S08816 Summary:

BILL NOS08816A
 
SAME ASSAME AS A10188-A
 
SPONSORADDABBO
 
COSPNSR
 
MLTSPNSR
 
Amd §15-0505, En Con L; amd §3, Chap 288 of 2014
 
Relates to the filling of borrow pits in Jamaica Bay; directs the department of environmental conservation to conduct a study on ecological restoration needs in Jamaica Bay.
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S08816 Actions:

BILL NOS08816A
 
04/20/2022REFERRED TO ENVIRONMENTAL CONSERVATION
05/16/2022COMMITTEE DISCHARGED AND COMMITTED TO RULES
05/16/2022ORDERED TO THIRD READING CAL.1378
05/24/2022AMENDED ON THIRD READING (T) 8816A
05/31/2022PASSED SENATE
05/31/2022DELIVERED TO ASSEMBLY
05/31/2022referred to ways and means
06/01/2022substituted for a10188a
06/01/2022ordered to third reading rules cal.270
06/01/2022passed assembly
06/01/2022returned to senate
12/06/2022DELIVERED TO GOVERNOR
12/09/2022VETOED MEMO.99
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S08816 Committee Votes:

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S08816 Floor Votes:

DATE:06/01/2022Assembly Vote  YEA/NAY: 150/0
Yes
Abbate
Yes
Chandler-Waterm
Yes
Forrest
Yes
Joyner
Yes
O'Donnell
Yes
Simon
Yes
Abinanti
Yes
Clark
Yes
Friend
Yes
Kelles
Yes
Otis
Yes
Simpson
Yes
Anderson
Yes
Colton
Yes
Frontus
Yes
Kim
Yes
Palmesano
Yes
Smith
Yes
Angelino
Yes
Conrad
Yes
Galef
Yes
Lalor
Yes
Paulin
Yes
Smullen
Yes
Ashby
Yes
Cook
Yes
Gallagher
Yes
Lavine
Yes
Peoples-Stokes
Yes
Solages
Yes
Aubry
Yes
Cruz
Yes
Gallahan
Yes
Lawler
Yes
Pheffer Amato
Yes
Steck
Yes
Barclay
Yes
Cunningham
Yes
Gandolfo
Yes
Lemondes
Yes
Pretlow
Yes
Stern
Yes
Barnwell
Yes
Cusick
Yes
Gibbs
Yes
Lucas
Yes
Quart
Yes
Stirpe
Yes
Barrett
Yes
Cymbrowitz
Yes
Giglio JA
Yes
Lunsford
Yes
Ra
Yes
Tague
Yes
Benedetto
Yes
Darling
Yes
Giglio JM
Yes
Lupardo
Yes
Rajkumar
Yes
Tannousis
Yes
Bichotte Hermel
Yes
Davila
Yes
Glick
Yes
Magnarelli
Yes
Ramos
Yes
Tapia
Yes
Blankenbush
Yes
De Los Santos
Yes
Gonzalez-Rojas
Yes
Mamdani
Yes
Reilly
Yes
Taylor
Yes
Brabenec
Yes
DeStefano
Yes
Goodell
Yes
Manktelow
Yes
Reyes
Yes
Thiele
Yes
Braunstein
Yes
Dickens
Yes
Gottfried
Yes
McDonald
Yes
Rivera J
Yes
Vanel
Yes
Bronson
Yes
Dilan
Yes
Griffin
Yes
McDonough
Yes
Rivera JD
Yes
Walczyk
Yes
Brown E
Yes
Dinowitz
Yes
Gunther
Yes
McMahon
Yes
Rosenthal D
Yes
Walker
Yes
Brown K
Yes
DiPietro
Yes
Hawley
Yes
Meeks
Yes
Rosenthal L
Yes
Wallace
Yes
Burdick
Yes
Durso
Yes
Hevesi
Yes
Mikulin
Yes
Rozic
Yes
Walsh
Yes
Burgos
Yes
Eichenstein
Yes
Hunter
Yes
Miller
Yes
Salka
Yes
Weinstein
Yes
Burke
Yes
Englebright
Yes
Hyndman
Yes
Mitaynes
Yes
Santabarbara
Yes
Weprin
Yes
Buttenschon
Yes
Epstein
Yes
Jackson
Yes
Montesano
Yes
Sayegh
Yes
Williams
Yes
Byrne
Yes
Fahy
Yes
Jacobson
Yes
Morinello
Yes
Schmitt
Yes
Woerner
Yes
Byrnes
Yes
Fall
Yes
Jean-Pierre
Yes
Niou
Yes
Seawright
Yes
Zebrowski
Yes
Cahill
Yes
Fernandez
Yes
Jensen
Yes
Nolan
Yes
Septimo
Yes
Zinerman
Yes
Carroll
Yes
Fitzpatrick
Yes
Jones
Yes
Norris
Yes
Sillitti
Yes
Mr. Speaker

‡ Indicates voting via videoconference
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S08816 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8816--A
            Cal. No. 1378
 
                    IN SENATE
 
                                     April 20, 2022
                                       ___________
 
        Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation
          -- committee discharged and said bill committed to  the  Committee  on
          Rules  --  ordered  to a third reading, amended and ordered reprinted,
          retaining its place in the order of third reading

        AN ACT to amend the environmental conservation law, in relation  to  the
          filling  of  borrow  pits  in Jamaica Bay; to amend chapter 288 of the
          laws of 2014 amending the environmental conservation law  relating  to
          the  filling  of borrow pits in Jamaica Bay, in relation to making the
          provisions of such chapter permanent; in  relation  to  directing  the
          department of environmental conservation to conduct a study on ecolog-
          ical restoration needs in Jamaica Bay; and providing for the repeal of
          certain provisions upon expiration thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative intent. Due to the increase in vessel  size  in
     2  recent  years, New York State waterways such as channels, berthing areas
     3  and harbors are being excavated in a process known as dredging to  main-
     4  tain sufficient depth for safe and efficient vessel operation.
     5    Dredged  material  is  naturally  accumulated  sediment,  much  of the
     6  dredged material does  contain  some  contaminants  at  varying  concen-
     7  trations.
     8    Jamaica  Bay  was  dredged to supply soil for a number of construction
     9  projects. This process created borrow pits in the bay. These borrow pits
    10  have been identified as an attractive alternative for the  disposing  of
    11  dredge material.
    12    §  2.  Subdivisions  1 and 3-a of section 15-0505 of the environmental
    13  conservation law, subdivision 1 as amended by chapter 233 of the laws of
    14  1979 and subdivision 3-a as added by chapter 288 of the  laws  of  2014,
    15  are amended to read as follows:
    16    1.  No  person, local public corporation or interstate authority shall
    17  excavate or place fill below the mean high water level  in  any  of  the
    18  navigable  waters  of the state, or in marshes, estuaries, tidal marshes
    19  and wetlands that are adjacent to and contiguous at any point to any  of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04285-04-2

        S. 8816--A                          2
 
     1  the  navigable  waters  of the state and that are inundated at mean high
     2  water level or tide, without a permit issued pursuant to  subdivision  3
     3  of  this  section. For the purposes of this section, fill shall include,
     4  but  shall  not  be  limited to, earth, clay, silt, sand, gravel, stone,
     5  rock, shale, concrete (whole  or  fragmentary),  ashes,  cinders,  slag,
     6  metal,  dredged  material  or  any other similar material whether or not
     7  enclosed or contained by (1) crib work of wood, timber,  logs,  concrete
     8  or  metal,  (2) bulkheads and cofferdams of timber sheeting, bracing and
     9  piling or steel sheet piling or steel H piling, separated or in combina-
    10  tion.  Nothing contained in this section is intended to be, nor shall be
    11  construed to limit, impair or affect  the  memorandum  of  understanding
    12  which  any  state department enters into with the Department of Environ-
    13  mental Conservation or the general powers and duties of  the  Department
    14  of Transportation relating to canals or the general powers and duties of
    15  the Department of Environmental Conservation relating to flood control.
    16    3-a.  [The  department  may  only grant a permit for the filing of the
    17  Jamaica Bay borrow pits if the proposed sediments and fill materials:
    18    (1) have been tested and the test results are in accordance  with  the
    19  requirements  set  forth in the department's technical operational guid-
    20  ance series 5.1.9 for the in water management  of  sediment  and  dredge
    21  material; and
    22    (2) meet the department's class a criteria] In filling the Jamaica Bay
    23  borrow pits the department may only grant a permit if the proposed sedi-
    24  ments and fill materials meet the following criteria:
    25    (1) comply with federal unrestricted ocean dumping criteria;
    26    (2) have been tested and test results indicate no unacceptable toxici-
    27  ty or bioaccumulation in biological test systems;
    28    (3) has no potential short-term (acute) impacts or long-term (chronic)
    29  impacts; and
    30    (4)  requires  no  special  precautionary measures are required during
    31  disposal.
    32    § 3. Section 3 of chapter 288 of the laws of 2014 amending  the  envi-
    33  ronmental  conservation  law  relating  to the filling of borrow pits in
    34  Jamaica Bay, as amended by chapter 499 of the laws of 2016,  is  amended
    35  to read as follows:
    36    §  3.  This act shall take effect immediately [and shall expire and be
    37  deemed repealed June 30, 2022].
    38    § 4. (a) The department of environmental conservation shall conduct  a
    39  beneficial  use pilot study to determine ecological restoration needs in
    40  Jamaica Bay. Such study shall include, but not be limited to:
    41    (i) a description of the bathymetry of target areas of Jamaica Bay and
    42  a map of the borrow pits;
    43    (ii) the ecological service quality of the borrow pits  over  multiple
    44  weather seasons at multiple depths;
    45    (iii) the geotechnical conditions of all pit bottoms;
    46    (iv)  an  analyzation of the difference between department of environ-
    47  mental conservation standards and  federal  unrestricted  ocean  dumping
    48  criteria; and
    49    (v) any other policy recommendations regarding the ecological restora-
    50  tion of Jamaica Bay.
    51    (b)  The  department  of environmental conservation shall consult with
    52  affected community-based groups, including but not limited to the Jamai-
    53  ca Bay Ecowatchers and the American Littoral Society, at least quarterly
    54  on the scope, progress, and findings of such pilot study. Such  communi-
    55  ty-based  groups  shall have the right to consult with the department of
    56  environmental conservation and any other individuals or groups  involved

        S. 8816--A                          3
 
     1  in conducting such study. A report with the findings of such study shall
     2  be  provided  to all involved community-based groups, who shall have the
     3  opportunity to comment on such findings. Comments  on  the  findings  of
     4  such  study shall be reviewed by the department of environmental conser-
     5  vation and shall be addressed in writing prior to the  issuance  of  the
     6  report  on  the  findings of such study. The department of environmental
     7  conservation shall issue a report on the findings of such study  to  the
     8  governor,  the  temporary president of the senate and the speaker of the
     9  assembly no later than March 30, 2025.
    10    § 5. This act shall take effect immediately; provided,  however,  that
    11  paragraph  1  of subdivision 3-a of section 15-0505 of the environmental
    12  conservation law, as added by section two of this act, shall expire  and
    13  be deemed repealed June 30, 2025.
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