S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2590
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced  by  M.  of A. COLTON -- Multi-Sponsored by -- M. of A. COOK,
   GLICK -- 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 Gravesend 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.
   Gravesend  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.
   §  2. Section 15-0505 of the environmental conservation law is amended
 by adding a new subdivision 3-b to read as follows:
   3-B. IN FILLING THE GRAVESEND 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) HAS NO POTENTIAL SHORT-TERM, OR ACUTE, IMPACTS  OR  LONG-TERM,  OR
 CHRONIC, IMPACTS; AND
   (4)  REQUIRES  NO  SPECIAL  PRECAUTIONARY MEASURES ARE REQUIRED DURING
 DISPOSAL.
   § 3. This act shall take effect immediately and shall  expire  and  be
 deemed repealed June 30, 2028.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00892-01-3