New York Senate Bill S06596 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 6596 2023-2024 Regular Sessions  IN SENATE April 28, 2023 ___________ Introduced by Sen. PERSAUD -- 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: 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. Subdivision 1 of section 15-0505 of the environmental conserva- 13 tion law, as amended by chapter 233 of the laws of 1979, is amended and 14 a new subdivision 3-a is added to read as follows: 15 1. No person, local public corporation or interstate authority shall 16 excavate or place fill below the mean high water level in any of the 17 navigable waters of the state, or in marshes, estuaries, tidal marshes 18 and wetlands that are adjacent to and contiguous at any point to any of 19 the navigable waters of the state and that are inundated at mean high 20 water level or tide, without a permit issued pursuant to subdivision 3 21 of this section. For the purposes of this section, fill shall include, 22 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. 6596 2 1 rock, shale, concrete (whole or fragmentary), ashes, cinders, slag, 2 metal, dredged material or any other similar material whether or not 3 enclosed or contained by (1) crib work of wood, timber, logs, concrete 4 or metal, (2) bulkheads and cofferdams of timber sheeting, bracing and 5 piling or steel sheet piling or steel H piling, separated or in combina- 6 tion. Nothing contained in this section is intended to be, nor shall be 7 construed to limit, impair or affect the memorandum of understanding 8 which any state department enters into with the Department of Environ- 9 mental Conservation or the general powers and duties of the Department 10 of Transportation relating to canals or the general powers and duties of 11 the Department of Environmental Conservation relating to flood control. 12 3-a. In filling the Jamaica Bay borrow pits the department may only 13 grant a permit if the proposed sediments and fill materials meet the 14 following criteria: 15 (1) comply with federal unrestricted ocean dumping criteria; 16 (2) have been tested and test results indicate no unacceptable toxici- 17 ty or bioaccumulation in biological test systems; 18 (3) has no potential short-term (acute) impacts or long-term (chronic) 19 impacts; and 20 (4) requires no special precautionary measures are required during 21 disposal. 22 § 3. (a) The department of environmental conservation shall conduct a 23 beneficial use pilot study to determine ecological restoration needs in 24 Jamaica Bay. Such study shall include, but not be limited to: 25 (i) a description of the bathymetry of target areas of Jamaica Bay and 26 a map of the borrow pits; 27 (ii) the ecological service quality of the borrow pits over multiple 28 weather seasons at multiple depths; 29 (iii) the geotechnical conditions of all pit bottoms; 30 (iv) an analyzation of the difference between department of environ- 31 mental conservation standards and federal unrestricted ocean dumping 32 criteria; and 33 (v) any other policy recommendations regarding the ecological restora- 34 tion of Jamaica Bay. 35 (b) The department of environmental conservation shall consult with 36 affected community-based groups, including but not limited to the Jamai- 37 ca Bay Ecowatchers and the American Littoral Society, at least quarterly 38 on the scope, progress, and findings of such pilot study. Such communi- 39 ty-based groups shall have the right to consult with the department of 40 environmental conservation and any other individuals or groups involved 41 in conducting such study. A report with the findings of such study shall 42 be provided to all involved community-based groups, who shall have the 43 opportunity to comment on such findings. Comments on the findings of 44 such study shall be reviewed by the department of environmental conser- 45 vation and shall be addressed in writing prior to the issuance of the 46 report on the findings of such study. The department of environmental 47 conservation shall issue a report on the findings of such study to the 48 governor, the temporary president of the senate and the speaker of the 49 assembly no later than March 30, 2025. 50 § 4. This act shall take effect immediately; provided, however, that 51 paragraph 1 of subdivision 3-a of section 15-0505 of the environmental 52 conservation law, as added by section two of this act, shall expire and 53 be deemed repealed June 30, 2026.