Bill Text: NY A02074 | 2013-2014 | General Assembly | Amended

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Bill Title: Relates to the filling of the Jamaica Bay borrow pits.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2014-06-19 - substituted by s3392a [A02074 Detail]

Download: New_York-2013-A02074-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2074--A
                                                               Cal. No. 117
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M.  of A. GOLDFEDER, COLTON -- read once and referred to
         the Committee on Environmental Conservation -- passed by Assembly  and
         delivered  to the Senate, recalled from the Senate, vote reconsidered,
         bill amended, ordered reprinted, retaining its place on 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:
    1    Section  1.  Legislative intent. Due to the increase in vessel size in
    2  recent years, New York State waterways such as channels, berthing  areas
    3  and  harbors are being excavated in a process known as dredging to main-
    4  tain sufficient depth for safe and efficient vessel operation.
    5    Dredged material  is  naturally  accumulated  sediment,  much  of  the
    6  dredged  material  does  contain  some  contaminants  at varying concen-
    7  trations.
    8    Jamaica Bay was dredged to supply soil for a  number  of  construction
    9  projects.  This  process  created  borrow pits in the bay.  These borrow
   10  pits have been identified as an attractive alternative for the disposing
   11  of dredge material.
   12    S 2. Section 15-0505 of the environmental conservation law is  amended
   13  by adding an new subdivision 3-a to read as follows:
   14    3-A.  THE  DEPARTMENT  MAY  ONLY  GRANT A PERMIT FOR THE FILING OF THE
   15  JAMAICA BAY BORROW PITS IF THE PROPOSED SEDIMENTS AND FILL MATERIALS:
   16    (1) HAVE BEEN TESTED AND THE TEST RESULTS ARE IN ACCORDANCE  WITH  THE
   17  REQUIREMENTS  SET  FORTH IN THE DEPARTMENT'S TECHNICAL OPERATIONAL GUID-
   18  ANCE SERIES 5.1.9 FOR THE IN WATER MANAGEMENT  OF  SEDIMENT  AND  DREDGE
   19  MATERIAL; AND
   20    (2) MEET THE DEPARTMENT'S CLASS A CRITERIA.
   21    S  3.  This  act shall take effect immediately and shall expire and be
   22  deemed repealed June 30, 2017.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00026-03-4