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A10188 Summary:

BILL NOA10188A
 
SAME ASSAME AS S08816-A
 
SPONSORRules (Pheffer Amato)
 
COSPNSRGriffin
 
MLTSPNSR
 
Amd §15-0505, En Con L; amd §3, Chap 288 of 2014
 
Relates to the filling of borrow pits in Jamaica Bay; directs the department of environmental conservation to conduct a study on ecological restoration needs in Jamaica Bay.
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A10188 Actions:

BILL NOA10188A
 
05/05/2022referred to environmental conservation
05/09/2022reported referred to ways and means
05/11/2022reported referred to rules
05/17/2022reported
05/17/2022rules report cal.270
05/17/2022ordered to third reading rules cal.270
05/25/2022amended on third reading (t) 10188a
06/01/2022substituted by s8816a
 S08816 AMEND=A ADDABBO
 04/20/2022REFERRED TO ENVIRONMENTAL CONSERVATION
 05/16/2022COMMITTEE DISCHARGED AND COMMITTED TO RULES
 05/16/2022ORDERED TO THIRD READING CAL.1378
 05/24/2022AMENDED ON THIRD READING (T) 8816A
 05/31/2022PASSED SENATE
 05/31/2022DELIVERED TO ASSEMBLY
 05/31/2022referred to ways and means
 06/01/2022substituted for a10188a
 06/01/2022ordered to third reading rules cal.270
 06/01/2022passed assembly
 06/01/2022returned to senate
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A10188 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10188A
 
SPONSOR: Rules (Pheffer Amato
  TITLE OF BILL: 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 ecologi- cal restoration needs in Jamaica Bay; and providing for the repeal of certain provisions upon expiration thereof   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 2 alters Subdivisions 1 and 3-a of section 15-0505 of the envi- ronmental 13 conservation law, subdivision 1 as amended by chapter 233 of the laws of 14 1979 and subdivision 3-a as added by 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. Section 3 directs a beneficial Pilot Study to determine ecological restoration needs as well as compliancy of the federal unrestricted ocean dumping criteria to expire and be deemed repealed June 20, 2025   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): Stronger protections relating to the borrow pits. Utilization of the EPA Standard. Two year sunset.   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: 2020: A. 9595 - Vetoed - Veto Memo 68. 2021: A. 453 - Vetoed - Veto Memo 67.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: Shall take effect immediately.
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A10188 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10188--A
                                                                   R. R. 270
 
                   IN ASSEMBLY
 
                                       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:

     1    Section 1. Legislative intent. Due to the increase in vessel  size  in
     2  recent  years, New York State waterways such as channels, berthing areas
     3  and harbors are being excavated in a process known as dredging to  main-
     4  tain sufficient depth for safe and efficient vessel operation.
     5    Dredged  material  is  naturally  accumulated  sediment,  much  of the
     6  dredged material does  contain  some  contaminants  at  varying  concen-
     7  trations.
     8    Jamaica  Bay  was  dredged to supply soil for a number of construction
     9  projects. This process created borrow pits in the bay. These borrow pits
    10  have been identified as an attractive alternative for the  disposing  of
    11  dredge material.
    12    §  2.  Subdivisions  1 and 3-a of section 15-0505 of the environmental
    13  conservation law, subdivision 1 as amended by chapter 233 of the laws of
    14  1979 and subdivision 3-a as added by chapter 288 of the  laws  of  2014,
    15  are amended to read as follows:
    16    1.  No  person, local public corporation or interstate authority shall
    17  excavate or place fill below the mean high water level  in  any  of  the
    18  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
 
     1  and wetlands that are adjacent to and contiguous at any point to any  of
     2  the  navigable  waters  of the state and that are inundated at mean high
     3  water level or tide, without a permit issued pursuant to  subdivision  3
     4  of  this  section. For the purposes of this section, fill shall include,
     5  but shall not be limited to, earth, clay,  silt,  sand,  gravel,  stone,
     6  rock,  shale,  concrete  (whole  or  fragmentary), ashes, cinders, slag,
     7  metal, dredged material or any other similar  material  whether  or  not
     8  enclosed  or  contained by (1) crib work of wood, timber, logs, concrete
     9  or metal, (2) bulkheads and cofferdams of timber sheeting,  bracing  and
    10  piling or steel sheet piling or steel H piling, separated or in combina-
    11  tion.  Nothing contained in this section is intended to be, nor shall be
    12  construed  to  limit,  impair  or affect the memorandum of understanding
    13  which any state department enters into with the Department  of  Environ-
    14  mental  Conservation  or the general powers and duties of the Department
    15  of Transportation relating to canals or the general powers and duties of
    16  the Department of Environmental Conservation relating to flood control.
    17    3-a. [The department may only grant a permit for  the  filing  of  the
    18  Jamaica Bay borrow pits if the proposed sediments and fill materials:
    19    (1)  have  been tested and the test results are in accordance with the
    20  requirements set forth in the department's technical  operational  guid-
    21  ance  series  5.1.9  for  the in water management of sediment and dredge
    22  material; and
    23    (2) meet the department's class a criteria] In filling the Jamaica Bay
    24  borrow pits the department may only grant a permit if the proposed sedi-
    25  ments and fill materials meet the following criteria:
    26    (1) comply with federal unrestricted ocean dumping criteria;
    27    (2) have been tested and test results indicate no unacceptable toxici-
    28  ty or bioaccumulation in biological test systems;
    29    (3) has no potential short-term (acute) impacts or long-term (chronic)
    30  impacts; and
    31    (4) requires no special precautionary  measures  are  required  during
    32  disposal.
    33    §  3.  Section 3 of chapter 288 of the laws of 2014 amending the envi-
    34  ronmental conservation law relating to the filling  of  borrow  pits  in
    35  Jamaica  Bay,  as amended by chapter 499 of the laws of 2016, is amended
    36  to read as follows:
    37    § 3. This act shall take effect immediately [and shall expire  and  be
    38  deemed repealed June 30, 2022].
    39    §  4. (a) The department of environmental conservation shall conduct a
    40  beneficial use pilot study to determine ecological restoration needs  in
    41  Jamaica Bay. Such study shall include, but not be limited to:
    42    (i) a description of the bathymetry of target areas of Jamaica Bay and
    43  a map of the borrow pits;
    44    (ii)  the  ecological service quality of the borrow pits over multiple
    45  weather seasons at multiple depths;
    46    (iii) the geotechnical conditions of all pit bottoms;
    47    (iv) an analyzation of the difference between department  of  environ-
    48  mental  conservation  standards  and  federal unrestricted ocean dumping
    49  criteria; and
    50    (v) any other policy recommendations regarding the ecological restora-
    51  tion of Jamaica Bay.
    52    (b) The department of environmental conservation  shall  consult  with
    53  affected community-based groups, including but not limited to the Jamai-
    54  ca Bay Ecowatchers and the American Littoral Society, at least quarterly
    55  on  the scope, progress, and findings of such pilot study. Such communi-
    56  ty-based groups shall have the right to consult with the  department  of

        A. 10188--A                         3
 
     1  environmental  conservation and any other individuals or groups involved
     2  in conducting such study. A report with the findings of such study shall
     3  be provided to all involved community-based groups, who shall  have  the
     4  opportunity  to  comment  on  such findings. Comments on the findings of
     5  such study shall be reviewed by the department of environmental  conser-
     6  vation  and  shall  be addressed in writing prior to the issuance of the
     7  report on the findings of such study. The  department  of  environmental
     8  conservation  shall  issue a report on the findings of such study to the
     9  governor, the temporary president of the senate and the speaker  of  the
    10  assembly no later than March 30, 2025.
    11    §  5.  This act shall take effect immediately; provided, however, that
    12  paragraph 1 of subdivision 3-a of section 15-0505 of  the  environmental
    13  conservation  law, as added by section two of this act, shall expire and
    14  be deemed repealed June 30, 2025.
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