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: A3398
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:
The purpose of this bill is to have the Department of Environmental
Conservation 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 of the bill outlines the study that the Department of Envi-
ronmental Conservation will conduct to determine ecological restoration
needs in Jamaica Bay.
Section 2b of the bill states 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, 2030.
Section lc of the bill states that there shall be a moratorium of any
placement of any type of sediment or fill into the borrow pits in Jamai-
ca 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.
Section 2 of the bill sets the effective date.
JUSTIFICATION:
sulfide conditions; and any other policy recommendations regarding the
ecological restoration 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.
LEGISLATIVE HISTORY:
2024: A9036 - Vetoed Memo.42
2023: S.6596 - Vetoed Memo.43
2022: S.8816-A (Addabbo) - Vetoed Memo.99
2021: S.2205 (Addabbo) - Vetoed Memo.67
2020: S.7295 (Addabbo) - Vetoed Memo.68
FISCAL IMPACT ON THE STATE;
TO BE DETERMINED.
EFFECTIVE DATE:
Shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
3398
2025-2026 Regular Sessions
IN ASSEMBLY
January 27, 2025
___________
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, 2030; 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.
LBD03536-01-5
