Bill S3392A-2013

Relates to the filling of the Jamaica Bay borrow pits

Relates to the filling of the Jamaica Bay borrow pits.

Details

Actions

  • Aug 11, 2014: SIGNED CHAP.288
  • Aug 1, 2014: DELIVERED TO GOVERNOR
  • Jun 19, 2014: returned to senate
  • Jun 19, 2014: passed assembly
  • Jun 19, 2014: ordered to third reading cal.117
  • Jun 19, 2014: substituted for a2074a
  • Jun 16, 2014: referred to environmental conservation
  • Jun 16, 2014: DELIVERED TO ASSEMBLY
  • Jun 16, 2014: PASSED SENATE
  • Jun 9, 2014: ADVANCED TO THIRD READING
  • Jun 9, 2014: AMENDED (T) 3392A
  • Jun 3, 2014: 2ND REPORT CAL.
  • Jun 2, 2014: 1ST REPORT CAL.1068
  • Mar 25, 2014: REPORTED AND COMMITTED TO FINANCE
  • Feb 28, 2014: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • Jan 8, 2014: REFERRED TO ENVIRONMENTAL CONSERVATION
  • Jun 4, 2013: REPORTED AND COMMITTED TO FINANCE
  • Feb 1, 2013: REFERRED TO ENVIRONMENTAL CONSERVATION

Calendars

Votes

Memo

BILL NUMBER:S3392A

TITLE OF BILL: An act to amend the environmental conservation law, in relation to the filling of borrow pits in Jamaica Bay; and providing for the repeal of such provisions upon expiration thereof

PURPOSE:

This bill seeks to prohibit the use of certain materials for the purposes of filling pits in the Jamaica Bay.

SUMMARY OF PROVISIONS:

Section 1: outlines in detail the specific process of dredging and explains what the three categories of sediment. are as defined by the United States EPA. This act would prohibit the NYS DEC from authorizing the us Army corps of Engineers or any other organization from using materials from categories 2 and 3.

Section 2: Will amend Chapter 233 of 1979 subdivision 1 of section 15-0505 and add subdivision 3-a to mandate that the Department of Environmental Conservation may only grant a permit for the filling of the Jamaica Bay borrow pits if the proposed sediments and fill materials have been tested and are in accordance with the requirements set forth by the Department of Environmental Conservation operational guidelines and meets the departments class A criteria.

Section 3: Sets the enacting date.

EXISTING LAW:

Chapter 233 of 1979.

JUSTIFICATION:

Due to the increase in vessel size, New York State waterways such as channels and harbors are. being excavated to maintain sufficient depth for safe and efficient vessel operations. This process is called "dredging" and it is done by the US Army Corps of Engineers. This material is naturally accumulated sediments; however, due to run off even this sediment gets contaminated. What this bill seeks to do is prohibit the NYS DEC from authorizing the US Army Corps of Engineers or any other organization from using hazardous materials in the filling of the Jamaica Bay borrow pits.

LEGISLATIVE HISTORY:

2012 S.7086A Referred to Environmental Conservation Committee. 2013 S.3392 Referred to Environmental Conservation Committee.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 3392--A Cal. No. 1068 2013-2014 Regular Sessions IN SENATE February 1, 2013 ___________
Introduced by Sens. ADDABBO, AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- recommitted to the Committee on Environmental Conser- vation in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee and committed to the Committee on Finance -- reported favorably from said committee, ordered to first and second report, amended on second report, ordered to a third reading, and to be reprinted as amended, 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 providing for the repeal of such provisions upon expiration thereof 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. S 2. Section 15-0505 of the environmental conservation law is amended by adding an new subdivision 3-a to read as follows: 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 GUID-
ANCE SERIES 5.1.9 FOR THE IN WATER MANAGEMENT OF SEDIMENT AND DREDGE MATERIAL; AND (2) MEET THE DEPARTMENT'S CLASS A CRITERIA. S 3. This act shall take effect immediately and shall expire and be deemed repealed June 30, 2017.

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