senate Bill S3392A

Signed by Governor

Relates to the filling of the Jamaica Bay borrow pits

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Co-Sponsors

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:
A2074A
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

Sponsor Memo

BILL NUMBER:S3392A

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to the filling of borrow pits in Jamaica Bay; and providing
for the repeal of such provisions upon expiration thereof

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 mandate that the Department of
Environmental Conservation may only grant a permit for the filling of
the Jamaica Bay borrow pits if the proposed sediments and fill
materials have been tested and are in accordance with the requirements
set forth by the Department of Environmental Conservation operational
guidelines and meets the department's class A criteria.

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 Conservation Committee.
2013 S.3392 Referred to Environmental Conservation 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--A
    Cal. No. 1068

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sens. ADDABBO, AVELLA -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Environmental
  Conservation  -- recommitted to the Committee on Environmental Conser-
  vation in accordance with Senate Rule 6, sec. 8 -- reported  favorably
  from  said  committee  and  committed  to  the Committee on Finance --
  reported favorably from said committee, ordered to  first  and  second
  report,  amended  on second report, ordered to a third reading, and to
  be reprinted as amended, 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; and providing for the repeal of
  such provisions upon expiration thereof

  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. Section 15-0505 of the environmental conservation law is  amended
by adding an new subdivision 3-a to read as follows:
  3-A.  THE  DEPARTMENT  MAY  ONLY  GRANT A PERMIT FOR THE FILING OF THE
JAMAICA BAY BORROW PITS IF THE PROPOSED SEDIMENTS AND FILL MATERIALS:
  (1) HAVE BEEN TESTED AND THE TEST RESULTS ARE IN ACCORDANCE  WITH  THE
REQUIREMENTS  SET  FORTH IN THE DEPARTMENT'S TECHNICAL OPERATIONAL GUID-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00026-02-4

S. 3392--A                          2

ANCE SERIES 5.1.9 FOR THE IN WATER MANAGEMENT  OF  SEDIMENT  AND  DREDGE
MATERIAL; AND
  (2) MEET THE DEPARTMENT'S CLASS A CRITERIA.
  S  3.  This  act shall take effect immediately and shall expire and be
deemed repealed June 30, 2017.

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