NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5705
SPONSOR: Brown K TITLE OF BILL:
An act to amend the environmental conservation law and the navigation
law, in relation to prohibiting the discharge of bilge water into waters
of the state
PURPOSE:
Prohibits the discharge of bilge water into waters of the state
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Section 17-0105 of the environmental conservation law is
amended by adding a new subdivision 24. Section 2: The environmental
conservation law is amended by adding a new section 17-0508 Section 3:
Subdivision 1 of section 33-c of the navigation law is amended by adding
a new paragraph (k). Section 4: Subdivision 2 of section 33-c of the
navigation law is amended by adding a new paragraph (c). Section 5:
Identifies effective date.
JUSTIFICATION:
Recent reports show Long Island's water has the highest levels of
certain dangerous chemicals in the entire state. One source of contam-
ination is bilge water which is a mixture of water, oily fluids, lubri-
cants and grease, cleaning fluids and other wastes that accumulate in
the lowest part of a vessel from a variety of sources, including engines
and other parts of the propulsion system, piping, and other mechanical
and operational sources found throughout the machinery spaces of a
vessel. All boats generate wastewater, and those sources include bilge
water as well as marine toilets, and laundry/dishwashing facilities.
Discharging bilge water to the water exposes marine and aquatic organ-
isms to these toxic substances. This bill would make it unlawful for any
person, directly or indirectly, to place, throw, deposit, or otherwise
discharge bilge water within any waterways, or bodies of water located
within New York State, or any body of water which is adjacent to New
York state over which the state has territorial jurisdictions on which
watercraft may be used or operated.
LEGISLATIVE HISTORY:
A10249 2021-22
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effort immediately
STATE OF NEW YORK
________________________________________________________________________
5705
2023-2024 Regular Sessions
IN ASSEMBLY
March 22, 2023
___________
Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the environmental conservation law and the navigation
law, in relation to prohibiting the discharge of bilge water into
waters of the state
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 17-0105 of the environmental conservation law is
2 amended by adding a new subdivision 24 to read as follows:
3 24. "Oily bilge water" or "bilge water" means the mixture of water,
4 oily fluids, lubricants and grease, cleaning fluids and other wastes
5 that accumulate in the lowest part of a vessel from a variety of sourc-
6 es, including engines and other parts of the propulsion system, piping,
7 and other mechanical and operational sources found throughout the
8 machinery spaces of a vessel.
9 § 2. The environmental conservation law is amended by adding a new
10 section 17-0508 to read as follows:
11 § 17-0508. Prohibition against discharge of bilge water.
12 1. It shall be unlawful for any person, directly or indirectly, to
13 place, throw, deposit, or otherwise discharge into the waters of this
14 state any bilge water as defined in subdivision twenty-four of section
15 17-0105 of title one of this article from any vessel, watercraft, marina
16 or mooring.
17 2. For the purposes of this section "waters of the state" means all of
18 the waterways, or bodies of water located within New York state or that
19 part of any body of water which is adjacent to New York state over which
20 the state has territorial jurisdictions on which watercraft may be used
21 or operated.
22 3. Severability. The provisions of this section shall be severable and
23 if any portion thereof or the applicability thereof to any person or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06296-01-3
A. 5705 2
1 circumstance is held invalid, the remainder of this section and the
2 application thereof shall not be affected thereby.
3 § 3. Subdivision 1 of section 33-c of the navigation law is amended by
4 adding a new paragraph (k) to read as follows:
5 (k) The term "oily bilge water" or "bilge water" means the mixture of
6 water, oily fluids, lubricants and grease, cleaning fluids and other
7 wastes that accumulate in the lowest part of a vessel from a variety of
8 sources, including engines and other parts of the propulsion system,
9 piping, and other mechanical and operational sources found throughout
10 the machinery spaces of a vessel.
11 § 4. Subdivision 2 of section 33-c of the navigation law is amended by
12 adding a new paragraph (c) to read as follows:
13 (c) No person, whether engaged in commerce or otherwise, shall place,
14 throw, deposit, or discharge, or cause to be placed, thrown, deposited,
15 or discharged any bilge water into the waters of this state, from any
16 vessel, watercraft, marina or mooring.
17 § 5. This act shall take effect immediately.
