2023 New York Laws › NAV - Navigation › Article 12 - Oil Spill Prevention, Control, and Compensation › Part 2 - Oil Spill Cleanup and Removal; Licenses › 178-A - Responder Immunity.

§ 178-a. Responder  immunity. 1. Definitions. For the purposes of this
section only, the following terms shall have the following meanings:
(a) "response efforts" means rendering care, assistance, or advice  in
accordance  with  the  national  contingency  plan,  the state oil spill
contingency  plan,  or  at  the  direction  of  the   federal   on-scene
coordinator  or  the  commissioner  or  his  designee,  in response to a
discharge  or  threatened  discharge  of  petroleum  into  or  upon  the
navigable waters.
(b) "responsible party" and "navigable waters" shall have the meanings
set  forth  in section 1001 of the Federal Oil Pollution Act of 1990 (33
U.S.C.  2701 et seq.).
2. Notwithstanding any other provision of law, (a)  a  person  is  not
liable  for  cleanup  and  removal  costs  or  damages which result from
actions taken or omitted to be taken in good  faith  in  the  course  of
rendering  care,  assistance  or  advice  consistent  with  the national
contingency plan or  as  otherwise  directed  by  the  federal  on-scene
coordinator  or  by  the  commissioner or his designee, in response to a
discharge  or  threatened  discharge  of  petroleum  into  or  upon  the
navigable waters.
(b) A person holding a master's or a towing vessel operator's license,
the  owner,  and  operator  of  a vessel operated by such person are not
liable for cleanup and  removal  costs  or  damages  which  result  from
actions taken in good faith in the course of rendering assistance, in an
emergency situation, at the request of the owner or operator of a vessel
attempting to prevent the substantial threat of a discharge of petroleum
into  or  upon  the navigable waters; provided, however, that reasonable
efforts are made to notify  the  federal  on-scene  coordinator  or  the
commissioner or his designee prior to such assistance being rendered or,
if that is not practicable, as soon as possible thereafter.
3.  However,  the  provisions of subdivision two of this section shall
not apply to: (i) a  responsible  party,  (ii)  liability  for  personal
injury  or  wrongful  death, (iii) cleanup and removal costs and damages
resulting from such person's gross  negligence  or  willful  misconduct,
(iv)  negligence  in  the  operation  of  a  motor vehicle as defined in
section one hundred twenty-five of the vehicle and traffic law, and  (v)
any  physical  actions taken that are not in or near the area of cleanup
and removal of a discharge or threatened discharge.
4. The provisions of subdivision two of this section shall  not  apply
to  any  response  efforts undertaken by a person later than one hundred
twenty days after a discharge has been stopped. Thereafter, such  person
shall  not be strictly liable without regard to fault, but the liability
of such person for personal injury or property damage shall  be  limited
to  acts  or  omissions of the person during the course of such response
efforts  which  are  shown  to  be  the  result  of  negligence,   gross
negligence,    or    reckless,   wanton   or   intentional   misconduct.
Notwithstanding any other provision  of  law,  when  (i)  a  verdict  or
decision on a claim for injury to persons or property caused by response
efforts,  occurring  after such one hundred twenty day period has ended,
is determined in favor of the  claimant  in  an  action  involving  such
person's  response  efforts  and  any  other  person  or persons jointly
liable, and (ii) the liability of the person related  to  such  response
efforts  is  found  to  be  fifty percent or less of the total liability
assigned to all persons liable, and (iii) the liability  of  the  person
related  to  such response efforts is not based on a finding of reckless
disregard for the safety of others or of  intentional  misconduct,  then
the  liability of such person to the claimant for injury to property and
for non-economic loss relating to injury to a person  shall  not  exceed
the  equitable share of such person as determined in accordance with the

relative culpability of each person causing or contributing to the total
liability.  Provided, however, the culpable conduct of any person not  a
party  to  such  action  shall  not  be  considered  in  determining any
equitable  share  if  the  claimant  was  unable, with due diligence, to
obtain jurisdiction over such person in said action.  As  used  in  this
section,  "non-economic  loss"  includes  but is not limited to pain and
suffering, mental anguish, loss  of  consortium  or  other  damages  for
non-economic  loss.  However,  nothing  herein  shall  alter, modify, or
abrogate the liability of any person for breach of  warranty  or  to  an
employee of such person pursuant to the workers' compensation law, or to
relieve  from liability any person who is responsible for a discharge in
violation of section one hundred seventy-four of this article.
5. In addition to any other liability, a responsible  party  shall  be
liable for any cleanup and removal costs and damages that another person
is relieved of under subdivision two or four or both of this section.
6.  Nothing in this section affects (i) the obligation of a discharger
to respond immediately and to cleanup and remove a  discharge;  or  (ii)
the  liability of a discharger under other provisions of this article or
the environmental conservation law.