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BILL AS INTRODUCED 2007-2008

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H.632

Introduced by   Representatives Trombley of Grand Isle and Johnson of South Hero

Referred to Committee on

Date:

Subject:  Motor vehicles; conservation; water resources; vessels; prohibited acts

Statement of purpose:  This bill proposes to prohibit the use of cleansing products containing more than a trace of phosphorus on vessels operating on waters of the state.

AN ACT RELATING TO USE OF CLEANSING PRODUCTS CONTAINING PHOSPHORUS ON BOATS USING VERMONT WATERWAYS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  23 V.S.A. § 3311 is amended to read:

§ 3311.  OPERATION OF VESSELS; PROHIBITED ACTS

(a)  Careless and negligent operation.  A person shall not operate any vessel or manipulate any water skis, surfboard, or similar device in a careless or negligent manner or in any manner to endanger or jeopardize the safety, life or property of another person.

(b)  Permitting use by intoxicated person.  The owner or person in charge or in control of a vessel shall not knowingly authorize or knowingly permit it to be propelled or operated by any person who is under the influence of intoxicating liquor, narcotic drugs, or barbituates.

(c)  Distance requirements.

(1)  A person shall not operate any vessel, except a sailboard or a police or emergency vessel, within 200 feet of the shoreline, a person in the water, a canoe, rowboat or other vessel, an anchored or moored vessel containing any person, or anchorages or docks, except at a speed of less than five miles per hour which does not create a wake.

(2)  Divers.  A person shall not operate any vessel, except a nonmotorized canoe, a nonmotorized rowboat or a police or emergency vessel, within 200 feet of a divers-down flag.

(3)  Nothing herein shall prohibit rendering assistance to another person, picking up a person in the water, necessary mooring or landing, or leaving shore, or operating in any other place where obstruction, other than the shoreline, would prevent abiding by this statute.

(4)  A person shall not operate a vessel, except at speeds of less than five miles per hour, within 200 feet of a designated swimming area.

(d)  Underwater historic preserve area.  A vessel shall not be operated in an "underwater historic preserve area" except as provided in this subsection. These areas are historic and archaeological sites located on the bottomlands of the waters of the state and are designated as public recreational areas.  The division for historic preservation may designate underwater historic preserve areas and they shall be identified by a floating special purpose yellow buoy marked "State of Vermont Underwater Historic Preserve."  The following requirements shall govern the operation of vessels at the preserves:

(1)  a vessel may secure to a yellow buoy only when diving at the preserve;

(2)  only vessels 35 feet in length or less, and only those engaged in diving, may secure to a buoy;

(3)  a divers-down flag shall be displayed whenever a vessel is secured to a buoy;

(4)  on sites with multiple buoys, one vessel may be secured to each buoy;

(5)  when a vessel is secured to the buoy, all other vessels shall remain at least 200 feet from the buoy; and

(6)  anchoring is not permitted within 200 feet of the buoy.

(e)  Overloaded vessel.  A vessel shall not be loaded with passengers or cargo beyond its safe carrying capacity taking into consideration weather and other existing operating conditions.

(f)  Attempting to elude a law enforcement officer. An operator of any vessel shall bring his or her vessel to a stop and not attempt to elude a law enforcement officer when signaled to do so by the officer wearing insignia identifying him or her as such or operating a law enforcement vessel sounding a siren and displaying a flashing blue or blue and white signal lamp.  The officer may board the vessel.

(g)  Residential vessels prohibited on certain waters.  The use of vessels for residential purposes is prohibited on all lakes and ponds which are located wholly within Vermont and on which there are no boat sanitary waste pumpout facilities approved by the department of environmental conservation.  For purposes of this subsection, "residential purposes" includes but is not limited to sleeping overnight on a vessel.  Vessels operated by agencies, entities, authorities, or instrumentalities of the state, including the state colleges and the University of Vermont, shall comply with this subsection, except when law enforcement, an emergency or the performance of official duties requires otherwise.

(h)(1)  Prohibited use of phosphorus cleansing products.  No person may on a vessel operating on the waters of the state possess or use a cleansing product containing more than a trace quantity of phosphorus.

(2)  For purposes of this subsection:

(A)  "Cleansing product" means any product, including but not limited to soaps and detergents used for domestic or commercial cleaning purposes, that may be used for, the cleansing of metal, wood, fiberglass, fabric, dishes, and food utensils.  Cleansing product shall not mean food, drugs and cosmetics, including personal care items such as toothpaste, shampoo, and hand soap.

(B)  "Phosphorus" means elemental phosphorus.

(C)  "Trace quantity" means an incidental amount of phosphorus which is not part of the household cleansing product formulation, is present only as a consequence of manufacturing, and does not exceed 0.5 percent of the content of the product by weight, expressed as elemental phosphorus.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us