senate Bill S3392

Signed by Governor Amended

Relates to the filling of the Jamaica Bay borrow pits

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Sponsor

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 01 / Feb / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 04 / Jun / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 28 / Feb / 2014
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 25 / Mar / 2014
    • REPORTED AND COMMITTED TO FINANCE
  • 02 / Jun / 2014
    • 1ST REPORT CAL.1068
  • 03 / Jun / 2014
    • 2ND REPORT CAL.
  • 09 / Jun / 2014
    • AMENDED (T) 3392A
  • 09 / Jun / 2014
    • ADVANCED TO THIRD READING
  • 16 / Jun / 2014
    • PASSED SENATE
  • 16 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 16 / Jun / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 19 / Jun / 2014
    • SUBSTITUTED FOR A2074A
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING CAL.117
  • 19 / Jun / 2014
    • PASSED ASSEMBLY
  • 19 / Jun / 2014
    • RETURNED TO SENATE
  • 01 / Aug / 2014
    • DELIVERED TO GOVERNOR
  • 11 / Aug / 2014
    • SIGNED CHAP.288

Summary

Relates to the filling of the Jamaica Bay borrow pits.

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Bill Details

See Assembly Version of this Bill:
A2074
Versions:
S3392
S3392A
Legislative Cycle:
2013-2014
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง15-0505, En Con L
Versions Introduced in 2011-2012 Legislative Cycle:
A9871A, S7086A, A9841A, A9871A

Votes

11
0
11
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Environmental Conservation committee vote details

Sponsor Memo

BILL NUMBER:S3392

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to the filling of borrow pits in Jamaica Bay

PURPOSE: This bill seeks to prohibit the use of certain materials for
the purposes of filling pits in the Jamaica Bay.

SUMMARY OF PROVISIONS:

Section 1: Outlines in detail the specific process of dredging and
explains what the three categories of sediment. are as defined by the
United States EPA. This act would prohibit the NYS DEC from authorizing
the us Army corps of Engineers or any other organization from using
materials from categories 2 and 3.

Section 2: Will amend Chapter 233 of 1979 subdivision 1 of section
15-0505 and add subdivision 3-a to prohibit local public corporations or
interstate authority from excavating or placing fill below the mean high
water level in any of the navigable waters of the state, this section
then goes on to define exactly what will constitute as acceptable "fill"
or dredged material. This subdivision also prohibits the NYS DEC from
filling in the Jamaica Bay borrow bits with anything from section 2-3.
Section 3: Sets the enacting date.

EXISTING LAW: Chapter 233 of 1979.

JUSTIFICATION: Due to the increase in vessel size, New York State
waterways such as channels and harbors are. being excavated to maintain
sufficient depth for safe and efficient vessel operations. This process
is called "dredging" and it is done by the US Army Corps of Engineers.
This material is naturally accumulated sediments; however, due to run
off even this sediment gets contaminated. What this bill seeks to do is
prohibit the NYS DEC from authorizing the US Army Corps of Engineers or
any other organization from using hazardous materials in the filling of
the Jamaica Bay borrow pits.

LEGISLATIVE HISTORY: 2012 S.7086A Referred to Environmental Conserva-
tion Committee

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3392

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed 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

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent. Due to the increase in vessel  size  in
recent  years, New York State waterways such as channels, berthing areas
and harbors are being excavated in a process known as dredging to  main-
tain sufficient depth for safe and efficient vessel operation.
  Dredged  material  is  naturally  accumulated  sediment,  much  of the
dredged material does  contain  some  contaminants  at  varying  concen-
trations.
  Jamaica  Bay  was  dredged to supply soil for a number of construction
projects. This process created borrow pits in the  bay.    These  borrow
pits have been identified as an attractive alternative for the disposing
of dredge material.
  S  2.  Subdivision 1 of section 15-0505 of the environmental conserva-
tion law, as amended by chapter 233 of the laws of 1979, is amended  and
a new subdivision 3-a is added to read as follows:
  1.  No  person, local public corporation or interstate authority shall
excavate or place fill below the mean high water level  in  any  of  the
navigable  waters  of the state, or in marshes, estuaries, tidal marshes
and wetlands that are adjacent to and contiguous at any point to any  of
the  navigable  waters  of the state and that are inundated at mean high
water level or tide, without a permit issued pursuant to  subdivision  3
of  this  section. For the purposes of this section, fill shall include,
but shall not be limited to, earth, clay,  silt,  sand,  gravel,  stone,
rock,  shale,  concrete  (whole  or  fragmentary), ashes, cinders, slag,
metal, DREDGED MATERIAL or any other similar  material  whether  or  not
enclosed  or  contained by (1) crib work of wood, timber, logs, concrete

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00026-01-3

S. 3392                             2

or metal, (2) bulkheads and cofferdams of timber sheeting,  bracing  and
piling or steel sheet piling or steel H piling, separated or in combina-
tion.  Nothing contained in this section is intended to be, nor shall be
construed  to  limit,  impair  or affect the memorandum of understanding
which any state department enters into with the Department  of  Environ-
mental  Conservation  or the general powers and duties of the Department
of Transportation relating to canals or the general powers and duties of
the Department of Environmental Conservation relating to flood control.
  3-A. IN FILLING THE JAMAICA BAY BORROW PITS THE  DEPARTMENT  MAY  ONLY
GRANT  A  PERMIT  IF  THE PROPOSED SEDIMENTS AND FILL MATERIALS MEET THE
FOLLOWING CRITERIA:
  (1) COMPLY WITH FEDERAL UNRESTRICTED OCEAN DUMPING CRITERIA;
  (2) HAVE BEEN TESTED AND TEST RESULTS INDICATE NO UNACCEPTABLE TOXICI-
TY OR BIOACCUMULATION IN BIOLOGICAL TEST SYSTEMS;
  (3) HAVE NO POTENTIAL SHORT-TERM (ACUTE) IMPACTS OR LONG-TERM  (CHRON-
IC) IMPACTS; AND
  (4)  REQUIRE  NO  SPECIAL  PRECAUTIONARY  MEASURES ARE REQUIRED DURING
DISPOSAL.
  S 3. This act shall take effect immediately.

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