Great Lakes Winter Commerce Act of 2020

II 116TH CONGRESS 2D SESSION S. 4570 To amend title 14, United States Code, to require the Coast Guard to conduct icebreaking operations in the Great Lakes to minimize commer- cial disruption in the winter months, and for other purposes. IN THE SENATE OF THE UNITED STATES SEPTEMBER 15, 2020 Ms. BALDWIN (for herself, Mr. YOUNG, and Mr. PETERS) introduced the fol- lowing bill; which was read twice and referred to the Committee on Com- merce, Science, and Transportation A BILL To amend title 14, United States Code, to require the Coast Guard to conduct icebreaking operations in the Great Lakes to minimize commercial disruption in the winter months, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Great Lakes Winter 4 Commerce Act of 2020’’. 5 VerDate Sep 11 2014 07:21 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4570.IS S4570 kjohnson on DSK79L0C42PROD with BILLS 2 •S 4570 IS SEC. 2. GREAT LAKES ICEBREAKING OPERATIONS. 1 (a) IN GENERAL.—Subchapter IV of chapter 5 of 2 title 14, United States Code, is amended by adding at the 3 end the following: 4 ‘‘§ 564. Great Lakes icebreaking operations 5 ‘‘(a) ICEBREAKING OPERATIONS.—The Commandant 6 shall conduct icebreaking operations in the Great Lakes 7 in accordance with the standard for icebreaking operations 8 under subsection (b). 9 ‘‘(b) STANDARD FOR ICEBREAKING OPERATIONS.— 10 In carrying out subsection (a)— 11 ‘‘(1) except as provided in paragraph (2), the 12 Commandant shall keep channels and harbors in the 13 Great Lakes open to navigation not less than 90 14 percent of the hours that commercial vessels and fer- 15 ries attempt to transit ice-covered waterways; and 16 ‘‘(2) in a year in which the Great Lakes are not 17 open to navigation because of ice of a thickness that 18 occurs on average only once every 10 years, the 19 Coast Guard shall keep channels and harbors in the 20 Great Lakes open to navigation at least 70 percent 21 of the hours that commercial vessels and ferries at- 22 tempt to transit ice-covered waterways. 23 ‘‘(c) REPORT TO CONGRESS.—Not later than July 1 24 of each year, the Commandant shall submit to Congress 25 a report on the icebreaking operations conducted by the 26 VerDate Sep 11 2014 07:21 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4570.IS S4570 kjohnson on DSK79L0C42PROD with BILLS 3 •S 4570 IS Coast Guard in the Great Lakes for the most recent fiscal 1 year for which data are available. 2 ‘‘(d) COORDINATION WITH INDUSTRY.—The Com- 3 mandant shall coordinate Great Lakes icebreaking oper- 4 ations with operators of commercial vessels. 5 ‘‘(e) ICEBREAKING IN CANADA.—Except when nec- 6 essary to assist commercial vessels documented under title 7 46, United States Code, that are operating in Canadian 8 waters or for the safety of life, the Coast Guard shall 9 prioritize icebreaking in United States waters of the Great 10 Lakes over icebreaking in Canadian waters of the Great 11 Lakes. 12 ‘‘(f) DEFINITIONS.—For the purposes of this section: 13 ‘‘(1) COMMERCIAL VESSEL.—The term ‘com- 14 mercial vessel’ means any privately owned cargo ves- 15 sel of at least 500 tons operating in the Great Lakes 16 during the winter season. 17 ‘‘(2) GREAT LAKES.—The term ‘Great Lakes’ 18 has the meaning given such term in section 118 of 19 the Federal Water Pollution Control Act (33 U.S.C. 20 1268). 21 ‘‘(3) ICE-COVERED WATERWAY.—The term ‘ice- 22 covered waterway’ means any portion of the Great 23 Lakes in which commercial vessels operate that is 70 24 percent or greater covered by ice, but does not in- 25 VerDate Sep 11 2014 07:21 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4570.IS S4570 kjohnson on DSK79L0C42PROD with BILLS 4 •S 4570 IS clude any waters adjacent to piers or docks for 1 which commercial icebreaking services are available. 2 ‘‘(4) OPEN TO NAVIGATION.—The term ‘open to 3 navigation’ means navigable to the extent necessary 4 to meet the reasonable demands of commerce, mini- 5 mize delays to passenger ferries, extricate vessels 6 and persons from danger, prevent damage due to 7 flooding, and conduct other Coast Guard missions as 8 required. 9 ‘‘(5) REASONABLE DEMANDS OF COMMERCE.— 10 The term ‘reasonable demands of commerce’ means 11 the safe movement of commercial vessels transiting 12 ice-covered waterways in the Great Lakes at a speed 13 consistent with the design capability of Coast Guard 14 icebreakers operating in the Great Lakes.’’. 15 (b) CLERICAL AMENDMENT.—The table of analysis 16 for such chapter is amended by adding at the end the fol- 17 lowing: 18 ‘‘564. Great Lakes icebreaking operations.’’. (c) REPORT.—Not later than the first July 1 after 19 the first winter in which the Commandant of the Coast 20 Guard is subject to the requirements of section 564 of title 21 14, United States Code, such Commandant shall submit 22 to the Committee on Transportation and Infrastructure 23 of the House and the Committee on Commerce, Science, 24 and Transportation of the Senate, a report on the cost 25 VerDate Sep 11 2014 07:21 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4570.IS S4570 kjohnson on DSK79L0C42PROD with BILLS 5 •S 4570 IS to the Coast Guard of meeting the requirements of such 1 section. 2 Æ VerDate Sep 11 2014 07:21 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S4570.IS S4570 kjohnson on DSK79L0C42PROD with BILLS