What's happening
This bill allows New York to set environmental guidelines and create tanker-avoidance zones for petroleum vessels on the Hudson River.
Why it matters
Empowers New York State to set stricter operational conditions. (like visibility, tide, wind, and weather) for petroleum tankers on the Hudson River, potentially reducing risks of accidents and spills beyond federal minimums.
Allows for creation of “tanker-avoidance zones”. that prohibit petroleum vessels from sensitive or risky areas—factoring in hazards, environmental sensitivity, community proximity, environmental justice, and local development plans—helping to protect ecological and community interests.
Requires state-level coordination and reporting. with federal and regional stakeholders, ensuring that New York’s policies are informed by local expert input and aligned with broader navigational and environmental priorities.
Mandates a formal review and report to state leadership. on vessel management and any relevant federal rulemaking, which could influence future policy decisions and public awareness about petroleum transport risks on the Hudson River.
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Who cares
Petroleum vessel operators and Hudson River port operators
The bill would authorize guidelines on vessel movements and port access based on visibility, tides, wind and weather, along with tanker-avoidance zones barring entry, movement or anchoring except in great emergencies.
Hudson River waterfront and environmental justice communities
Tanker-avoidance zones could consider proximity to communities, disproportionate impacts, waterfront plans and environmental justice impacts.
Department of Environmental Conservation
The commissioner could establish guidelines and would have to submit recommendations on petroleum vessel policies and proposed Coast Guard rules affecting the Hudson River within 120 days of the bill’s effective date.
United States Coast Guard and Hudson River pilots
The bill would require consultation with the Coast Guard, the board of commissioners of pilots and at least one licensed Hudson River pilot on guidelines and the required report.
Headline styles
Limit Oil Ships on Hudson
Plain English, a few words. Used as the page title.
Sponsors
History
- Substituted by A6825A
- Ordered to third reading cal.2210
- Print number 5197b
- Amend (t) and recommit to rules
- Reported and committed to rules
- Print number 5197a
- Amend (t) and recommit to environmental conservation
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Limit Oil Tankers on Hudson
Signed by Governor · Sponsor Didi Barrett
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5197--B
2017-2018 Regular Sessions
IN SENATE
March 13, 2017
Introduced by Sens. SERINO, ALCANTARA, AMEDORE, AVELLA, CARLUCCI, HAMIL- TON, KRUEGER, LATIMER, STEWART-COUSINS -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee and committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the navigation law, in relation to consideration of environmental conditions when permitting petroleum-bearing vessels to operate on the Hudson River
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The navigation law is amended by adding a new section 70-a to read as follows:
§ 70-a. Minimum conditions for petroleum-bearing vessels on the Hudson river; tanker-avoidance zones. 1. The commissioner of environmental conservation in consultation with the United States Coast Guard, the board of commissioners of pilots, the department of state, at least one licensed Hudson river pilot and appropriate officials of any state which might be affected, may establish guidelines setting forth:
(a) the minimum conditions under which petroleum-bearing vessels as defined in section one hundred seventy-two of this chapter may enter or move upon the navigable waters of the Hudson river. Such conditions may include, but not be limited to: (i) visibility; (ii) the tide and wind conditions; and (iii) weather;
(b) the minimum conditions under which petroleum-bearing vessels may enter or leave any major facility, port or harbor along the Hudson river. Such conditions may include, but are not be limited to: (i) visibility; (ii) the tide and wind conditions; and (iii) weather;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10512-13-7
S. 5197--B 2
(c) the establishment of tanker-avoidance zones, where it shall be unlawful for petroleum-bearing vessels as defined in section one hundred seventy-two of this chapter, to enter, move or anchor upon the navigable waters of the Hudson river, except in cases of great emergency. Such tanker-avoidance zones may be based upon physical and environmental conditions which may include, but are not limited to: (i) navigational hazards; (ii) environmental conditions; (iii) the existence of designated significant coastal fish and wildlife habitats; (iv) proximity to waterfront communities; (v) disproportionate impacts on communities; and (vi) federally or state identified environmental remediation sites; and may consider an affected community's waterfront revitalization plan or comprehensive plan and the environmental justice communities impacts.
2. The commissioner of environmental conservation following consultation with the United States Coast Guard, the board of commissioners of pilots, the department of state, the office of parks, recreation and historic preservation, at least one licensed Hudson river pilot and appropriate officials of any state which might be affected, shall submit a report to the governor, the temporary president of the senate, and the speaker of the assembly within one hundred twenty days of the effective date of this section regarding recommendations on plans, policies and programs affecting petroleum-bearing vessels on the navigable waters of the Hudson river, as well as on any proposed rulemaking from the United States Coast Guard which would impact the Hudson river.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the navigation law, in relation to consideration of environmental conditions when permitting petroleum-bearing vessels to operate on the Hudson River
Purpose
To establish factors used to determine the conditions under which petroleum-bearing vessels may enter or move upon navigable waters of the Hudson River, as well as for establishing tanker-avoidance zones along the river.
Summary of provisions
Section 1: Adds a new section 70-a of the navigation law to provide that the Commissioner of the NYS Department of Environmental Conservation may work in consultation with the United States Coast Guard, the Board of Commissioners of Pilots, the Department of State and at least one licensed Hudson River Pilot with regards to the establishment guidelines setting forth the conditions for petroleum-bearing vessels to enter or move upon navigable waters of the Hudson River, as well as tanker-avoidance zones. Also adds conditions that may be considered for tanker-avoidance zones, and requires the Commissioner of Environmental Conservation, following consultation with those referenced above, to submit a report on any proposed rulemaking from the United States Coast Guard that would impact the Hudson River within 120 days of this act taking effect.
Section 2: Establishes the effective date.
Justification
The United States Coast Guard issued an Advance Notice of Proposed Rulemaking to establish 10 new anchorage grounds which could potentially create 43 new vessel berths in the Hudson River between Kingston and Yonkers. The proposed plan raises economic and health and safety concerns and it is important that New York State is able to take appropriate factors into account when determining the use of its navigable waters.
The Hudson River and surrounding waterfronts are the lifeblood of the communities through which it passes, and members of these communities have expressed their fear that, in addition to potential accidents, their scenic waterfronts could be transformed into parking lots for unsightly barges. This legislation will enhance the State's ability to protect its communities and to preserve the natural integrity of the region.
Legislative history
New bill.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.