NY State Senate Bill S7295

Archive: Last Bill Status - Vetoed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Vetoed by Governor

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Actions

view actions (11)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 27, 2020	vetoed memo.68
Nov 18, 2020	delivered to governor
Jun 09, 2020	returned to senate passed assembly ordered to third reading rules cal.87 substituted for a9595 referred to ways and means delivered to assembly passed senate
Jun 08, 2020	ordered to third reading cal.705
Jan 16, 2020	referred to environmental conservation

Votes

S7295 (ACTIVE) - Details

See Assembly Version of this Bill:: A9595
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §15-0505, En Con L; amd §3, Chap 288 of 2014
Versions Introduced in Other Legislative Sessions:: 2021-2022: S2205, S8816, A453
2023-2024: S2149

S7295 (ACTIVE) - Summary

Relates to the filling of borrow pits in Jamaica Bay.

S7295 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S7295

SPONSOR: ADDABBO
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to the
filling of borrow pits in Jamaica Bay; and to amend chapter 288 of the
laws of 2014 amending the environmental conservation law relating to the
filling of borrow pits in Jamaica Bay, in relation to making the
provisions of such chapter permanent

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to extend permanently, requirements to
continue protection of Jamaica Bay. This will strengthen protection of
the Jamaica Bay waters making it safer for current and all future gener-
ations.

 
SUMMARY OF PROVISIONS:

Section 1 alters Section 3 of chapter 288 of the laws of 2014 amending

the environmental conservation law relating to the filling out of borrow
pits in Jamaica Bay, as amended by chapter 499 of the laws of 2016 . The
amendment removes the June 30th, 2022 deadline to make the law a perma-
nent. measure. Amending the environmental conservation law to include
additional conditions relating to filling the borrow pits.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

Stronger protections relating to the borrow pits.

 
JUSTIFICATION:

Prior to 2016, the dredging materials used to fill in borrow pits in
Jamaica Bay posed a threat to the local community and ecosystem. In
2016, a bill was chaptered into law (chapter 499 of 2016) correcting the
longstanding problem of the use of sub-quality dredging material to fill
in the borrow pits. However, this law is set to expire and be repealed
on June 30, 2022. This bill will revise the fill requirements to make
them more protective and better regulate the responsibility of the US

Army Corps of Engineers indefinitely for regulating the types of materi-
als that can be used in the dredging process, allowing Jamaica Bay
protections to be kept as having an equal status to the protections
granted to federal waters.

 
PRIOR LEGISLATIVE HISTORY:

S. 4165A / A. 5767A - Veto memo 248

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
Shall take effect immediately.

S7295 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7295
 
                             I N  S E N A T E
 
                             January 16, 2020
                                ___________
 
 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; and to amend chapter 288 of the
   laws  of  2014 amending the environmental conservation law relating to
   the filling of borrow pits in Jamaica Bay, in relation to  making  the
   provisions of such chapter permanent
 
   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.
   §  2.  Subdivisions  1 and 3-a of section 15-0505 of the environmental
 conservation law, subdivision 1 as amended by chapter 233 of the laws of
 1979 and subdivision 3-a as added by chapter 288 of the  laws  of  2014,
 are amended 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.
                                                            LBD09819-04-0

 S. 7295                             2
 
 enclosed  or  contained by (1) crib work of wood, timber, logs, concrete
 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. [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] IN FILLING THE JAMAICA BAY
 BORROW PITS THE DEPARTMENT MAY ONLY GRANT A PERMIT IF THE PROPOSED SEDI-
 MENTS 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 (ACUTE) IMPACTS OR LONG-TERM (CHRONIC)
 IMPACTS; AND
   (4) REQUIRES NO SPECIAL PRECAUTIONARY  MEASURES  ARE  REQUIRED  DURING
 DISPOSAL.
   §  3.  Section 3 of chapter 288 of the laws of 2014 amending the envi-
 ronmental conservation law relating to the filling  of  borrow  pits  in
 Jamaica  Bay,  as amended by chapter 499 of the laws of 2016, is amended
 to read as follows:
   § 3. This act shall take effect immediately [and shall expire  and  be
 deemed repealed June 30, 2022].
   § 4. This act shall take effect immediately.

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The New York State Senate

senate Bill S7295

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Archive: Last Bill Status - Vetoed by Governor

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Votes

Jun 9, 2020 - floor Vote

Floor Vote: Jun 9, 2020

May 28, 2020 - Rules committee Vote

Rules Committee Vote: May 28, 2020

S7295 (ACTIVE) - Details

S7295 (ACTIVE) - Summary

S7295 (ACTIVE) - Sponsor Memo

S7295 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S7295

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Sponsored By

Joseph P. Addabbo Jr

Archive: Last Bill Status - Vetoed by Governor

Your Voice

Actions

Votes

Jun 9, 2020 - floor Vote

Floor Vote: Jun 9, 2020

May 28, 2020 - Rules committee Vote

Rules Committee Vote: May 28, 2020

S7295 (ACTIVE) - Details

S7295 (ACTIVE) - Summary

S7295 (ACTIVE) - Sponsor Memo

S7295 (ACTIVE) - Bill Text download pdf

Comments