S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8816--A
     Cal. No. 1378
 
                             I N  S E N A T E
 
                              April 20, 2022
                                ___________
 
 Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- committee discharged and said bill committed to  the  Committee  on
   Rules  --  ordered  to a third reading, amended and ordered reprinted,
   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; 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; in  relation  to  directing  the
   department of environmental conservation to conduct a study on ecolog-
   ical restoration needs in Jamaica Bay; and providing for the repeal of
   certain 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.
   §  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04285-04-2
 S. 8816--A                          2
 
 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
 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. (a) The department of environmental conservation shall conduct  a
 beneficial  use pilot study to determine ecological restoration needs in
 Jamaica Bay. Such study shall include, but not be limited to:
   (i) a description of the bathymetry of target areas of Jamaica Bay and
 a map of the borrow pits;
   (ii) the ecological service quality of the borrow pits  over  multiple
 weather seasons at multiple depths;
   (iii) the geotechnical conditions of all pit bottoms;
   (iv)  an  analyzation of the difference between department of environ-
 mental conservation standards and  federal  unrestricted  ocean  dumping
 criteria; and
   (v) any other policy recommendations regarding the ecological restora-
 tion of Jamaica Bay.
   (b)  The  department  of environmental conservation shall consult with
 affected community-based groups, including but not limited to the Jamai-
 ca Bay Ecowatchers and the American Littoral Society, at least quarterly
 on the scope, progress, and findings of such pilot study. Such  communi-
 ty-based  groups  shall have the right to consult with the department of
 environmental conservation and any other individuals or groups  involved
 S. 8816--A                          3
 
 in conducting such study. A report with the findings of such study shall
 be  provided  to all involved community-based groups, who shall have the
 opportunity to comment on such findings. Comments  on  the  findings  of
 such  study shall be reviewed by the department of environmental conser-
 vation and shall be addressed in writing prior to the  issuance  of  the
 report  on  the  findings of such study. The department of environmental
 conservation shall issue a report on the findings of such study  to  the
 governor,  the  temporary president of the senate and the speaker of the
 assembly no later than March 30, 2025.
   § 5. This act shall take effect immediately; provided,  however,  that
 paragraph  1  of subdivision 3-a of section 15-0505 of the environmental
 conservation law, as added by section two of this act, shall expire  and
 be deemed repealed June 30, 2025.