Hochul signs new law inspired by Lockport Cave tragedy

A year and two days ago, Harshad Shah, 65, drowned after his tour boat capsized in the dark waters of Lockport Cave.

On Friday, Gov. Kathy Hochul will sign a new law intended to stop future disasters at Lockport Cave and similar underground waterways across the state.

The law will allow the State Parks, Recreation and Historic Preservation Office to regulate commercial tourist boats in the caves. The agency will impose penalties on owners of boat tours operated without a current inspection certificate or whose tours pose an imminent threat to safety, according to a memo explaining the rationale for the legislation.

The state parks agency regulates safety on commercial boats but, until now, did not have the legal authority to inspect private cave tour boats.

Hochul proposed the bill four days after Shah, owner of two motels in Niagara Falls, drowned after a boat carrying him and 28 other passengers capsized during the Lockport Underground Boat Ride and Cave on June 12, 2023. Destination Niagara USA, Niagara County’s marketing organization, organized the tour to showcase the county’s attractions to the local hospitality industry.

Eleven other passengers, including Shah’s wife Kaminiben, were injured. The tragedy raised the question of which government entity, if any, was responsible for regulating safety on these boats.

At a news conference after the incident, Lockport city officials said the boat had not previously capsized; the News later reported that a boat overturned in 2015 without injuries. Neither city, county nor state officials have said they are responsible for regulating the attraction.

The News reported last year that in a previously unpublished report obtained through a Freedom of Information Act request, an investigator with the state Bureau of Marine Services determined the tour boat was heavy and unstable , that certain flotation devices had deteriorated and that he was carrying a load. pushing the limits of the vessel’s safety capability.

Hochul’s proposal, introduced in a bill sponsored by State Sen. Jose Serrano, a Bronx Democrat, and Assemblyman Daniel O’Donnell, a Manhattan Democrat, passed the Senate by 61 votes against 0 on May 29. It was adopted by the Assembly by 145 votes to 0 on June 4. The sponsors’ memo said that between late April and mid-July, five marine inspectors from the Office of Parks, Recreation and Historic Preservation inspected approximately 300 public vessels but were not authorized to inspect boat tours in the caves.

The memo says vessels operating in caves must be inspected for seaworthiness, safe departures, fire safety, passenger capacity and safety equipment.

In a statement, Hochul said, “Following last year’s tragic accident at the Lockport Caverns, I championed legislation to prevent future tragedies and protect boat passengers. By signing this legislation, we are ensuring that we have the oversight authority necessary to keep New Yorkers and tourists safe.”

No criminal charges have been filed following the capsize, but several passengers have filed notices of intent to sue Lockport, Niagara County and the state.