Relates to the filling of borrow pits in Jamaica Bay; directs the department of environmental conservation to conduct a study on ecological restoration needs in Jamaica Bay.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10188A
SPONSOR: Rules (Pheffer Amato TITLE OF BILL:
An act to amend the environmental conservation law, in relation to the
filling of borrow pits in Jamaica Bay; 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; in relation to directing the
department of environmental conservation to conduct a study on ecologi-
cal restoration needs in Jamaica Bay; and providing for the repeal of
certain provisions upon expiration thereof
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 2 alters Subdivisions 1 and 3-a of section 15-0505 of the envi-
ronmental 13 conservation law, subdivision 1 as amended by chapter 233
of the laws of 14 1979 and subdivision 3-a as added by 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.
Section 3 directs a beneficial Pilot Study to determine ecological
restoration needs as well as compliancy of the federal unrestricted
ocean dumping criteria to expire and be deemed repealed June 20, 2025
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Stronger protections relating to the borrow pits. Utilization of the EPA
Standard. Two year sunset.
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 However, this law is set to expire and be repealed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: 2020: A. 9595 - Vetoed - Veto Memo 68.
2021: A. 453 - Vetoed - Veto Memo 67.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
Shall take effect immediately.
