NY State Senate Bill 2021-S9123

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 10, 2022	referred to environmental conservation

2021-S9123 (ACTIVE) - Details

See Assembly Version of this Bill:: A10346
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Rpld §15-0505 sub 3-a, amd §15-0505, En Con L
Versions Introduced in 2023-2024 Legislative Session:: S2150, A2808

2021-S9123 (ACTIVE) - Summary

Relates to the filling of borrow pits in Jamaica Bay; prohibits the filling in of borrow pits with sediment or fill materials.

2021-S9123 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9123

SPONSOR: ADDABBO
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to eliminate any potential for filling of
the borrow pits of the bay as doing such would destroy the bay. The
borrow pits of the Bay have been recognized for multiple beneficial
enhancements to the water quality of the bay. Their deep areas are noted
for the vast amount of marine life that is present during certain peri-
ods of the year these same deep areas act as "heat sinks" to help absorb
the summer temperatures that are known for creating sulfide like condi-
tions in the much shallower areas of the bay. Local stakeholders, envi-
ronmentalists, and all of the fishing community recognizes that all of
these areas should remain untouched and that they contribute immensely

to the health of the Bay

 
SUMMARY OF PROVISIONS:

Section 2 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 subdivi-
sion 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 jamacia bay or its tributaries at any time.  The amend-
ment removes the June 30th, 2022 deadline to make the law permanent.

 
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.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
Shall take effect immediately.

2021-S9123 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9123
 
                             I N  S E N A T E
 
                               May 10, 2022
                                ___________
 
 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
   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-
 ing of any of the borrow pits of the bay, or its tributaries, would harm
 the health of the bay.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15654-02-2
 S. 9123                             2
 
   §  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.

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Senate Bill S9123

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

2021-S9123 (ACTIVE) - Details

2021-S9123 (ACTIVE) - Summary

2021-S9123 (ACTIVE) - Sponsor Memo

2021-S9123 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9123

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Sponsored By

Joseph P. Addabbo Jr.

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

2021-S9123 (ACTIVE) - Details

2021-S9123 (ACTIVE) - Summary

2021-S9123 (ACTIVE) - Sponsor Memo

2021-S9123 (ACTIVE) - Bill Text download pdf

Comments