Senate Bill S2149

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2149
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 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; 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. 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,

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04695-01-3
              

 S. 2149                             2
 
 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.    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) HAS NO POTENTIAL SHORT-TERM (ACUTE) IMPACTS OR LONG-TERM (CHRONIC)
 IMPACTS; AND
   (4)  REQUIRES  NO  SPECIAL  PRECAUTIONARY MEASURES ARE REQUIRED DURING
 DISPOSAL.
   § 3. (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
 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.
   § 4. 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, 2026.