NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7692
SPONSOR: Englebright TITLE OF BILL: An act to amend chapter 330 of the laws of 2014,
amending the environmental conservation law relating to aquatic invasive
species, spread prevention, and penalties, in relation to the effective-
ness thereof
PURPOSE: OF THE BILL:
The purpose of this bill is to prevent the spread of aquatic invasive
species by prohibiting the launching of watercraft or floating docks
without taking reasonable precautions to remove visible plant or animal
matter by washing, draining and drying.
SUMMARY OF PROVISIONS:
Section 1 of this bill would amend § 9-1710 and § 71-0703 of the Envi-
ronmental Conservation Law (ECL) to extend, until June 1, 2020, DEC's
authority to prevent the spread of aquatic invasive species.
Section 2 of this bill provides an immediate effective date.
STATEMENT IN SUPPORT:
In 2007, the Legislature enacted Title 17 of Article 9 of the ECL in an
effort to begin addressing the recognized unacceptable risk to New York
State's environment and economy posed by invasive plants and animals.
Title 17 established the New York Invasive Species Council (ISC),
consisting of DEC and the Department of Agriculture Markets (A&M) as
co-chairs, and the Department of Transportation, the Office of Parks,
Recreation and Historic Preservation, the Department of Education, the
Department of State, the New York State Thruway Authority, the New York
State Canal Corporation and the Adirondack Park Agency as members.
In their 2010 meeting, the ISC unanimously approved this legislation, as
well as the concepts, which were adopted by Chapter 267 of the Laws of
2012 requiring the establishment in regulations of lists of prohibited
and regulated invasive species, as a means of preventing the spread of
aquatic species.
Recreational boating is a key means by which invasive plants and animals
are spread between water bodies. Examples of aquatic invasive plants
include hydrilla, Eurasian water milfoil and European water chestnut;
invasive aquatic animals include zebra mussels and spiny waterflea. New
York State has invested many millions of dollars to rid waters of aquat-
ic invasive species. The prevention measures required in this legis-
lation, such as checking, cleaning and drying boats, trailers and equip-
ment can be easily performed by boat owners without cost to New York
State, and would serve to slow the spread of aquatic invasive species.
Several states have adopted similar legislation, including Connecticut,
Maine, Minnesota, Ohio, Vermont and Wisconsin. In addition, several
localities (Washington, Warren, Tomkins, Essex and Schuyler Counties and
the Towns of Lake Pleasant, Santa Clara, Harrietstown, North Elba, Lake
Placid, Franklin, and Brighton in the Adirondacks) have adopted legis-
lation which attempts to address the spread of aquatic invasive species,
resulting in inconsistent and varying rules across the State. The Town
of Chester has mandated inspections and boat washing before launching
into Loon Lake. The Lake George Park Commission has adopted regulations
mandating watercraft inspection and cleaning when accessing Lake George.
Adoption of this legislation helped reduce the spread of water-borne
invasive species across the state, enhanced protection of all waterbod-
ies, not only those which were the subject of local laws, and avoided
further "patchwork" laws and regulations.
PRIOR LEGISLATIVE HISTORY:
DEC's regulatory authority was last extended by Chapter 330 of the Laws
of 2014.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
The bill would take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7692
2019-2020 Regular Sessions
IN ASSEMBLY
May 16, 2019
___________
Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Environmental Conservation
AN ACT to amend chapter 330 of the laws of 2014, amending the environ-
mental conservation law relating to aquatic invasive species, spread
prevention, and penalties, in relation to the effectiveness thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 4 of chapter 330 of the laws of 2014, amending the
2 environmental conservation law relating to aquatic invasive species,
3 spread prevention, and penalties, is amended to read as follows:
4 § 4. This act shall take effect one year after it shall have become a
5 law, and shall expire and be deemed repealed June 1, [2019] 2020.
6 Effective immediately, the addition, amendment, and/or repeal of any
7 rule or regulation necessary for the timely implementation of this act
8 on its effective date is authorized to be made on or before such effec-
9 tive date.
10 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11807-01-9
