File #: Int 1050-2023    Version: * Name: Requiring the use of shore power by cruise terminal operators and community traffic mitigation plans in neighborhoods impacted by cruise ships at berth.
Type: Introduction Status: Filed (End of Session)
Committee: Committee on Economic Development
On agenda: 5/25/2023
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to requiring the use of shore power by cruise terminal operators and community traffic mitigation plans in neighborhoods impacted by cruise ships at berth
Sponsors: Alexa Avilés, Erik D. Bottcher, Amanda Farías, Lincoln Restler, Kevin C. Riley, Farah N. Louis, Chi A. Ossé, Sandy Nurse, Shahana K. Hanif, Marjorie Velázquez, Christopher Marte, Jennifer Gutiérrez, Tiffany Cabán, Shekar Krishnan, Pierina Ana Sanchez, James F. Gennaro, Rita C. Joseph, Oswald Feliz, Kristin Richardson Jordan, Lynn C. Schulman, (in conjunction with the Brooklyn Borough Presiden
Council Member Sponsors: 20
Summary: This bill would alter the terms of the contract between the city and NYCEDC (“EDC”) by requiring EDC to condition access to cruise terminals to exclusively cruise operators that agree to connect to a terminal’s shore power system when vessels are at berth. This bill would also require EDC to condition a cruise operator’s contract with the city’s cruise terminals upon provision of a community traffic mitigation plan prior to allowing access. These community traffic mitigation plans would outline measures to reduce the traffic, noise, and pollution caused by increased activity at cruise terminals.
Indexes: Agency Rule-making Required
Attachments: 1. Summary of Int. No. 1050, 2. Int. No. 1050, 3. May 25, 2023 - Stated Meeting Agenda, 4. Hearing Transcript - Stated Meeting 5-25-23, 5. Minutes of the Stated Meeting - May 25, 2023

Int. No. 1050

 

By Council Members Avilés, Bottcher, Farías, Restler, Riley, Louis, Ossé, Nurse, Hanif, Velázquez, Marte, Gutiérrez, Cabán, Krishnan, Sanchez, Gennaro, Joseph, Feliz, Richardson Jordan and Schulman (in conjunction with the Brooklyn Borough President)

 

A Local Law to amend the administrative code of the city of New York, in relation to requiring the use of shore power by cruise terminal operators and community traffic mitigation plans in neighborhoods impacted by cruise ships at berth

 

Be it enacted by the Council as follows:

     

Section 1. Section 22-821 of the administrative code of the city of New York is amended by adding new definitions of “community traffic mitigation plan,” “cruise terminal,” “cruise terminal operator,” “cruise operator” and “shore power” in alphabetical order to read as follows:

Community traffic mitigation plan. The term "community traffic mitigation plan" means a plan that outlines measures to reduce traffic, vehicular noise, vehicular pollution, and other disruptions caused by cruise passenger disembarkation in the neighborhoods surrounding cruise terminals.

Cruise terminal. The term “cruise terminal” means an area of a port designated for the loading and unloading of cruise ships or other pleasure vessels, including the Brooklyn Cruise Terminal and Manhattan Cruise Terminal.

Cruise terminal operator. The term “cruise terminal operator” means an entity that enters into an agreement with a contracted entity and is responsible for vessel berthing and stevedoring, maintenance, parking, security, billing, and any additional operations at cruise terminals.

Cruise operator. The term “cruise operator” means a company that operates vessels which have a capacity of over 2,000 passengers and are primarily used for recreational and vacation purposes.

Shore power. The term “shore power” means the shore-side supply of electric power that a vessel at berth can access, which allows the vessel to shut down its engines and use electricity from the local power grid instead.

§ 2. Subchapter 2 of chapter 8 of title 22 of the administrative code of the city of New York is amended by adding a new section 22-827 to read as follows:

§ 22-827 Shore power required for cruise terminal contracts.

a. In each covered contract with a contracted entity executed on or after the effective date of this section, the commissioner shall require that any contracted entity, or any cruise terminal operator, only grant access to cruise terminals to cruise operators that have agreed to connect to the terminal’s shore power system while their vessels are at berth, provided shore power is available and practicable at such terminal.

b. Any contracted entity in contract with a cruise terminal operator shall be responsible for monitoring such cruise terminal operator’s compliance with the requirements set forth in subdivision a of this section and for enforcing any penalties for noncompliance as set forth in the applicable contract.

c. The provisions of this section shall not apply if the use of shore power is not feasible due to technical limitations or safety concerns, as determined by the cruise terminal operator and approved by the contracted entity.

§ 3. Subchapter 2 of chapter 8 of title 22 of the administrative code of the city of New York is amended by adding a new section 22-828 to read as follows:

§ 22-828 Community traffic mitigation plans required for cruise terminal contracts.

In each covered contract with a contracted entity executed on or after the effective date of this section, the commissioner shall require that any contracted entity, prior to entering into any agreement with cruise operators for access to cruise terminals, shall deliver to the mayor and speaker of the council and post on the website of such contracted entity, or, if no such website is maintained, the commissioner shall post on the department’s website, a community traffic mitigation plan.

§4. This local law takes effect immediately.

 

Session 12

ARP/JC

LS #11929

4/12/23