Enacts the "aquatic nuisance species coalition participation act"

BILL NUMBER:S145

Title of bill

An act to amend the environmental conservation law, in relation to enacting the "aquatic nuisance species coalition participation act"

Purpose

In 2005, the State of Michigan created the Great Lakes Aquatic Nuisance Species Coalition to bring the eight Great Lakes states together to collaboratively seek and devise consistent state regulations to manage aquatic nuisance species discharged from ocean-going vessels' ballast water. The legislature further finds that because all ocean-going vessels must pass through New York State's waters, regardless of whether they stop at New York State ports, New York State carries a singular obligation to actively participate in the Great Lakes Aquatic Nuisance Species Coalition. This bill authorizes and directs the NYS Department of Environmental Conservation to do so.

Summary of provisions

Adds the following definitions to §17-2305: 1. Aquatic nuisance species 2. Ballast water 3. Great Lakes 4. Non-indigenous species

Adds § 17-2307 to:

1. authorize and direct the NYS Department of Environmental Conservation to participate in the Great Lakes Aquatic Nuisance Species Coalition as organized by the Michigan Department of Environmental Quality for the purpose of devising basin-wide regulations to address the discharge of aquatic nuisance species in the ballast water of ocean-going vessels.

2. continue to actively participate and cooperate with entities including, but not exclusive to, the International Joint commission, the Great Lakes Commission, the Great Lakes Panel on Aquatic Nuisance Species, the Great Lakes Fishery Commission, the U.S. Coast Guard, the U.S. Environmental Protection Agency, and the NYS Invasive Species Task Force.

3. To report at least annually to the governor and legislature on Coalition activities.

Justification

Over 180 aquatic nuisance species are established in the Great Lakes, and ballast water discharges from ocean-going vessels have been implicated in more than two-thirds of the introductions of new aquatic nuisance species that have occurred since 1959, when the St. Lawrence Seaway was opened. Introduction of an aquatic nuisance species anywhere in the Great Lakes poses a threat to the entire Great Lakes ecosystem, including the waters of the state.

Aquatic nuisance species have altered the Great Lakes ecosystem, harmed commercial and recreational fishing industries, and damaged water supply and energy infrastructure. Billions of dollars have been spent addressing the impacts of aquatic nuisance species in the Great Lakes. And the threat of new introductions of aquatic nuisance species is real and growing.

The interstate aspects of this problem require that New York coordinate with the other Great Lakes states to seek to devise effective and consistent regulatory approaches to address the aquatic nuisance species challenge that threatens them all. Because all ocean-going vessels must pass through the waters of New York State, its active participation in the Great Lakes Aquatic Nuisance Species Coalition will 1) strengthen the Coalition and support various individual state and federal initiatives to research and monitor the situation, 2) support a collaborative multi-state legislative voice in any proposed congressional legislation to establish a regulatory program, and 3) support efforts to establish a multi-state legislative voice to collaboratively work with the provincial governments of Ontario and Quebec.

Legislative history

S.2858 of 2009-2010; Referred to Senate Environmental Conservation Committee S.7701B of 2006; Referred to Senate Environmental Conservation Committee S.959 of 2007-08; Referred to Senate Environmental Conservation Committee

Fiscal implications

None.

Effective date

This bill shall take effect immediately.