NY State Senate Bill 2023-S8877

Current Bill Status - In Assembly 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 05, 2024	referred to ways and means delivered to assembly passed senate
May 16, 2024	advanced to third reading
May 15, 2024	2nd report cal.
May 14, 2024	1st report cal.1124
Apr 16, 2024	reported and committed to finance
Mar 22, 2024	referred to environmental conservation

Votes

- Jun 5, 2024 - Floor Vote
  S8877
  
  59
  
  Aye
  
  0
  
  Nay
  
  1
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 5, 2024
      
      aye (59)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      absent (1)
      
      Sanders Jr.
      
      excused (2)
      
      Parker
      
      Walczyk
  May 14, 2024 - Finance Committee Vote
  S8877
  
  20
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: May 14, 2024
      
      aye (20)
      
      Bailey
      
      Borrello
      
      Breslin
      
      Comrie
      
      Cooney
      
      Gallivan
      
      Gounardes
      
      Griffo
      
      Hinchey
      
      Hoylman-Sigal
      
      Krueger
      
      Liu
      
      Martins
      
      O'Mara
      
      Oberacker
      
      Rivera
      
      Salazar
      
      Skoufis
      
      Stavisky
      
      Thomas
      
      absent (1)
      
      Parker
  Apr 16, 2024 - Environmental Conservation Committee Vote
  S8877
  
  11
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: Apr 16, 2024
      
      aye (11)
      
      Canzoneri-Fitzpatrick
      
      Harckham
      
      Hinchey
      
      Kavanagh
      
      Mannion
      
      Martinez
      
      May
      
      Palumbo
      
      Serrano
      
      Skoufis
      
      Stec

2023-S8877 (ACTIVE) - Details

See Assembly Version of this Bill:: A4001
Current Committee:: Assembly Ways And Means
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 13 Title 9 §§13-0901 - 13-0905, amd §§13-0503 & 11-0323, En Con L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7693, A4755
2021-2022: S1965, A6294

2023-S8877 (ACTIVE) - Summary

Relates to the prevention and mitigation of marine and coastal debris; defines terms; requires the department of environmental conservation to prepare and annually update a marine and coastal debris action plan.

2023-S8877 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8877

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to the
prevention and mitigation of marine and coastal debris

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill establishes a policy of prevention and mitigation of marine
and coastal debris, and in furtherance of this policy directs the
Department of Environmental Conservation (DEC) to prepare a marine and
coastal debris action plan and take other actions to reduce despoliation
of our marine and coastal waters and shores.

 
SUMMARY OF PROVISIONS:

Bill § 1 adds a new Title 9 to Article 13 of the Environmental Conserva-
tion Law (ECL) including:

ECL § 13-1903 adds definitions of three terms:

*"Marine and coastal debris" consists of persistent solid materials
disposed of or abandoned into the waters of the marine and coastal
district, including ghost gear and other ocean-based debris and litter,
storm water discharges and other land-based debris.

*"Ghost gear" means abandoned or lost fishing gear, including lost or
abandoned fishing nets, fishing lines, crab pots, shrimp pots, lobster
pots or traps, eel pots, and other commercial and recreational fishing
equipment, but does not include lost or abandoned vessels.

*"Eligible recipients" includes non-profit entities that promote fish-
ing, recreation, conservation and educational activities related to
marine and coastal resources.

ECL § 13-0905 sets forth the responsibilities of DEC, which include:

(1) preparing and annually updating a marine and coastal debris action
plan,

(2) making its facilities available to support efforts to identify,
prevent, mitigate and remove marine debris, and providing financial
support to the extent that funds are available,

(3) facilitating the reporting of the location of ghost gear, and

(4) to the extent funding is available, provide grants to eligible
recipients to operate pilot projects

Bill § 2 amends ECL § 13-0503 to explicitly authorize the Marine
Resources Advisory Council to assist DEC in the implementation of new

Title 9.

Bill § 3 and § 4 require the State's fish and wildlife syllabus to
contain information to facilitate ghost gear reporting.

 
JUSTIFICATION:

Marine and coastal debris and other forms of pollution are becoming
ever-increasing problems in ocean waters and coastal communities that
result in both environmental and economic damage and threaten navigation
safety and human health. Ocean-related economic activity benefits New
York's economy by more than $24 billion, and the continued vitality of
the marine and coastal district is paramount to the millions of New
Yorkers who make their homes in its seacoast communities. A number of
other states have enacted laws to prevent despoliation of their
seacoasts, but, despite their importance to our state, New York current-
ly has no clear statutory policy targeted toward protecting its marine
and coastal waters.

The establishment of a policy on marine and coastal pollution will
enable the State to join other concerned stakeholders in a heightened
and concerted effort to address the problems created by marine and coas-
tal debris. Such an effort is clearly needed - for example, while New
York's Great Lakes are covered under a Great Lakes Marine Debris Action
Plan, there is no plan targeted toward its marine and coastal.
waters.This bill requires the development of a marine and coastal debris
action plan, which will enable DEC to work with other stakeholders
effectively and collaboratively and enhance its ability to obtain Feder-
al funds or foundation grants for prevention and mitigation activities.

The bill also requires DEC to make its facilities available whenever
feasible to volunteer organizations and other entities to facilitate
efforts combatting marine debris and, to the extent funds are available,
support and assist such efforts and provide grants for pilot projects in
the areas of ghost gear identification and removal, monofilament fishing
line recycling and beach debris cleanup.  Finally, the bill requires DEC
to provide information on reporting the location of ghost gear on its
website and fish and wildlife syllabus, as California, Washington and
other states already do.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: A.6294 - Reported to Ways and Means

2019-20; A.4755 - Reported to Ways and Means.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Immediately, provided that the initial marine debris action plan shall
be issued not later than 15 months after the date on which the bill
becomes a law.

2023-S8877 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8877
 
                             I N  S E N A T E
 
                              March 22, 2024
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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  the
   prevention and mitigation of marine and coastal debris
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Article 13 of the environmental conservation law is amended
 by adding a new title 9 to read as follows:
                                  TITLE 9
            MARINE AND COASTAL DEBRIS PREVENTION AND MITIGATION
 SECTION 13-0901. DECLARATION OF POLICY.
         13-0903. DEFINITIONS.
         13-0905. RESPONSIBILITIES OF THE DEPARTMENT.
 § 13-0901. DECLARATION OF POLICY.
   IT IS DECLARED TO BE THE PUBLIC  POLICY  OF  THIS  STATE  TO  PROTECT,
 PRESERVE  AND  RESTORE  ITS MARINE AND COASTAL WATERS AND TO PREVENT AND
 MITIGATE THEIR DESPOLIATION BY MARINE AND COASTAL DEBRIS,  IN  ORDER  TO
 MAINTAIN  HEALTHY  COASTAL  AND  OCEAN  ECOSYSTEMS AND THE BENEFITS THEY
 PROVIDE TO COMMUNITIES.
 § 13-0903. DEFINITIONS.
   1. "MARINE AND COASTAL DEBRIS" SHALL MEAN ANY PERSISTENT SOLID MATERI-
 AL THAT IS MANUFACTURED OR PROCESSED, AND DIRECTLY OR INDIRECTLY, INTEN-
 TIONALLY OR UNINTENTIONALLY, DISPOSED OF OR ABANDONED IN THE  WATERS  OF
 THE  MARINE AND COASTAL DISTRICT, INCLUDING DEBRIS THAT HAS BEEN DUMPED,
 SWEPT, OR BLOWN OFF COMMERCIAL AND FISHING VESSELS, OR STATIONARY  PLAT-
 FORMS  AT  SEA, INCLUDING BUT NOT LIMITED TO GHOST GEAR, AND DEBRIS THAT
 HAS BEEN GENERATED ON LAND AND BLOWN, SWEPT, OR WASHED OUT TO MARINE AND
 COASTAL WATERS.
   2. "GHOST GEAR" SHALL MEAN LOST OR ABANDONED FISHING  GEAR,  INCLUDING
 FISHING  NETS,  FISHING  LINES,  CRAB POTS, SHRIMP POTS, LOBSTER POTS OR
 TRAPS, FISH OR EEL POTS, AND OTHER COMMERCIAL AND  RECREATIONAL  FISHING
 EQUIPMENT, BUT SHALL NOT INCLUDE LOST OR ABANDONED VESSELS OR STRUCTURAL
 COMPONENTS THEREOF.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06980-01-3

 S. 8877                             2
 
   3.   "ELIGIBLE  RECIPIENTS"  SHALL  MEAN  NOT-FOR-PROFIT  CORPORATIONS
 LOCATED WITHIN NEW YORK STATE WITH THE PURPOSE OF PROMOTING SPORT  FISH-
 ING, INCREASING PARTICIPATION IN RECREATIONAL ANGLING, INCREASING PUBLIC
 AWARENESS  AND  APPRECIATION  OF  AQUATIC NATURAL RESOURCES, ENCOURAGING
 CONSERVATION  OF  FISHERIES  RESOURCES, OR PROMOTING RESEARCH RELATED TO
 SPORT FISHING, RECREATIONAL ANGLING, OR AQUATIC NATURAL RESOURCES.
 § 13-0905. RESPONSIBILITIES OF THE DEPARTMENT.
   1. THE DEPARTMENT SHALL PREPARE AND ANNUALLY UPDATE A MARINE AND COAS-
 TAL DEBRIS ACTION PLAN. SUCH PLAN SHALL  BE  DEVELOPED  IN  CONSULTATION
 WITH  RELEVANT  STAKE HOLDERS INCLUDING, BUT NOT LIMITED TO, THE DEPART-
 MENT OF STATE AND THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVA-
 TION, THE MARINE RESOURCES  ADVISORY  COUNCIL  ESTABLISHED  PURSUANT  TO
 SECTION 13-0350 OF THIS ARTICLE, LOCAL GOVERNMENTS, ELIGIBLE RECIPIENTS,
 HOLDERS  OF  COMMERCIAL AND RECREATIONAL FISHING LICENSES, ORGANIZATIONS
 OF SPORTING ENTHUSIASTS AND PERSONS CONCERNED WITH ENVIRONMENTAL  ISSUES
 AND ANIMAL WELFARE.
   2.  SUCH  PLAN SHALL INCLUDE AN ASSESSMENT OF THE EXTENT OF MARINE AND
 COASTAL DEBRIS AND ITS IMPACT ON RESOURCES IN MARINE AND COASTAL WATERS,
 SHALL EVALUATE AND PRIORITIZE MEASURES TO IDENTIFY, PREVENT AND MITIGATE
 THE IMPACTS OF SUCH DEBRIS, AND SHALL IDENTIFY  BEST  PRACTICES  IN  THE
 PREVENTION,  IDENTIFICATION AND MITIGATION OF MARINE AND COASTAL DEBRIS.
 IN ADDITION, EACH ANNUAL UPDATE SHALL INCLUDE INFORMATION  AND  DATA  ON
 PROGRESS IN ACCOMPLISHING THE OBJECTIVES OF THE PRIOR YEAR'S PLAN AND ON
 ACTIVITIES  UNDERTAKEN OR SUPPORTED BY THE DEPARTMENT PURSUANT TO SUBDI-
 VISIONS THREE AND FOUR OF THIS SECTION AND ANY PILOT PROJECTS  INITIATED
 PURSUANT TO SUBDIVISION FIVE OF THIS SECTION.
   3.  THE DEPARTMENT SHALL: (A) TO THE EXTENT FEASIBLE, MAKE ITS FACILI-
 TIES IN COMMUNITIES ADJACENT TO OR  WITHIN  MARINE  AND  COASTAL  WATERS
 AVAILABLE  TO  ORGANIZATIONS  AND  ENTITIES  INVOLVED IN IDENTIFICATION,
 PREVENTION, MITIGATION AND REMOVAL AND RECYCLING OR OTHER REMEDIATION OF
 MARINE DEBRIS TO FACILITATE PLAN IMPLEMENTATION; AND (B) TO  THE  EXTENT
 FUNDS  ARE AVAILABLE THEREFOR, SUPPORT AND ASSIST SUCH ORGANIZATIONS AND
 ENTITIES IN EFFORTS TO IMPLEMENT THE PLAN.
   4. THE DEPARTMENT SHALL, AT A MINIMUM, PROVIDE INFORMATION ON  REPORT-
 ING  THE  LOCATION OF GHOST GEAR WHEN ISSUING ANY COMMERCIAL LICENSE FOR
 FISHING IN MARINE AND COASTAL WATERS, SHALL PUBLISH SUCH INFORMATION  IN
 ANY  DEPARTMENT-GENERATED  GUIDE OR MAP FOR SALTWATER FISHING, AND SHALL
 INCLUDE TOLL-FREE NUMBERS AND LINKS TO WEBSITES  OF  ORGANIZATIONS  THAT
 ACCEPT REPORTS OF SUCH LOCATIONS ON ITS WEBSITE AND ON ANY MOBILE APPLI-
 CATION  FOR  HUNTING,  FISHING AND WILDLIFE INFORMATION SUPPORTED BY THE
 DEPARTMENT.
   5. TO EXTENT THAT FUNDS ARE AVAILABLE FOR SUCH PURPOSES,  THE  DEPART-
 MENT  SHALL PROVIDE GRANTS TO ELIGIBLE RECIPIENTS TO OPERATE ONE OR MORE
 PILOT PROJECTS IN EACH  OF  THE  FOLLOWING  AREAS:  (A)  IDENTIFICATION,
 REMOVAL  AND, TO THE EXTENT FEASIBLE, RECYCLING OF GHOST GEAR; (B) MONO-
 FILAMENT FISHING LINE RECYCLING; AND (C) BEACH DEBRIS CLEANUP.
   § 2. Section 13-0503 of the environmental conservation law is  amended
 by adding a new subdivision 5 to read as follows:
   5.  THE  BOARD MAY ADVISE AND ASSIST THE DEPARTMENT IN THE EXERCISE OF
 ITS RESPONSIBILITIES UNDER TITLE NINE OF THIS ARTICLE.
   § 3. Subdivision 1 of section 11-0323 of the  environmental  conserva-
 tion  law,  as amended by chapter 330 of the laws of 2014, is amended to
 read as follows:
   1. The department shall compile and index each year after the adjourn-
 ment of the legislature the laws relating to fish and wildlife, as  well
 as  invasive  species  (as  defined in section 9-1703 and 9-1710 of this
 S. 8877                             3
 
 chapter), as amended to date. IN ADDITION, INFORMATION ON REPORTING  THE
 LOCATION  OF  GHOST GEAR, INCLUDING TOLL-FREE NUMBERS AND WEBSITE LINKS,
 SHALL ALSO BE INCLUDED. Copies of the compilation shall  be  printed  in
 pamphlet form of pocket size in the number for which the legislature may
 appropriate funds.
   §  4.  This act shall take effect immediately; provided, however, that
 the initial marine debris action plan shall be issued not later than  15
 months after the date on which this act shall have become a law.

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Senate Bill S8877

Sponsored By

Current Bill Status - In Assembly Committee

Jun 5, 2024 - Floor Vote

Floor Vote: Jun 5, 2024

May 14, 2024 - Finance Committee Vote

Finance Committee Vote: May 14, 2024

Apr 16, 2024 - Environmental Conservation Committee Vote

Environmental Conservation Committee Vote: Apr 16, 2024

2023-S8877 (ACTIVE) - Details

2023-S8877 (ACTIVE) - Summary

2023-S8877 (ACTIVE) - Sponsor Memo

2023-S8877 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8877

Share this bill

Sponsored By

James Sanders Jr.

Current Bill Status - In Assembly Committee

2023-S8877 (ACTIVE) - Details

2023-S8877 (ACTIVE) - Summary

2023-S8877 (ACTIVE) - Sponsor Memo

2023-S8877 (ACTIVE) - Bill Text download pdf

Comments