ALBANY – The New York State Senate has passed a bill to introduce state oversight of attractions such as the Lockport Cave and Underground Boat Ride in the wake of a fatal incident there last June.
If the bill becomes law, Lockport Cave and similar attractions that operate in private or public non-navigable underground waterways would be subject to annual vessel inspections by the state.
“With the passage of this bill, it is now clear that the department of Parks, Recreation and Historic Preservation will oversee these types of businesses and inspect these vessels to ensure patrons can safely enjoy the unique attractions New York has to offer,” Sen. Robert Ortt, R-North Tonawanda, said in a statement.
The current bill making its way through the state legislature is now in the state Assembly. It has passed both the Tourism, Parks, Arts and Sports Development and Codes committees and is on the Assembly Ways and Means Committee’s May 30 meeting agenda. Assembly member Michael Norris, R-Lockport, is a co-sponsor of that bill.
Ortt had introduced legislation in June 2023 that aimed to regulate what he said were a “handful or two” of boat-based attractions operating on manmade waterways, tunnels and lakes. In the course of state investigation, it was determined that no local, county or state agency was tasked with overseeing that type of attraction.
The senate-approved version of the bill was sponsored by Sen. Jose Serrano, D-South Bronx, chair of the Majority Conference and chair of the Committee on Cultural Affairs, Tourism, Parks & Recreation, and was co-sponsored by Ortt.
Ortt said the Serrano bill “is in alignment” with the bill he introduced last year. Gov. Kathy Hochul had similarly proposed legislation to create a process of regulating and inspecting attractions such as the Lockport Cave earlier this year.
“Over the course of this past year, I have had many conversations with the Executive’s office and my colleagues across the aisle, using no uncertain terms that ensuring proper oversight at the Lockport Cave and similar sites was among my top priorities this session so that an incident like this can be prevented in the future,” Ortt said.
On June 12, 2023, the boat that’s a key part of the Lockport Cave tour overturned inside the “cave,” an old hydraulic tunnel, and flipped all 29 riders into cold water. One passenger, 65-year-old Harshad Shah, was trapped underneath the boat and died.
Following a five-month investigation by Lockport Police Department, with assistance from federal and state authorities, Police Chief Steven Abbott said no sufficient evidence was turned up to justify any criminal charges over the incident.
According to the state Parks office, whose Vessel Incident Analyses Team was called in by LPD, floatation devices attached to the boat were “compromised” — the devices had been punctured by screws — leading the team to conclude the boat had taken on water and leaned to the right, which is the side of the boat that flipped.