§ 70-a. Minimum conditions for petroleum-bearing vessels on the Hudson\nriver; tanker-avoidance zones. 1. The commissioner of environmental\nconservation in consultation with the United States Coast Guard, the\nboard of commissioners of pilots, the department of state, at least one\nlicensed Hudson river pilot and appropriate officials of any state which\nmight be affected, may establish guidelines setting forth:\n (a) the minimum conditions under which petroleum-bearing vessels as\ndefined in section one hundred seventy-two of this chapter may enter or\nmove upon the navigable waters of the Hudson river. Such conditions may\ninclude, but not be limited to:
(ii)the tide and wind\nconditions; and (iii) weather;\n (b) the minimum conditions under which petroleum-bearing
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§ 70-a. Minimum conditions for petroleum-bearing vessels on the Hudson\nriver; tanker-avoidance zones. 1. The commissioner of environmental\nconservation in consultation with the United States Coast Guard, the\nboard of commissioners of pilots, the department of state, at least one\nlicensed Hudson river pilot and appropriate officials of any state which\nmight be affected, may establish guidelines setting forth:\n (a) the minimum conditions under which petroleum-bearing vessels as\ndefined in section one hundred seventy-two of this chapter may enter or\nmove upon the navigable waters of the Hudson river. Such conditions may\ninclude, but not be limited to: (i) visibility; (ii) the tide and wind\nconditions; and (iii) weather;\n (b) the minimum conditions under which petroleum-bearing vessels may\nenter or leave any major facility, port or harbor along the Hudson\nriver. Such conditions may include, but are not be limited to: (i)\nvisibility; (ii) the tide and wind conditions; and (iii) weather;\n (c) the establishment of tanker-avoidance zones, where it shall be\nunlawful for petroleum-bearing vessels as defined in section one hundred\nseventy-two of this chapter, to enter, move or anchor upon the navigable\nwaters of the Hudson river, except in cases of great emergency. Such\ntanker-avoidance zones may be based upon physical and environmental\nconditions which may include, but are not limited to: (i) navigational\nhazards; (ii) environmental conditions; (iii) the existence of\ndesignated significant coastal fish and wildlife habitats; (iv)\nproximity to waterfront communities; (v) disproportionate impacts on\ncommunities; and (vi) federally or state identified environmental\nremediation sites; and may consider an affected community's waterfront\nrevitalization plan or comprehensive plan and the environmental justice\ncommunities impacts.\n 2. The commissioner of environmental conservation following\nconsultation with the United States Coast Guard, the board of\ncommissioners of pilots, the department of state, the office of parks,\nrecreation and historic preservation, at least one licensed Hudson river\npilot and appropriate officials of any state which might be affected,\nshall submit a report to the governor, the temporary president of the\nsenate, and the speaker of the assembly within one hundred twenty days\nof the effective date of this section regarding recommendations on\nplans, policies and programs affecting petroleum-bearing vessels on the\nnavigable waters of the Hudson river, as well as on any proposed\nrulemaking from the United States Coast Guard which would impact the\nHudson river.\n