What's happening
This bill permanently authorizes filling Jamaica Bay borrow pits with dredged material, but only if strict environmental safety criteria are met.
Why it matters
Tightens environmental standards. The bill strengthens requirements for using dredged material to fill Jamaica Bay borrow pits, mandating that such material must meet strict federal and state safety standards—specifically, it must pass federal ocean dumping criteria, show no evidence of toxicity, and not require special handling during disposal.
Long-term environmental oversight. By making the permitting process permanent (instead of expiring in 2022), the bill ensures continuous regulatory scrutiny of any future projects to fill borrow pits, rather than allowing the practice to lapse or go unregulated.
Potential impact on local ecosystems. The stricter criteria are designed to protect Jamaica Bay’s water quality and marine life, addressing concerns about contaminated sediments entering critical urban wetlands and affecting both wildlife and public health.
Supports ongoing maritime operations. By providing a regulated outlet for clean dredged material, the bill enables maintenance of shipping channels and harbor infrastructure, which is crucial for regional commerce and transportation, while balancing environmental protections.
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Who cares
Headline styles
Tougher Rules for Bay Fill
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Substituted by A5767A
- Amended on third reading (t) 4165a
- Vote reconsidered - restored to third reading
- Returned to senate
- Recalled from assembly
- Referred to environmental conservation
- Delivered to assembly
- Passed senateVote 61–0
- Ordered to third reading cal.819
- Committee discharged and committed to rules
- 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.
Tighten Jamaica Bay Dumping Rules
Vetoed · Sponsor Stacey Pheffer Amato
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4165--A Cal. No. 819
2019-2020 Regular Sessions
IN SENATE
March 4, 2019
Introduced by Sen. ADDABBO -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- committee discharged and said bill committed to the Committee on Rules -- reported favorably from said committee, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09819-03-9
S. 4165--A 2
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. 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.
Sponsor's memo
Title of bill
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
Purpose or general idea of bill
The purpose of this bill is to extend permanently, requirements to continue protection of Jamaica Bay. This will strengthen protection of the Jamaica Bay waters making it safer for current and all future gener- ations.
Summary of provisions
Section 1 alters Section 3 of chapter 288 of the laws of 2014 amending the environmental conservation law relating to the filling out of borrow pits in Jamaica Bay, as amended by chapter 499 of the laws of 2016. The amendment removes the June 30th, 2022 deadline to make the law a perma- nent measure. Amending the environmental conservation law to include additional conditions relating to filling the borrow pits.
Difference between original and amended version (if applicable)
Stronger protections relating to the borrow pits.
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. This bill will revise the fill requirements to make them more protective and better regulate the responsibility of the US Army Corps of Engineers indefinitely for regulating the types of materi- als that can be used in the dredging process, allowing Jamaica Bay protections to be kept as having an equal status to the protections granted to federal waters.
Prior legislative history
New Bill.
Fiscal implications for state and local governments
To be determined.
Effective date
Shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.