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.
STATE OF NEW YORK
________________________________________________________________________
10188--A
R. R. 270
IN ASSEMBLY
May 5, 2022
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A.
Pheffer Amato) -- read once and referred to the Committee on Environ-
mental Conservation -- reported and referred to the Committee on Ways
and Means -- reported and referred to the Committee on Rules --
amended on the special order of third reading, ordered reprinted as
amended, retaining its place on the special 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04285-05-2
A. 10188--A 2
1 and wetlands that are adjacent to and contiguous at any point to any of
2 the navigable waters of the state and that are inundated at mean high
3 water level or tide, without a permit issued pursuant to subdivision 3
4 of this section. For the purposes of this section, fill shall include,
5 but shall not be limited to, earth, clay, silt, sand, gravel, stone,
6 rock, shale, concrete (whole or fragmentary), ashes, cinders, slag,
7 metal, dredged material or any other similar material whether or not
8 enclosed or contained by (1) crib work of wood, timber, logs, concrete
9 or metal, (2) bulkheads and cofferdams of timber sheeting, bracing and
10 piling or steel sheet piling or steel H piling, separated or in combina-
11 tion. Nothing contained in this section is intended to be, nor shall be
12 construed to limit, impair or affect the memorandum of understanding
13 which any state department enters into with the Department of Environ-
14 mental Conservation or the general powers and duties of the Department
15 of Transportation relating to canals or the general powers and duties of
16 the Department of Environmental Conservation relating to flood control.
17 3-a. [The department may only grant a permit for the filing of the
18 Jamaica Bay borrow pits if the proposed sediments and fill materials:
19 (1) have been tested and the test results are in accordance with the
20 requirements set forth in the department's technical operational guid-
21 ance series 5.1.9 for the in water management of sediment and dredge
22 material; and
23 (2) meet the department's class a criteria] In filling the Jamaica Bay
24 borrow pits the department may only grant a permit if the proposed sedi-
25 ments and fill materials meet the following criteria:
26 (1) comply with federal unrestricted ocean dumping criteria;
27 (2) have been tested and test results indicate no unacceptable toxici-
28 ty or bioaccumulation in biological test systems;
29 (3) has no potential short-term (acute) impacts or long-term (chronic)
30 impacts; and
31 (4) requires no special precautionary measures are required during
32 disposal.
33 § 3. Section 3 of chapter 288 of the laws of 2014 amending the envi-
34 ronmental conservation law relating to the filling of borrow pits in
35 Jamaica Bay, as amended by chapter 499 of the laws of 2016, is amended
36 to read as follows:
37 § 3. This act shall take effect immediately [and shall expire and be
38 deemed repealed June 30, 2022].
39 § 4. (a) The department of environmental conservation shall conduct a
40 beneficial use pilot study to determine ecological restoration needs in
41 Jamaica Bay. Such study shall include, but not be limited to:
42 (i) a description of the bathymetry of target areas of Jamaica Bay and
43 a map of the borrow pits;
44 (ii) the ecological service quality of the borrow pits over multiple
45 weather seasons at multiple depths;
46 (iii) the geotechnical conditions of all pit bottoms;
47 (iv) an analyzation of the difference between department of environ-
48 mental conservation standards and federal unrestricted ocean dumping
49 criteria; and
50 (v) any other policy recommendations regarding the ecological restora-
51 tion of Jamaica Bay.
52 (b) The department of environmental conservation shall consult with
53 affected community-based groups, including but not limited to the Jamai-
54 ca Bay Ecowatchers and the American Littoral Society, at least quarterly
55 on the scope, progress, and findings of such pilot study. Such communi-
56 ty-based groups shall have the right to consult with the department of
A. 10188--A 3
1 environmental conservation and any other individuals or groups involved
2 in conducting such study. A report with the findings of such study shall
3 be provided to all involved community-based groups, who shall have the
4 opportunity to comment on such findings. Comments on the findings of
5 such study shall be reviewed by the department of environmental conser-
6 vation and shall be addressed in writing prior to the issuance of the
7 report on the findings of such study. The department of environmental
8 conservation shall issue a report on the findings of such study to the
9 governor, the temporary president of the senate and the speaker of the
10 assembly no later than March 30, 2025.
11 § 5. This act shall take effect immediately; provided, however, that
12 paragraph 1 of subdivision 3-a of section 15-0505 of the environmental
13 conservation law, as added by section two of this act, shall expire and
14 be deemed repealed June 30, 2025.
