S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4796
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 14, 2023
                                ___________
 
 Introduced  by  Sen.  WEIK  --  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 sche-
   duled dredging of navigable waters
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act may be referred to as the "Desludging Requirements
 for Every Designated Geographic Environment Act" or the "DREDGE Act".
   §  2.  Legislative intent. The legislature finds and declares that the
 maintenance of our navigable waterways is critical  for  public  safety,
 the  environment,  and  the  economy.    Most experts agree that regular
 dredging of navigable waterways ensures that each of these  metrics  are
 maintained. The legislature further finds that, on average, most naviga-
 ble  waterways  should  be dredged every eight years, but without proper
 planning at the federal, state and local level, those years can  quickly
 come  up  without  the  funding,  resources, or a schedule in place. For
 example, the Browns River in the Town of Islip has not been  dredged  in
 nearly  17  years--more than double the recommended time dredging should
 take place. This legislation is necessary to ensure that regular  dredg-
 ing  is  planned  and financed to ensure the safe navigability and reli-
 ability of our pristine waterways.
   § 3. The environmental conservation law is amended  by  adding  a  new
 section 15-0506 to read as follows:
 § 15-0506. REGULARLY  SCHEDULED  DREDGING  OF  NAVIGABLE  WATERS  IN THE
              STATE.
   1. THE STATE AND EACH MUNICIPALITY THAT HAS A NAVIGABLE WATERWAY WITH-
 IN ITS JURISDICTIONAL CONTROL AND MAINTENANCE SHALL DEVELOP  A  SCHEDULE
 FOR  REGULAR  DREDGING  OF  SUCH  WATERWAY  THAT SHALL BE FILED WITH THE
 DEPARTMENT. SUCH SCHEDULE SHALL BE UPDATED AT LEAST ANNUALLY  AND  SHALL
 BE MADE AVAILABLE ON THE DEPARTMENT'S WEBSITE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05776-01-3
 S. 4796                             2
              

 
   2.  IF  A  WATERWAY  IS  UNDER  THE  CONTROL OF MORE THAN ONE LEVEL OF
 GOVERNMENT, OR REQUIRES MORE  THAN  ONE  LEVEL  OF  GOVERNMENT  TO  WORK
 TOGETHER  TO  DREDGE  THE WATERWAY, THE RESPECTIVE LEVELS OF GOVERNMENTS
 AND/OR MUNICIPALITIES SHALL ENTER INTO AN AGREEMENT AS TO EACH LEVEL  OF
 GOVERNMENT  AND/OR  MUNICIPALITY'S  RESPECTIVE  RESPONSIBILITIES  AND AN
 AGREED UPON SCHEDULE FOR DREDGING THE WATERWAY.  SUCH SCHEDULE SHALL  BE
 UPDATED  AT  LEAST  ANNUALLY  AND SHALL BE MADE AVAILABLE ON THE DEPART-
 MENT'S WEBSITE.
   3. IF THE WATERWAY IS A  FEDERAL  WATERWAY  THAT  REQUIRES  THE  STATE
 AND/OR LOCAL MUNICIPALITIES TO UNDERTAKE PRELIMINARY OR CONCURRENT WORK,
 INCLUDING  BUT  NOT  LIMITED TO, HAVING AN AVAILABLE SPOIL SITE, FOR THE
 FEDERAL GOVERNMENT TO BEGIN OR COMPLETE ITS WORK, THE STATE AND/OR LOCAL
 MUNICIPALITIES SHALL DEVELOP A SCHEDULE TO COMPLETE SUCH WORK.  IF  MORE
 THAN  ONE  LEVEL  OF  GOVERNMENT IS REQUIRED TO UNDERTAKE SUCH WORK, THE
 RESPECTIVE LEVELS OF GOVERNMENTS AND/OR MUNICIPALITIES SHALL ENTER  INTO
 AN  AGREEMENT  AS  TO  EACH  LEVEL  OF  GOVERNMENT AND/OR MUNICIPALITY'S
 RESPECTIVE RESPONSIBILITIES AND AN AGREED UPON SCHEDULE TO DO THE  WORK.
 SUCH  SCHEDULE  SHALL  BE  UPDATED  AT  LEAST ANNUALLY AND SHALL BE MADE
 AVAILABLE ON THE DEPARTMENT'S WEBSITE.
   4. NOTHING CONTAINED IN THIS SECTION SHALL IMPAIR, IMPEDE,  OR  SUPER-
 SEDE  ANY  EMERGENCY  WORK  IN  SUCH  NAVIGABLE  WATERWAY  THAT  MUST BE
 COMPLETED OUTSIDE OF THE SCHEDULE FILED WITH THE DEPARTMENT.
   § 4. This act shall take effect immediately.