Directs the department of environmental conservation to conduct a study of ecological restoration needs of Jamaica Bay; imposes a five-year moratorium on placing sediment or fill in the borrow pits in Jamaica Bay.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9036
SPONSOR: Pheffer Amato
 
TITLE OF BILL:
An act directing the department of environmental conservation to conduct
a study on ecological restoration needs of Jamaica Bay
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is have the Department of Environmental Conser-
vation conduct a full study of Jamaica Bay to determine ecological
restoration needs in Jamaica Bay, while also providing a 5 year morato-
rium on filling of the borrow pits.
 
SUMMARY OF PROVISIONS:
Section la outlines the study that the Department of Environmental
Conservation will conduct to determine ecological restoration needs in
Jamaica Bay
Section 2b refers that the Department of Environmental Conservation
shall report their finding to the governor, the temporary president of
the senate and the speaker of the assembly no later than March 30, 2029
Section lc states that there shall be a moratorium of any placement of
any type of sediment or fill into the borrow pits in Jamaica Bay for a
period of five years commencing on the effective date of this act, or
until the study is completed and published, whichever is later.
 
JUSTIFICATION:
The Department of Environmental Conservation has not conducted a thor-
ough study of Jamaica Bay in at least 20 years. This bill would require
an updated study of Jamaica Bay to provide a description of the bathyme-
try of target areas of Jamaica Bay and a map of the borrow pits; the
ecological service quality of the borrow pits over multiple weather
seasons at multiple depths, including in-depth analysis of the popu-
lations of fin fish species that utilize such areas during different
seasons; the geotechnical conditions of all pit bottoms; the signif-
icance of the borrow pits regarding the absorption of heat during summer
months when adjacent shallow areas experience ulva sulfide conditions;
and any other policy recommendations regarding the ecological restora-
tion of Jamaica Bay.
There shall be a moratorium of any placement of any type of sediment or
fill into the borrow pits in Jamaica Bay for a period of five years
commencing on the effective date of this act, or until the study is
completed and published, whichever is later.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
Shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9036
IN ASSEMBLY
February 5, 2024
___________
Introduced by M. of A. PHEFFER AMATO -- read once and referred to the
Committee on Environmental Conservation
AN ACT directing the department of environmental conservation to conduct
a study on ecological restoration needs of Jamaica Bay
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. (a) The department of environmental conservation shall
2 conduct a beneficial use study to determine ecological restoration needs
3 in Jamaica Bay. Such study shall include, but not be limited to:
4 (i) a description of the bathymetry of target areas of Jamaica Bay and
5 a map of the borrow pits;
6 (ii) the ecological service quality of the borrow pits over multiple
7 weather seasons at multiple depths, including in-depth analysis of the
8 populations of fin fish species that utilize such areas during different
9 seasons;
10 (iii) the geotechnical conditions of all pit bottoms;
11 (iv) the significance of the borrow pits regarding the absorption of
12 heat during summer months when adjacent shallow areas experience ulva
13 sulfide conditions; and
14 (v) any other policy recommendations regarding the ecological restora-
15 tion of Jamaica Bay.
16 (b) The department of environmental conservation shall:
17 (i) issue a report on the findings of such study to the governor, the
18 temporary president of the senate and the speaker of the assembly no
19 later than March 30, 2029; and
20 (ii) publish such report on the department of environmental conserva-
21 tion's website.
22 (c) There shall be a moratorium of any placement of any type of sedi-
23 ment or fill into the borrow pits in Jamaica Bay for a period of five
24 years commencing on the effective date of this act, or until the study
25 is completed and published, whichever is later.
26 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14266-01-4