N.Y. Navigation Law § 70-a: Minimum conditions for petroleum-bearing vessels on the Hudson river; tanker-avoidance zones

§ 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;

(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.