S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10346
 
                           I N  A S S E M B L Y
 
                               May 13, 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
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   prohibiting the filling of borrow pits in Jamaica Bay; and  to  repeal
   subdivision  3-a  of section 15-0505 of the environmental conservation
   law relating to the granting of permits for the filling of Jamaica Bay
   borrow pits
 
   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.
   Over the years local stakeholders, environmentalists and  the  fishing
 community  have  noted  that  while  the borrow pits were man-made and a
 byproduct of former construction/dredging projects, they  have  contrib-
 uted  immensely to the health of the water quality of Jamaica Bay. It is
 currently recognized that we have the cleanest water quality in over one
 hundred years, tremendous fish populations and even the return of  large
 marine  mammals  such  as seals, dolphins and even the occasional whale.
 These groups identify the dredged areas of the bay referred to as borrow
 pits as one of the key reasons for this abundant marine life.  In  addi-
 tion  to  hosting massive schools of fish, these deep borrow pits act as
 "heat sinks" working to absorb temperatures  and  helping  to  keep  the
 water  temperatures of the bay from spiking to harmful levels. The fill-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15654-02-2
              

 A. 10346                            2
 
 ing of any of the borrow pits of the bay, or its tributaries, would harm
 the health of the bay.
   §  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  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,  EXCEPT  THAT  NO PERSON, LOCAL PUBLIC CORPORATION OR
 INTERSTATE AUTHORITY SHALL EXCAVATE OR PLACE FILL IN ANY OF  THE  BORROW
 PITS  OF JAMAICA BAY OR ITS TRIBUTARIES AT ANY TIME. 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 frag-
 mentary), 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 combination.  [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 Environmental 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 Conserva-
 tion relating to flood control.]
   § 3. Subdivision 3-a of section 15-0505 of the environmental conserva-
 tion law is REPEALED.
   § 4. This act shall take effect immediately.