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S07384 Summary:

Add 15-0506, En Con L
Requires that regular dredging of navigable waterways is scheduled in order to plan and finance to ensure the safe navigability and reliability of waterways in this state; requires a scheduled plan to be filed with DEC.
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S07384 Actions:

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S07384 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                    IN SENATE
                                   September 17, 2021
        Introduced  by  Sen.  WEIK  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        AN ACT to amend the environmental conservation law, in relation to sche-
          duled dredging of navigable waters
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. This act may be referred to as the "Desludging Requirements
     2  for Every Designated Geographic Environment Act" or the "DREDGE Act".
     3    §  2.  Legislative intent. The legislature finds and declares that the
     4  maintenance of our navigable waterways is critical  for  public  safety,
     5  the  environment,  and  the  economy.    Most experts agree that regular
     6  dredging of navigable waterways ensures that each of these  metrics  are
     7  maintained. The legislature further finds that, on average, most naviga-
     8  ble  waterways  should  be dredged every eight years, but without proper
     9  planning at the federal, state and local level, those years can  quickly
    10  come  up  without  the  funding,  resources, or a schedule in place. For
    11  example, the Browns River in the Town of Islip has not been  dredged  in
    12  nearly  17  years--more than double the recommended time dredging should
    13  take place. This legislation is necessary to ensure that regular  dredg-
    14  ing  is  planned  and financed to ensure the safe navigability and reli-
    15  ability of our pristine waterways.
    16    § 3. The environmental conservation law is amended  by  adding  a  new
    17  section 15-0506 to read as follows:
    18  § 15-0506. Regularly  scheduled  dredging  of  navigable  waters  in the
    19               state.
    20    1. The state and each municipality that has a navigable waterway with-
    21  in its jurisdictional control and maintenance shall develop  a  schedule
    22  for  regular  dredging  of  such  waterway  that shall be filed with the
    23  department. Such schedule shall be updated at least annually  and  shall
    24  be made available on the department's website.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 7384                             2
     1    2.  If  a  waterway  is  under  the  control of more than one level of
     2  government, or requires more  than  one  level  of  government  to  work
     3  together  to  dredge  the waterway, the respective levels of governments
     4  and/or municipalities shall enter into an agreement as to each level  of
     5  government  and/or  municipality's  respective  responsibilities  and an
     6  agreed upon schedule for dredging the waterway.  Such schedule shall  be
     7  updated  at  least  annually  and shall be made available on the depart-
     8  ment's website.
     9    3. If the waterway is a  federal  waterway  that  requires  the  state
    10  and/or local municipalities to undertake preliminary or concurrent work,
    11  including  but  not  limited to, having an available spoil site, for the
    12  federal government to begin or complete its work, the state and/or local
    13  municipalities shall develop a schedule to complete such work.  If  more
    14  than  one  level  of  government is required to undertake such work, the
    15  respective levels of governments and/or municipalities shall enter  into
    16  an  agreement  as  to  each  level  of  government and/or municipality's
    17  respective responsibilities and an agreed upon schedule to do the  work.
    18  Such  schedule  shall  be  updated  at  least annually and shall be made
    19  available on the department's website.
    20    4. Nothing contained in this section shall impair, impede,  or  super-
    21  sede  any  emergency  work  in  such  navigable  waterway  that  must be
    22  completed outside of the schedule filed with the department.
    23    § 4. This act shall take effect immediately.
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