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A5767Assembly2019-2020 SessionSame asS4165

Tighten Jamaica Bay Dumping Rules

Official title

“Relates to the filling of borrow pits in Jamaica Bay”

Sponsor Stacey Pheffer AmatoAD-23+1 co-sponsorAffects Environment & Energy
Status
Vetoed
Impact
4/10
Low
Outcome
Vetoed

Bill progress

Vetoed

What's happening

This bill permanently updates requirements for filling Jamaica Bay borrow pits, tightening environmental standards for dredged materials.

Why it matters

  1. Strengthens environmental protections for Jamaica Bay. by requiring that any material used to fill borrow pits meets strict federal criteria for unrestricted ocean dumping, ensuring only the cleanest dredged materials can be used.

  2. Mandates comprehensive toxicity and bioaccumulation testing. for proposed fill materials, with permits only granted if tests show no unacceptable harm to aquatic life, reducing long-term risks to the bay’s ecosystem and public health.

  3. Eliminates temporary status of current safeguards. , making these enhanced environmental standards permanent rather than subject to future expiration or repeal, providing ongoing certainty for residents, advocates, and regulators.

  4. Closes potential loopholes. by disallowing the use of materials that could cause short-term or long-term environmental impacts, or that would otherwise require special precautions during disposal, thereby reducing the likelihood of accidental contamination or mismanagement.

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Who cares

Headline styles

Tighten Jamaica Bay Dumping Rules

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Stacey Pheffer Amato

Assembly Member · Assembly District 23

Chair, Governmental Employees

1 Co-sponsor

History

  1. Tabled
  2. Vetoed memo.248
  3. Delivered to governor
  4. Returned to assembly
  5. Passed senateVote 62–0
  6. 3rd reading cal.819
  7. Substituted for S4165A
  8. Referred to rules
  9. Delivered to senate
  10. Passed assembly
  11. Ordered to third reading rules cal.137
  12. Rules report cal.137
Show 5 earlier actions
  1. Reported
  2. Reported referred to rules
  3. Print number 5767a
  4. Amend (t) and recommit to environmental conservation
  5. Referred to environmental conservation

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S4165Senate

Tougher Rules for Bay Fill

Senate Floor Calendar · Sponsor Joseph P. Addabbo Jr.

Impact 4 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

5767--A

2019-2020 Regular Sessions

IN ASSEMBLY

February 19, 2019

Introduced by M. of A. PHEFFER AMATO -- read once and referred to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the environmental conservation law, in relation to the filling of borrow pits in Jamaica Bay; and to amend chapter 288 of the laws of 2014 amending the environmental conservation law relating to the filling of borrow pits in Jamaica Bay, in relation to making the provisions of such chapter permanent

The People of the State of New York, represented in Senate and Assembly, 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 maintain 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 concentrations.

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.

§ 2. Subdivisions 1 and 3-a of section 15-0505 of the environmental conservation law, subdivision 1 as amended by chapter 233 of the laws of 1979 and subdivision 3-a as added by chapter 288 of the laws of 2014, are 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

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD09819-02-9

A. 5767--A 2

water level or tide, without a permit issued pursuant to subdivision 3 of this section. 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 fragmentary), 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 Conservation relating to flood control.

3-a. [The department may only grant a permit for the filing of the Jamaica Bay borrow pits if the proposed sediments and fill materials:

(1) have been tested and the test results are in accordance with the requirements set forth in the department's technical operational guidance series 5.1.9 for the in water management of sediment and dredge material; and

(2) meet the department's class a criteria] In filling the Jamaica Bay borrow pits the department may only grant a permit if the proposed sediments and fill materials meet the following criteria:

(1) comply with federal unrestricted ocean dumping criteria;

(2) have been tested and test results indicate no unacceptable toxicity or bioaccumulation in biological test systems;

(3) has no potential short-term (acute) impacts or long-term (chronic) impacts; and

(4) requires no special precautionary measures are required during disposal.

§ 3. Section 3 of chapter 288 of the laws of 2014 amending the environmental conservation law relating to the filling of borrow pits in Jamaica Bay, as amended by chapter 499 of the laws of 2016, is amended to read as follows:

§ 3. This act shall take effect immediately [and shall expire and be deemed repealed June 30, 2022].

§ 4. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.