH INFLATION
 ADJUSTMENT EFFECTIVE ON THE ENSUING SEPTEMBER FIRST, per  incident,  for
 each barrel of total petroleum storage capacity at the facility, subject
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.