2001-05-02                     Senate Journal                      Page 1426
HB 260                                                                                            
CS FOR HOUSE BILL NO. 260(FIN) am BY THE HOUSE                                                      
FINANCE COMMITTEE, entitled:                                                                        
                                                                                                    
"An Act requiring the owners or operators of certain commercial                                     
passenger vessels operating in the marine waters of the state to register                           
with the Department of Environmental Conservation; establishing                                     
information-gathering, record keeping, and reporting requirements                                   

2001-05-02                     Senate Journal                      Page 1427
relating to the vessels' graywater, sewage, hazardous substances,                                   
hazardous wastes, solid wastes, and other pollutants; establishing                                  
certain sampling, testing, reporting, and record-keeping requirements                               
as terms and conditions of permitting discharges from the vessels;                                  
authorizing the Department of Environmental Conservation to provide                                 
for independent verification of compliance by the vessels, and to                                   
monitor and supervise discharges from the vessels; prohibiting the                                  
discharge of untreated sewage from the vessels; placing limits on                                   
discharges of treated sewage and graywater from the vessels;                                        
providing that there is no audit report privilege for complying with a                              
requirement that the owner or operator of a commercial passenger                                    
vessel must report discharges of sewage or graywater that violate laws;                             
establishing a fee, ranging from $.70 - $1.75 per berth, with a                                     
maximum of $3,750 per voyage, on commercial passenger vessels that                                  
are not operated by the state for each voyage during which the vessels                              
operate in the marine waters of the state based on the overnight                                    
accommodation capacity of the vessels determined with reference to                                  
the number of lower berths; providing for a fee for vessels operated by                             
the state to be determined by an agreement between the commissioner                                 
of environmental conservation and the commissioner of transportation                                
and public facilities; authorizing the Department of Environmental                                  
Conservation to research, monitor, and study discharges and releases                                
from commercial passenger vessels, including the opacity of air                                     
emissions from the vessels; establishing penalties for failure to comply                            
with certain laws relating to the vessels; authorizing the Department of                            
Environmental Conservation to encourage and recognize superior                                      
environmental protection efforts related to commercial passenger                                    
vessels; authorizing the Department of Environmental Conservation to                                
adopt regulations to implement laws relating to commercial passenger                                
vessels and directing the department to use negotiated regulation                                   
procedures, when appropriate, to develop the regulations; establishing                              
a commercial passenger vessel coastal protection fund; requiring a                                  
report from the Department of Environmental Conservation                                            
concerning matters relating to the vessels; and providing for an                                    
effective date."                                                                                    
                                                                                                    
was read the first time and held on the Secretary's Desk.