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Assembly Bill A2074A

Signed By Governor

2013-2014 Legislative Session

Relates to the filling of the Jamaica Bay borrow pits

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Archive: Last Bill Status Via S3392 - Signed by Governor

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Bill Amendments

co-Sponsors

2013-A2074 - Details

See Senate Version of this Bill:
S3392
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §15-0505, En Con L
Versions Introduced in 2011-2012 Legislative Session:
A9871, S7086

2013-A2074 - Summary

Relates to the filling of the Jamaica Bay borrow pits.

2013-A2074 - Bill Text download pdf 

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

                                  2074

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of A. GOLDFEDER, COLTON -- 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 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

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

co-Sponsors

2013-A2074A (ACTIVE) - Details

See Senate Version of this Bill:
S3392
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §15-0505, En Con L
Versions Introduced in 2011-2012 Legislative Session:
A9871, S7086

2013-A2074A (ACTIVE) - Summary

Relates to the filling of the Jamaica Bay borrow pits.

2013-A2074A (ACTIVE) - Bill Text download pdf 

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

                                 2074--A
                                                        Cal. No. 117

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of A. GOLDFEDER, COLTON -- read once and referred to
  the Committee on Environmental Conservation -- passed by Assembly  and
  delivered  to the Senate, recalled from the Senate, vote reconsidered,
  bill amended, ordered reprinted, retaining its place on 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-
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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