S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2808
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2023
                                ___________
 
 Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred 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
 
   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.
                                                            LBD04731-01-3
              

 A. 2808                             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.  This act shall take effect immediately.