New York State Assembly

 
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A02825 Summary:

A02825 Actions:

A02825 Committee Votes:

Committee:ENVIRONMENTAL CONSERVATION   Chair:Glick      
DATE:05/16/2023AYE/NAY:29/0  Action: Favorable refer to committee Ways and Means        
Glick
Aye
Simpson
Aye
Colton
Aye
Smullen
Aye
O'Donnell
Aye
Tague
Aye
Gunther
Aye
Manktelow
Aye
Thiele
Aye
Brown
Aye
Fahy
Aye
Durso
Aye
Otis
Aye
Lemondes
Aye
Williams
Aye
Giglio
Aye
Barrett
Aye
Flood
Aye
Carroll
Aye
Burke
Excused
Epstein
Aye
McMahon
Aye
Burdick
Aye
Lunsford
Aye
Kelles
Aye
Gonzalez-Rojas
Aye
Septimo
Aye
Lee
Aye
Levenberg
Aye
Simone
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:05/17/2023AYE/NAY:34/0  Action: Favorable refer to committee Rules        
Weinstein
Aye
Ra
Aye
Glick
Aye
Fitzpatrick
Aye
Pretlow
Aye
Hawley
Aye
Colton
Aye
Blankenbush
Aye
Cook
Aye
Norris
Aye
Aubry
Aye
Brabenec
Aye
Benedetto
Aye
Palmesano
Aye
Weprin
Aye
Walsh
Aye
Ramos
Aye
DeStefano
Aye
Braunstein
Aye
Manktelow
Aye
McDonald
Aye
Smullen
Aye
Rozic
Aye
Dinowitz
Aye
Joyner
Aye
Magnarelli
Aye
Zebrowski
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye
Walker
Excused
Bichotte Hermel
Aye
Simon
Aye
Cruz
Aye

Committee:RULES   Chair:Pretlow      
DATE:05/22/2023AYE/NAY:27/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Weinstein
Aye
Hawley
Excused
Pretlow
Aye
Giglio
Aye
Cook
Aye
Blankenbush
Aye
Glick
Excused
Norris
Aye
Aubry
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Aye
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye
Hyndman
Excused
Rozic
Aye
Bronson
Aye

A02825 Floor Votes:

A02825 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2825
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 27, 2023
                                       ___________
 
        Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
          Committee on Environmental Conservation
 
        AN ACT to amend the environmental conservation law, in relation  to  the
          filling  of  borrow  pits in Jamaica Bay; 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. Subdivision 1 of section 15-0505 of the  environmental  conserva-
    13  tion  law, as amended by chapter 233 of the laws of 1979, is amended and
    14  a new subdivision 3-a is added to read as follows:
    15    1. No person, local public corporation or interstate  authority  shall
    16  excavate  or  place  fill  below the mean high water level in any of the
    17  navigable waters of the state, or in marshes, estuaries,  tidal  marshes
    18  and  wetlands that are adjacent to and contiguous at any point to any of
    19  the navigable waters of the state and that are inundated  at  mean  high
    20  water  level  or tide, without a permit issued pursuant to subdivision 3
    21  of this section. For the purposes of this section, fill  shall  include,
    22  but  shall  not  be  limited to, earth, clay, silt, sand, gravel, stone,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04695-01-3
        A. 2825                             2
 
     1  rock, shale, concrete (whole  or  fragmentary),  ashes,  cinders,  slag,
     2  metal,  dredged  material  or  any other similar material whether or not
     3  enclosed or contained by (1) crib work of wood, timber,  logs,  concrete
     4  or  metal,  (2) bulkheads and cofferdams of timber sheeting, bracing and
     5  piling or steel sheet piling or steel H piling, separated or in combina-
     6  tion.  Nothing contained in this section is intended to be, nor shall be
     7  construed to limit, impair or affect  the  memorandum  of  understanding
     8  which  any  state department enters into with the Department of Environ-
     9  mental Conservation or the general powers and duties of  the  Department
    10  of Transportation relating to canals or the general powers and duties of
    11  the Department of Environmental Conservation relating to flood control.
    12    3-a.    In filling the Jamaica Bay borrow pits the department may only
    13  grant a permit if the proposed sediments and  fill  materials  meet  the
    14  following criteria:
    15    (1) comply with federal unrestricted ocean dumping criteria;
    16    (2) have been tested and test results indicate no unacceptable toxici-
    17  ty or bioaccumulation in biological test systems;
    18    (3) has no potential short-term (acute) impacts or long-term (chronic)
    19  impacts; and
    20    (4)  requires  no  special  precautionary measures are required during
    21  disposal.
    22    § 3. (a) The department of environmental conservation shall conduct  a
    23  beneficial  use pilot study to determine ecological restoration needs in
    24  Jamaica Bay. Such study shall include, but not be limited to:
    25    (i) a description of the bathymetry of target areas of Jamaica Bay and
    26  a map of the borrow pits;
    27    (ii) the ecological service quality of the borrow pits  over  multiple
    28  weather seasons at multiple depths;
    29    (iii) the geotechnical conditions of all pit bottoms;
    30    (iv)  an  analyzation of the difference between department of environ-
    31  mental conservation standards and  federal  unrestricted  ocean  dumping
    32  criteria; and
    33    (v) any other policy recommendations regarding the ecological restora-
    34  tion of Jamaica Bay.
    35    (b)  The  department  of environmental conservation shall consult with
    36  affected community-based groups, including but not limited to the Jamai-
    37  ca Bay Ecowatchers and the American Littoral Society, at least quarterly
    38  on the scope, progress, and findings of such pilot study. Such  communi-
    39  ty-based  groups  shall have the right to consult with the department of
    40  environmental conservation and any other individuals or groups  involved
    41  in conducting such study. A report with the findings of such study shall
    42  be  provided  to all involved community-based groups, who shall have the
    43  opportunity to comment on such findings. Comments  on  the  findings  of
    44  such  study shall be reviewed by the department of environmental conser-
    45  vation and shall be addressed in writing prior to the  issuance  of  the
    46  report  on  the  findings of such study. The department of environmental
    47  conservation shall issue a report on the findings of such study  to  the
    48  governor,  the  temporary president of the senate and the speaker of the
    49  assembly no later than March 30, 2025.
    50    § 4. This act shall take effect immediately; provided,  however,  that
    51  paragraph  1  of subdivision 3-a of section 15-0505 of the environmental
    52  conservation law, as added by section two of this act, shall expire  and
    53  be deemed repealed June 30, 2026.