One of the Association's primary objectives is to actively advocate on behalf of the marine trades industry in New York. This involves ongoing bill monitoring, advancing legislative initiatives that would be favorable to the industry, and responding to legislation and regulations that would harm the industry.

The Association retains professional lobbyists, the Capitol Group, LLC, to assist with these activities.

Capitol Report for the 2010 Session

The Senate and Assembly left Albany this year on July 1^st with only 90% of the budget passed. The Assembly managed to pass a budget in its entirety; however, the Senate could not reach an agreement on the Revenue bill. The deadlock in the Senate is over two unsolved issues, a FMAP contingency plan, dealing with Federal Medicaid funding, and UB 2020, dealing with tuition for SUNY.

Senate Democratic Leader, John Sampson, has stated the Senate will come back to Albany to pass the Revenue bill when a deal has been reached and outstanding issues resolved. There have been rumors concerning when this might happen, but no date has been confirmed by the Legislature.

Governor Paterson released a new revenue bill that includes many of the elements of his previous revenue plan, and addressed the outstanding issues that are preventing its passage in the Senate. However, despite this effort by the Governor to encourage the completion of the budget, the legislature rejected his new Revenue bill.

Of the budget that was passed by the Assembly and Senate, Governor Paterson vetoed approximately 6,700 budget items amounting to over $500 million. Without a final Revenue bill passed by both houses and signed by the Governor, the budget is not complete.

ESMTA Report 2010 Session

Mandatory Boater Safety Certificate Bill Stopped

The Empire State Marine Trades Association (ESMTA) opposed Assemblywoman Galef’s Boater Safety Certificate bill, A5889E/S5752D Klein. This legislation would have required, among other provisions, all persons who operate a mechanically propelled boat born after January 1, 1992 to hold a boating safety certificate. The ESMTA representatives in Albany worked closely with the appropriate legislators in the Assembly and Senate to ensure this bill was not brought up for a vote. The lobbying efforts combined with the calls from ESMTA members were essential to stopping this legislation from passing at this time.

Seagrass Management Bill Passes Legislature With ESMTA Amendments

The ESMTA supported this bill, which authorizes the Department of Environmental Conservation (DEC) to adopt rules and regulations to regulate coastal and marine activities that threaten seagrass, only after we were successful in adding an amendment that also recognized the importance of recreational boating and related marine industries.

In its original incarnation, there was no provision that the DEC actions to protect seagrass conservation areas be guided by a management plan or give any consideration to marine-related businesses or recreational activities. The ESMTA amendment reads as follows:

2. For each designated seagrass management area, the department shall develop and adopt a seagrass management plan to guide the development of rules and regulations pursuant to subdivision one of this section. Such plan shall be developed after consultation with local governments, representatives of recreational boating interests, the marine industry, affected property owners and other stakeholders, so as to effectively manage and protect seagrass beds and seagrass restoration efforts. In addition, seagrass management plans shall seek to preserve traditional recreational activities, including recreational boating and marina operations, as well as finfishing, shellfishing and tourism while ensuring such activities do not threaten seagrass beds or negate seagrass restoration efforts.

ESMTA Sponsored Invasive Species Legislation

ESMTA’s proposal expands the use of no more than 25% of the funds deposited in the “I love New York waterways” vessel access account from the boat registration surcharge for administrative costs for an aquatic invasive species volunteer steward program established pursuant to section 74-A of the navigation law. The measure also creates a non-motorized vessel invasive species permit to help fund the program.

The aquatic invasive species volunteer steward program would be developed by the DEC Commissioner, in cooperation with the New York invasive species council to protect the recreational quality of the public waterways, the economic interests of marine industries and the enjoyment of pleasure boating and other sports on the waters of the state from the negative impacts of aquatic invasive species.

A comprehensive aquatic invasive species voluntary steward program would be designed to collect information and data on alien plants and animals in the waters of the state and to educate boaters. Stewards would be tasked with, to the extent practical, inspecting vessels entering and leaving New York waterways, removing and collecting plant or animal material, identifying aquatic invasive species, and creating a survey record.

We are currently discussing this legislation with Assemblyman Sweeney in an effort to be proactive on this issue and head-off attempts by environmental bureaucrats to have introduced in the legislature an IS bill that would negatively impact the marine industry.

ESMTA and its members get major 2009-10 budget victories

Legislature Rejects Luxury Tax

The Empire State Marine Trades Association (ESMTA) is pleased to report that the Legislature rejected the Governor's proposed Luxury Tax on boats. This tax would have imposed an additional sales and use tax at the rate of 5% on the retail sale or use within the State of vessels to the extent the sale price exceeds $200,000 and would have been detrimental to our industry.

Thanks to the grassroots effort of the ESMTA, our members and our lobbying firm in Albany, Capitol Group, we were able to stop the luxury tax on boats.

Apprentices allowed to bottom paint

On the apprentice front, we were successful in getting the legislature and the Governor to include in this year's state budget a provision that allows pesticide apprentices to continue to apply antifouling paints. This was a major victory for ESMTA and the industry. In the 2008 – 09 there was a bill passed with the purpose to extend the authorization for the application of aquatic antifouling paints. This year's budget language ensures that the marine industry is treated similarly to all the other industries that apply pesticides in New York. Most importantly, it removes the uncertainty that accompanied the need for ESMTA to fight each year for the right to continue to use apprentices to paint boats.

The new budget language allows for marinas to continue to paint boats without any significant changes in oversight and regulation. While the minimum age requirement for an apprentice who applies aquatic antifouling paints was increased from 16 to 17 years old and only general use pesticides are now permitted to be applied by apprentices who wear the appropriate protective clothing and gear, this represents little if any change in the way marinas and boat dealers have been applying paints for years.

Governor Signs Important Bill July 2008

The Empire State Marine Trades Association has just enjoyed another good legislative session as Governor Patterson has signed two of our bills into law. Summaries are listed below, and the complete bill language is attached. As always, if you have any questions, The Capitol Group would be happy to hear from you. Their contact information is listed below.

Chapter345 of 2008 with Approval memo.19

A 11278 Sweeney (Same as S 8536 MARCELLINO)

Environmental Conservation Law

TITLE....Eliminates expiration of provisions authorizing commercial application of aquatic antifouling paints by a commercial pesticide apprentice The purpose of this bill is to extend the existing authorization for the application of aquatic antifouling paints.

Aquatic Antifouling Paints (.pdf)

Chapter 336 with Approval memo15

A 9667-A Magnarelli (MS) Same as S 6668-A DEFRANCISCO

Environmental Conservation Law

Amd SS73-0101, 73-0105 & 73-0107, En Con L; amd S2, Chap 456 of 2007
Relates to the New York state canal flood mitigation task force; adds the chairman of the power authority of the state of New York as a member of such task force; establishes a citizen advisory board; authorizes the task force to solicit the view of persons who reside adjacent to the canal system or major bodies within the Oswego River basin; provides that members shall receive no compensation; authorizes the task force to contract for professional and technical assistance and advice; makes related provisions.

• Section 1 adds language to include the Oswego River Basin in the bodies of water studied by the Canal Flood Mitigation Task Force.
• Section 2 amends section 73-0105 of the environmental conservation law to include the Oswego River Basin in the bodies of water studied by the Canal Flood Mitigation Task Force as well as establish a Citizen Advisory Board for the project.

Canal flood mitigation task force (.pdf)

ESMTA Claims Victory!

Governor Signs Vessel Dealer Agreement Bill

On November 3, 2004, Governor Pataki signed S6610C Skelos/A10358A Tonko, the Vessel Dealer Agreement Bill, into law (Chapter 686 of 2004). The enactment of this important legislation is an enormous legislative victory for the members of the Empire State Marine Trades Association and the marine industry in New York State.

• Read the full bill summary