senate Bill S3392A

Signed By Governor
2013-2014 Legislative Session

Relates to the filling of the Jamaica Bay borrow pits

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Sponsored By

Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 11, 2014 signed chap.288
Aug 01, 2014 delivered to governor
Jun 19, 2014 returned to senate
passed assembly
ordered to third reading cal.117
substituted for a2074a
Jun 16, 2014 referred to environmental conservation
delivered to assembly
passed senate
Jun 09, 2014 advanced to third reading
amended (t) 3392a
Jun 03, 2014 2nd report cal.
Jun 02, 2014 1st report cal.1068
Mar 25, 2014 reported and committed to finance
Feb 28, 2014 notice of committee consideration - requested
Jan 08, 2014 referred to environmental conservation
Jun 04, 2013 reported and committed to finance
Feb 01, 2013 referred to environmental conservation

Votes

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Jun 2, 2014 - Finance committee Vote

S3392
33
0
committee
33
Aye
0
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Mar 25, 2014 - Environmental Conservation committee Vote

S3392
11
0
committee
11
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Mar 25, 2014

aye wr (2)

Jun 4, 2013 - Environmental Conservation committee Vote

S3392
11
0
committee
11
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Jun 4, 2013

aye wr (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S3392 - Bill Details

See Assembly Version of this Bill:
A2074A
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §15-0505, En Con L
Versions Introduced in 2011-2012 Legislative Session:
A9871A, S7086A

S3392 - Bill Texts

view summary

Relates to the filling of the Jamaica Bay borrow pits.

view 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.

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                    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.

Co-Sponsors

S3392A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A2074A
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §15-0505, En Con L
Versions Introduced in 2011-2012 Legislative Session:
A9871A, S7086A

S3392A (ACTIVE) - Bill Texts

view summary

Relates to the filling of the Jamaica Bay borrow pits.

view 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.


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                    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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