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Empire State Marine |
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Many marine businesses in New York State may be concerned about a letter recently sent out from the NYS Department of Environmental Conservation regarding aquatic antifouling paints. The letter provides DEC's interpretation of a law passed in 2006, which the ESMTA supported, that among other things establishes a new category of pesticide applicator (Aquatic Antifouling Paint Applicator). This new category will make it easier for marinas to comply with the pesticide applicator laws and regulations.
The issue that is most troubling is DEC's position that after January 22, apprentices will be unable to apply aquatic antifouling paints. The ESMTA and the bill's sponsors do not agree with this interpretation, as apprentices are a creation of DEC regulation and the law does nothing to repeal or limit DEC's authority in this regard.
Consequently, ESMTA and DEC entered into negotiations to amend the law passed last year. While the Department maintains its position concerning current law, it supports language in Senate bill 699 which will clarify that apprentices can apply boat paints and goes further in allowing for technician supervision of apprentices under certain circumstances.
The bill has been introduced by Senator Carl Marcellino and will be on the next Senate Environmental Committee Agenda; it is expected to pass the Senate shortly thereafter. Assemblyman DiNapoli is expected to introduce the bill in the Assembly in coming days. With DEC support, the Governor should sign it. The effective date of the new law would be changed to June 1 and apprentices would be able to paint boats immediately upon the bill being signed into law—well ahead of the boat painting season.
The ESMTA will continue to keep members apprised as this issue develops.
1/18/07
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