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.