The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10188--A
                                                            R. R. 270
 
                           I N  A S S E M B L Y
 
                                May 5, 2022
                                ___________
 
 Introduced   by   COMMITTEE  ON  RULES  --  (at  request  of  M.  of  A.
   Pheffer Amato) -- read once and referred to the Committee on  Environ-
   mental  Conservation -- reported and referred to the Committee on Ways
   and Means -- reported and  referred  to  the  Committee  on  Rules  --
   amended  on  the  special order of third reading, ordered reprinted as
   amended, retaining its place on the special 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD04285-05-2
 A. 10188--A                         2
 
 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
 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
 A. 10188--A                         3
 
 environmental  conservation and any other individuals or groups involved
 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.