Bill Text: NY S08816 | 2021-2022 | General Assembly | Amended

---

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2022-12-09 - VETOED MEMO.99 [S08816 Detail]

Download: New_York-2021-S08816-Amended.html

---

                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.