Committee Staff: Richard Colón, Policy Analyst
Donna De Costanzo, Counsel
Veronica McNeil, Finance
Jonathan Rosenberg, Finance
Maria Alvarado, Communications
environmental Protection
Fredy H. Kaplan, Counsel
Amanda M. Mayer, Policy Analyst
parks and recreation
The New York City Council
Committee on Environmental
Protection
James F. Gennaro, Chair
Committee on parks and
recreation
helen foster, Chair
Infrastructure Division
Marcel Van Ooyen,
legislative director
March 31, 2005
Int. No. 565: By Council Members Gennaro, Avella, Barron, Brewer, Clarke, Comrie, Fidler, Gonzalez, Jennings, Koppell, Liu, Nelson, Palma, Quinn, Recchia Jr., Sanders Jr., Vallone Jr. and Weprin
Title: A Local Law to amend the administrative code of the city of New York, in relation to developing a watershed protection plan for the watershed/sewershed of Jamaica Bay.
Int. No. 566: By Council Members Gennaro, Addabbo Jr., Avella, Comrie, Fidler, Gerson, Gonzalez, Jennings, Koppell, Lopez, Martinez, McMahon, Palma, Quinn, Recchia Jr., Sanders Jr., Weprin and Lanza
Title:
A Local Law to create a temporary task force to study the feasibility of transferring city-owned wetlands to the jurisdiction of the department of parks and recreation.
Res. No. 830: By Council Members By Council Members Gennaro, Addabbo Jr., Barron, Brewer, Clarke, Comrie, Fidler, Gentile, Jennings, Koppell, Liu, Lopez, Nelson, Palma, Quinn, Recchia Jr., Sanders Jr. and Weprin
Title: Resolution strongly urging the New York State Department of Environmental Conservation to immediately develop and implement a total maximum daily load for nitrogen pollution into Jamaica Bay in order to preserve and protect this New York City jewel possessing exceptional ecological diversity.
On March 31, 2005, the Committee on Environmental Protection, chaired by Council Member James Gennaro, and the Committee on Parks and Recreation, chaired by Council Member Helen Foster (“Committees”), will hold a joint hearing to hear testimony on two bills and a resolution: Int. No. 565, in relation developing a watershed protection plan for the watershed/sewershed of Jamaica Bay; Int. No. 566, in relation to creating a temporary task force to study the feasibility of transferring city-owned wetlands to the jurisdiction of the New York City Department of Parks and Recreation; and, Res. No. 830, a resolution strongly urging the New York State Department of Environmental Conservation to immediately develop and implement a total maximum daily load for nitrogen pollution into Jamaica Bay in order to preserve and protect this New York City jewel possessing exceptional ecological diversity.
I. Background
In November of 2002, the Committee on Environmental Protection held an oversight hearing on the future of Jamaica Bay, with a specific focus on environmental impacts and the Bay’s disappearing marshes. This past February, the Environmental Protection Committee held another hearing to measure the progress, since November of 2002, in improving the overall environmental health of Jamaica Bay and preventing further loss of marshland. Upon consideration of the testimony provided at both aforementioned hearings and additional research, the legislative items before us today were drafted. The goal of today’s hearing is to hear testimony on two bills and a resolution, which seek to preserve and protect Jamaica Bay, a New York City jewel possessing exceptional ecological diversity. Int. No. 565 seeks to develop a watershed protection plan for the watershed/sewershed of Jamaica Bay. Int. No. 566 seeks to create a temporary task force to study the feasibility of transferring city-owned wetlands to the jurisdiction of the Department of Parks and Recreation. And, Res. No. 830 strongly urges the New York State Department of Environmental Conservation to immediately develop and implement a total maximum daily load for nitrogen pollution into Jamaica Bay.
At both previous hearings, witness upon witness, including then Commissioner Christopher Ward of the New York City Department of Environmental Protection and then Superintendent Billy G. Garrett of the Gateway National Recreation Area Jamaica Bay Unit, testified that Jamaica Bay had experienced a tremendous loss of tidal wetlands. According to the National Park Service,
“[b]etween 1924 and 1999, the total area of Jamaica Bay’s salt marshes shrank by 51%. Increasingly, these losses have occurred within the interior of marsh islands. As tidal pools increase in size, marsh areas become more and more fragmented. Marsh vegetation (largely Spartina alterniflora) becomes inundated, withers, and dies. On some islands, up to 78% of the vegetation has disappeared in the past three decades.”[1]
According to the National Parks Conservation Association (NPCA), a “[s]alt marsh is a richly productive and crucial part of an ecosystem, offering nurseries for fish, counterbalancing global warming and urban pollution by trapping carbon and chemicals, and buffering homes from storm and wave damage.”[2]
In 2002, the Natural Resources Defense Council (NRDC) testified that a “November 2000 study released by the New York State Department of Environmental Conservation (DEC) shows that between 1974 and 1994, a twenty year period, 500 acres of Jamaica Bay wetlands were lost; between 1994 and 1999, a five year period, 300 acres were lost”[3] and “at the current rate of attrition most of the salt marsh islands could disappear within the next 20 years.”[4] As of Spring 2003, “marshland is being lost at the rate of approximately 40 acres/year.”[5]
Since the November 2002 hearing, the DEC has appointed a “Bay Guardian”, Don Riepe, to insure “that the best interests of Jamaica Bay were addressed.”[6] Mr. Riepe, a Broad Channel resident, is a retired “National Park Service district ranger who has worked in the environmental area for more than 25 years.”[7] The new Bay Guardian serves “as a liaison between the community and governmental agencies that have jurisdiction over the bay, including the DEC, the National Park Service, the New York City Department of Parks and Recreation, the city’s Department of Environmental Protection and the U.S. Army Corps of Engineers.” [8] The Bay Guardian is also responsible for developing “both short and long-term goals for improving water conditions and will review local plans and development proposals that might impact the bay.”[9] The American Littoral Society, a non-profit organization that encourages the better understanding of the marine environment, is responsible for operating The Bay Guardian program.[10]
Unfortunately, in May of 2003, the NPCA reported that because of funding shortages the National Park Service (NPS) “must attack the problem in small steps”.[11] According to the NPCA, a NPS official informed the Association “The Park Service’s current three-year budget of about $800,000 for restoration is a small fraction of what is needed to thoroughly analyze the bay’s problems.”[12]
II. Jamaica
Bay
According to the American Heritage Dictionary, a bay is defined as “a body of water partially enclosed by land but with a wide mouth, affording access to the sea.”[13] Jamaica Bay, however, is much more than just a body of water. To many, Jamaica Bay is an oasis of great ecological importance -- “a natural wonderland.”[14] In fact, according to a story featured in the Queens Tribune, the area in and around Jamaica Bay “…is home to the largest urban wildlife preserve in the nation.”[15]
One of our nation’s few urban national parks, Gateway National Recreation Area, and the Jamaica Bay Wildlife Refuge -- a shelter for rare and endangered birds -- are located within Jamaica Bay.[16] The Wildlife Refuge is “one of the most important urban wildlife refugees in the United States,” and it is nationally and internationally renowned “as a prime birding spot where thousands of water, land and shorebirds stop during migration.”[17] In essence, Jamaica Bay is considered to be “…one of the most important migratory shorebird stopover sites in the New York Bight region,[18] especially during fall migration (July to November),”[19] and, “…home to one of the largest and most varied collections of fish and both migrating and nesting birds on the Eastern Seaboard.”[20]
Approximately 95% of Jamaica Bay falls under federal jurisdiction as a result of the Gateway National Recreation Area Act, passed in 1972, which established the national park that encompasses most of the Bay.[21] The Department of the Interior holds primary responsibility for administering the Recreation Area, including the Jamaica Bay Unit of the park, and “shall administer and protect the islands and waters within [that Unit] with the primary aim of conserving the natural resources, fish, and wildlife located therein and shall permit no development or use of this area which is incompatible with this purpose.”[22] The Army Corps of Engineers was also provided with the authority to “undertake or contribute to water resource developments, including shore erosion control, beach protection, and navigation improvements . . . on land and/or waters within the recreation area. . . ” that are “mutually acceptable to the Secretary of the Interior and the Secretary of the Army and which are consistent with both the purpose of the [Gateway National Recreation Area] Act and the purpose of existing statutes dealing with water and related land resource development.”[23]
Approximately 8 miles long, 4 miles wide, and covering 26 square miles, Jamaica Bay is situated within the boroughs of Brooklyn and Queens, and opens into the Atlantic Ocean via the Rockaway Inlet.[24] The “…bay’s shallow waters,” a mean depth of 13 feet,[25] “and low-lying island marshes stretch over some 13,000 acres, providing a unique interconnection between the natural environment and the nation’s largest city. With its freshwater ponds and saltwater wetlands, the refuge offers sanctuary to more than 300 species of birds and nearly 100 species of fish, as well as amphibians, reptiles and small mammals.”[26] The location of Jamaica Bay “…and the rich food resources found there make it a regionally important fish, wildlife, and plant habitat complex.”[27]
Jamaica Bay is considered by many to be an “…ecological resource of global significance, especially because of its location within a dense urban environment. As an object of restoration and study activities, [the Bay] may become a model for the recovery of important urban estuaries throughout the world.”[28] Nevertheless, Jamaica Bay’s future as an oasis of great ecological importance is in severe jeopardy due to the fact that thousands of acres of the bay’s marshy islands, which serve as nesting and feeding areas for an abundance of birds and other wildlife, are rapidly and mysteriously vanishing.[29] Scientists predict that the Jamaica Bay marshlands will completely vanish in less than 20 years if the cause(s) of their deterioration and a solution to their preservation are not found.[30]
III. Jamaica Bay Marshlands
The marshes located in Jamaica Bay are the “…only marsh of any size adjacent to such a large metropolitan area.”[31] Marshes are commonly referred to as wetlands. The term wetlands means “…lands where saturation with water is the dominant factor determining the nature of soil development and the types of plant and animal communities living in the soil and on its surface.”[32] Generally, wetlands include swamps, marshes, bogs and similar areas.[33] The United States Environmental Protection Agency (EPA) defines marshes as “wetlands frequently or continually inundated with water, characterized by emergent soft-stemmed vegetation adapted to saturated soil conditions.”[34] On its website, the EPA divides marshes into two primary categories: tidal and non-tidal.[35] The most prevalent and widely distributed wetlands in North America are non-tidal marshes, which are mostly freshwater marshes.[36] The marshes located in Jamaica Bay, however, are tidal.[37]
Tidal marshes are freshwater, brackish (somewhat salty), or saline (salty), and “…are most prevalent in the United States on the eastern coast from Maine to Florida and continuing on to Louisiana and Texas along the Gulf of Mexico.”[38] There are many functions that tidal marshes perform which are beneficial to bodies of water. Specifically, tidal marshes:
- Buffer stormy seas and prevent flooding;
- Slow shoreline erosion;
- Absorb excess nutrients before they reach the oceans and estuaries. High concentrations of nutrients can result in oxygen levels low enough to harm wildlife;[39] and,
- Provide vital food and habitat for clams, crabs, and juvenile fish, as well as offering shelter and nesting sites for species of migratory waterfowl.[40]
The tidal marshlands located in Jamaica Bay, which cover 3,400 acres, perform these above-mentioned essential functions.
Essentially, the marshes of Jamaica Bay are of tremendous ecological importance and “…perform an essential role in controlling floods and in protecting a vast swath of the Brooklyn and Queens shorefront from storms and erosion.”[41] By serving a crucial role with respect to wildlife and to the Bay’s ecology, the Bay’s marshes are “the crux of the Jamaica Bay ecosystem.”[42] Unfortunately, however, Jamaica Bay has experienced a significant and continuing decline in the size of its tidal marshes in the past 100 years.[43] In 1995, local fishermen and bird-watchers first noticed the disappearance of Jamaica Bay’s marshes.[44] Moreover, unlike wetlands across the country, “the Jamaica Bay island marshes have been disappearing much more quickly, and the rate seems to be increasing each year.”[45]
According to Eric Goldstein, co-director of the urban program at the Natural Resources Defense Council (NRDC), “[f]rom 1924 to 1974, the bay was losing perhaps 10 acres a year, probably due to natural forces such as erosion. From 1974 to 1994, the data show, this trend increased, and average annual losses climbed to 22 acres a year. Since 1999, the rate of loss has spiked to 50 acres per year.”[46] Scientists, who have called the disappearing marshlands an emergency, contend, as mentioned earlier, that the Bay’s marshes “…will disappear in less than 20 years if a solution is not found.”[47] What is more disturbing, however, is the fact that scientists “…do not know what is causing such rapid erosion, which seems to be unknown elsewhere in the New York metropolitan region and [is] rare anyplace.”[48] Consequently, scientists and environmentalists are uncertain as to how to remedy the problem of the mysteriously vanishing marshlands. Billy Garrett, the current Deputy Superintendent of the Gateway National Recreation Area and Superintendent of the Jamaica Bay Unit, asserts that no specific causes have been ruled out.
IV. Jamaica Bay’s Disappearing Marshes
There are several theories that attempt to explain what exactly is the cause behind the mysterious vanishing marshlands of Jamaica Bay. In a report entitled Climate Change and a Global City, issued by the Columbia Earth Institute for the United States Global Change Research Program, the authors attribute most of the tidal wetlands losses in Jamaica Bay between 1900 and 1974 to “…direct man-made factors: e.g., filling and dredging, residential development in Queens and Brooklyn in and around the bay including Broad Channel Island and JFK International Airport, and rail and road construction.”[49] The authors of the aforementioned report, however, suspect that the current tidal wetlands losses in Jamaica Bay “…are likely caused by several factors, including sea-level rise, erosion, and storms.”[50] The Institute contends that rising sea level could possibly be the source of erosion of Jamaica Bay’s marshes.[51] The wetlands located in nearby Long Island, however, have not been disappearing to the same extent, if at all, even though the sea level rise is similar in that location.[52]
A July, 2001 New York Times article gives credence to the theory that tidal wetlands losses in Jamaica Bay can be attributed to man-made filling and the dredging of the Bay between 1900 and 1950. Huge underwater dredges, or pits, were dug between 1900 and 1950 to widen the Jamaica Bay channel for navigation purposes.[53], [54] These huge underwater dredges adversely affect the marshlands by trapping the sediment flowing in with the tides. The dredges “…act as a kind of trap for sediment, preventing this nourishing material from washing over the marshes and maintaining their growth.”[55] The dredges were also dug to provide a huge amount of sand for filling in the wetlands during the construction of Kennedy Airport.[56] Ordinarily the sediment “washes around and finds its way to the surface of the marshes. The fine sediment builds up the marshes and counteracts routine erosion caused, for instance, by sea level rise.”[57] Furthermore, not only do the underwater dredges trap sediment, “they also contribute to the erosion of the bay’s floor. The result is a deeper water level and higher waves, which cause further erosion by flowing over the marshes.”[58]
Another possible cause of the erosion of Jamaica Bay’s marshes may be the treated sewage and stormwater that are pouring into the Bay. Four of the City’s wastewater treatment plants (the Rockaway, Jamaica, 26th Ward, and Coney Island plants) dump 250 million gallons of wastewater per day into Jamaica Bay,[59] with one billion gallons of water being poured into the Bay on rainy days.[60] This nutrient-loaded wastewater may be causing an overgrowth of mussels, preventing natural drainage.[61], [62] In addition, the presence of excessive nutrients, such as nitrogen and phosphorous, may also lead to eutrophication[63], resulting in the depletion of dissolved oxygen, which is necessary for the survival of plants and animal species. As such, the New York City Department of Environmental Protection (DEP) has entered into an administrative order-on-consent, in conjunction with the Office of the New York State Attorney General and the New York State Department of Environmental Conservation (DEC), requiring the DEP to reduce its discharges of nitrogen into Jamaica Bay.[64] According to the DEC website, the order requires “DEP to upgrade its 26th Ward WPCP, which discharges to Jamaica Bay, to BNR [Step-Feed Biological Nitrogen Removal], to enhance nitrogen removal from effluent entering Jamaica Bay.”[65] In addition, the order-on-consent requires DEP to “perform certain studies to determine how best to address nitrogen-related water quality problems in Jamaica Bay in the long term.”[66]
It has also been proposed that the erosion of the Bay’s marshes may be attributed to the disposal of concentrated city sewage sludge waters, as a result of the end of the ocean dumping of this material. “The marshes took a dramatic turn for the worse” “about the same time that the city ended its program of dumping sewage sludge more than 100 miles out in the Atlantic Ocean.”[67] The sludge water that remains after sewage sludge has been de-watered, which is very high in nitrogen and phosphate, is now being discharged into the Bay, and may be contributing to algal blooms.[68] The Jamaica Bay Eco Watchers, consisting of local fisherman, contend that “the nitrogen is too much for the wildlife, cutting away oxygen and killing the marsh and eventually the wildlife as a result.”[69]
Other suspected causes behind the mysterious vanishing marshlands of Jamaica Bay include:
- changes in the tidal flows, which have adversely affected sediment flows in the Bay;[70]
- highway and asphalt runoff soaked with motor oil and diesel fuel;[71]
- toxins leaching from three inactive hazardous-waste landfills (Edgemere, Fountain Avenue, and Pennsylvania Avenue landfills);[72],[73]
- continued alteration of coastal habitat; and,
- an overgrowth of seaweed.[74]
V. Addressing the Bay’s
Disappearing Marshes
It is clearly evident that there are numerous theories that attempt to explain why Jamaica Bay’s marshlands are disappearing. As such, scientists, as well as environmentalists, are perplexed in their search for a definitive solution that would protect and preserve the marshlands of Jamaica Bay. Several possible short-term solutions have been considered, such as restoring the marshes by “building” new ones through depositing uncontaminated dredged materials in the Bay and planting new vegetation,[75] moving seaweed and mussel beds, and conducting analyses of sediment.[76]
In May of 2001, Congressman Anthony Weiner, who represents the Jamaica Bay area, along with the National Park Service, convened a “Blue Ribbon Panel of experts in the field of marsh ecology… to evaluate the loss of marsh islands in Jamaica Bay.”[77] A number of factors were identified by the panel as possible causes of the erosion of Jamaica Bay’s marshes, including: sediment displacement, sea level rise, wave energy, erosion, wildlife impacts, and water quality.[78] The panel recommended, “a research program be initiated to better evaluate the role of each of the [aforementioned] factors so that a more effective restoration strategy can be developed.[79] Congressman Weiner secured a $598,000 grant from the Natural Resources Protection Program[80] to implement research and corrective measures aimed at saving the salt marshes in Jamaica Bay, and the DEC allocated $150,000 for the same purpose.[81]
The United States Army Corps of Engineers is also an active player in the fight to reclaim lost swamps and marshland in Jamaica Bay. In an effort to bring Jamaica Bay back to a semblance of its original state, the Army Corps of Engineers will begin
“to level the banks of Gerritsen Creek, a Marine Park waterway that empties west of Floyd Bennett Field. Using bond funds from the New York City parks department and a small portion of its own $25 million special projects war chest, the corps plans to spread the resulting materials into the waterway at levels amenable to native grasses such as Spartina alterniflora (smooth cord grass), a primary food source for migrating waterfowl.”[82]
VI. Conclusion
It must be noted that, notwithstanding the mysterious vanishing marshlands, Jamaica Bay, “…is in its best condition in decades. The birds and fish are thriving, and water is being flushed out by the open ocean more efficiently than scientists once thought.”[83] Nevertheless, it is imperative that the various government agencies with jurisdiction over Jamaica Bay, including the City of New York, work together in the hopes of designing “…a rescue plan for the marshlands.”[84] One thing is certain -- the Bay’s marshlands, and improvement of the Bay’s overall environmental health, require and deserve immediate attention. To that end, the following legislative items, Int. No. 565, Int. No. 566, and Res. No. 830, were drafted.
VII. Int.
No. 565 – Watershed Protection Plan
A. Background
and Intent of Int. No. 565
In October of 1972 the United States Congress established the Gateway National Recreation Area as part of an effort to bring the National Park System and its ethic of preserving and protecting outstanding resources closer to major urban areas.
Gateway encompasses the largest collection of natural systems, wildlife habitats, historic resources, and recreational opportunities in the New York City/New Jersey metropolitan area.
Gateway also encompasses numerous sites of critical natural and cultural importance to the health of local ecosystems, to the life of migratory and native species, and to the military, navigational and aviation history of the region and the nation, especially in the context of attendant defenses of New York Harbor.
According to the National Park Service, Gateway is the only extensive public natural area in the New York City region and the Jamaica Bay Unit is one of several units consisting of lands, waters, marshes and submerged lands encompassing the Gateway.
Jamaica Bay contains approximately 13,000 acres of surface waters including tidal wetlands, the largest tidal wetland complex in New York State. The wetlands cushion the transportation infrastructure and commercial and residential areas in and around Jamaica Bay in Brooklyn and Queens, New York, from storm surges during hurricanes and nor’easters and other storm events. Unfortunately, construction and development within the Jamaica Bay watershed has often been conducted without consideration of adverse impacts to Jamaica Bay and without notice to interested government agencies, civic groups, and other interested parties.
Jamaica Bay’s future as an oasis of great ecological importance is in severe jeopardy due to the fact that thousands of acres of the bay’s marshy islands are rapidly and mysteriously vanishing.
Scientists predict that the Jamaica Bay marshlands will completely vanish in less than twenty years if the cause of their deterioration and a solution to their preservation are not found.
Int. No. 565 will require the Commissioner of the Department of Environmental Protection in conjunction with the Commissioner of Parks and Recreation, the Director of the Mayor’s Office of Environmental Coordination, the Director of City Planning, the Mayor’s Sustainability Task Force, and to the maximum extent in consultation with the New York State Department of Conservation, the New York State Department of State, the National Park Service, and such other agencies and offices as the DEP Commissioner deems appropriate, to develop a watershed protection plan for the watershed/sewershed of Jamaica Bay, and the Jamaica Bay watershed protection plan advisory committee, for the purpose of restoring and protecting Jamaica Bay and creating an environmentally healthy watershed that benefits all who have a stake in it as well as maintaining its ecosystem integrity.
B. Analysis of Int. No. 565
Section 1 of Int. No. 565 provides the legislative findings and intent of the legislation.
The proposed section 24-527 sets forth the requirements and conditions for the watershed protection plan for the watershed/sewershed of Jamaica Bay. Subdivision (a) of proposed section 24-527 states that the Commissioner of Environmental Protection, in conjunction with the Commissioner of Parks and Recreation, the Director of the Mayor’s Office of Environmental Coordination, the Director of City Planning, the Mayor’s Sustainability Task Force, and to the maximum extent in consultation with the New York State Department of Environmental Conservation, the New York State Department of State, the National Park Service, and such other agencies and offices as the Commissioner deems appropriate, and with the advice of the Jamaica Bay Watershed Protection Plan Advisory Committee established pursuant to section (c) of this section, shall devise and prepare a Watershed Protection Plan for the watershed/sewershed of Jamaica Bay for the purposed of restoring and protection Jamaica Bay and creating an environmentally healthy watershed that benefits all who have a stake in it as well as maintaining its ecosystem integrity. Subdivision (a) also details the elements of the plan, which, at a minimum, include: (1) best management practices for the minimization and control of erosion and stormwater runoff and reduction of both point and non-point pollution; assessment of watershed pollution sources in order to develop and target education and/or enforcement efforts that can prevent or reduce polluting behaviors and operations; (2) improvement of current water quality and enhancement of water quality standards in the Jamaica Bay watershed; (3) constructive measures to address threats to aquatic habitat, including but not limited to stabilizing salt marshes and restoring lost wetlands, strengthening ecological buffers, restoring natural features to the Jamaica Bay watershed/sewershed shoreline, and reestablishing water flows; (4) land use planning and land acquisition in coordination with the Departments of City Planning and Parks and Recreation that restores wetlands, soils, and natural areas, increase public access to waterfront areas of Jamaica Bay, and takes into account the ecological, recreational, environmental quality enhancement, and aesthetic significance of Jamaica Bay; (5) quantitative and measurable interim and final goals to evaluate progress towards the protection and restoration of Jamaica Bay, including but not limited to measures of water quality, monitoring of environmental conditions in Jamaica Bay, including progress towards achieving interim and final goals; (6) a protocol for coordination with appropriate federal, state, and city governmental entities that have jurisdiction over the Jamaica Bay area, particularly with respect to notification regarding proposed development projects that may adversely impact Jamaica Bay; (7) a protocol in coordination with the Mayor’s Office of Environmental Coordination that ensures that environmental assessments and reviews for projects within the Jamaica Bay watershed/sewershed are conducted pursuant to all applicable federal, state, and city environmental quality review laws and regulations address potential impacts to Jamaica Bay; and (8) a public education program, such as, but not limited to, press releases to local television and radio stations and community newspapers, and educational programs for schools, civic groups, and other local organizations to increase awareness about activities involving the watershed protection plan and to involve and educate the public about Jamaica Bay degradation, restoration and watershed stewardship activities.
Subdivision (b) of proposed section 24-527 provides that the Commissioner of Environmental Protection shall submit to the Mayor and the Speaker of the Council the Watershed Protection Plan for Jamaica Bay or a revised plan no later than five business days after its completion and where the Watershed Protection Plan has been reviewed in accordance with subdivision (e) of this section, and the Commissioner determines that no revisions are required, the Commissioner shall state the reasons for that determination in writing to the Mayor and the Speaker of the Council within five business days from the date of such determination.
Subdivision (c) of proposed section 24-527 provides that no later than thirty days after the effective date of this section, a Jamaica Bay Watershed Protection Plan Advisory Committee (“Advisory Committee”) shall be established to assist the Commissioner in coordinating and facilitation the implementation of the requirements of subdivision (b) of this section.
Pursuant to subdivision (c)(1) of proposed section 24-527 such Advisory Committee shall be comprised of seven members, three of whom shall be appointed by the Speaker of the Council and four by the Mayor, one of whom shall be the Chairperson. The members shall be appointed within thirty days of the enactment of this local law and shall serve without compensation. Any vacancy shall be filled within fourteen days by the original appointing authority. The Commissioners of Environmental Protection and Parks and Recreation, and the Directors of the Mayor’s Office of Environmental Coordination and City Planning shall provide staff to assist the Advisory Committee.
Pursuant to subdivision (c)(2) of proposed section 24-527 such Advisory Committee shall serve for a period of eighteen months, which shall begin thirty days from the effective date of this law or thirty days from the appointment of the last member of the advisory boards, whichever is sooner.
Subdivision (d) of proposed section 24-527 provides that the Commissioner shall implement all of the elements of the Watershed Protection Plan for Jamaica Bay on or before the fiscal year beginning the first of July, two thousand six.
Subdivision (e) of proposed section 24-527 provides that the Watershed Protection Plan for Jamaica Bay shall be reviewed in accordance with the provisions of subdivision (a) of this section and revised as necessary but in no event less often than every two years. This review shall provide for public comment and include an assessment of progress towards the interim and final goals of the Watershed Protection Plan.
Section 3 of the legislation states the law shall take effect immediately.
VIII. Int.
No. 566 – Temporary Task Force
A. Background and Intent of Int. No. 566
Wetlands are among the most productive ecosystems in the world. For example, wetlands such as intertidal or salt marshes are comparable in ecological productivity to rain forests. An immense variety of species of microbes, plants, insects, amphibians, reptiles, birds, fish, and mammals can be part of a wetland ecosystem. Physical and chemical features such as climate, landscape shape, geology, and the movement and abundance of water help to determine the plants and animals that inhabit a wetland. Wetlands provide values that no other ecosystem can, including natural water quality improvement, flood protection, shoreline erosion control and opportunities for recreation and aesthetic appreciation. In the City of New York, there are approximately fourteen square miles of wetlands still in existence, where more than 100 square miles once existed. Despite urbanization, 778 native plants and animals still exist in the City, accounting for sixty percent of the species that existed 100 years ago.
An outstanding example of wetlands with ecological, water quality improvement, and recreational and aesthetic significance is those found on or near Jamaica Bay. This bill would create a task force to inventory the wetlands in the City of New York, and ascertain the feasibility of transferring these properties to be under the protection of the Department of Parks and Recreation.
B. Analysis of Int. No. 566
Section 1 of Int. No. 566 provides the legislative findings and intent of the legislation.
Section 2 subdivision (a) sets forth the purpose for the Temporary Task Force, which is to advise the Mayor of the City of New York and the Speaker of the Council of the City of New York as to the technical, legal, environmental and economical feasibility of a transfer of city-owned wetland areas to the Commissioner of Parks and Recreation
Subdivision (b) of section 2 provides that such Task Force shall be comprised of seven members, three of whom shall be appointed by the Speaker of the Council and four by the Mayor, one of whom shall be the Chairperson. The members shall be appointed within thirty days of the enactment of this local law and shall serve without compensation. Any vacancy shall be filled within fourteen days by the original appointing authority. The Commissioners of Environmental Protection and Parks and Recreation shall provide staff to assist the task force.
Subdivision (c) of section 2 provides such Task Force shall serve for a period of eighteen months, which shall begin thirty days from the effective date of this law or thirty days from the appointment of the last member of the Task Force, whichever is sooner.
Subdivision (d) of section 2 provides that no later than six months before the expiration of the Task Force, the Chairperson shall submit a report containing its conclusions and recommendations to the Mayor of the City of New York and the Speaker of the Council of the City of New York.
§3. This local law shall take effect immediately upon its enactment.
IX. RES.
NO. 830 – DEVELOP & IMPLEMENT A TMDL
A. Summary
of Res. No. 830
In calling for the New York State Department of Environmental Conservation (DEC) to immediately develop and implement a total maximum daily load (TMDL) for nitrogen pollution into Jamaica Bay in order to preserve and protect this New York City jewel possessing exceptional ecological diversity, the Resolution cites that nitrogen pollution is directly contributing to the deterioration of Jamaica Bay, and that the immediate development and implementation of a TMDL to reduce nitrogen inputs into the Bay is essential to restoring and sustaining its critical health and great ecological importance.
The Resolution cites that Jamaica Bay and many of its tributaries are identified in the DEC January 28, 2004 Section 303(d) List of Impaired Waters Requiring a TMDL for nitrogen and pathogens pollution and oxygen demand. Moreover, the United States Environmental Protection Agency and the DEC previously agreed to implement TMDL for Jamaica Bay by 2005 and this schedule was subsequently delayed until 2006. Disturbingly, to our knowledge, DEC is not currently developing a TMDL for nitrogen pollution into Jamaica Bay for implementation in 2006. The Resolution also states that Jamaica Bay has been designated a Significant Coastal Fish and Wildlife Habitat by the New York State Department of State, a critical Environmental Area by the New York State Department of Environmental Conservation (DEC), a Special Natural Waterfront Area by the New York City Waterfront Revitalization Plan, a “Geographically Targeted Area” of the New York-New Jersey Harbor Estuary Program’s Comprehensive Conservation and Management Plan, and an Important Bird Area by the National Audubon Society. The Resolution further states that Jamaica Bay’s future as an oasis of great ecological importance is in severe jeopardy due to the fact that thousands of acres of the Bay’s marshlands are rapidly and mysteriously vanishing.
Unfortunately, scientists, including those who testified at the Council oversight hearings on Jamaica Bay, predict that nearly all of Jamaica Bay’s wetlands could be lost within the next several decades, if the cause of their deterioration and a solution to their preservation are not found, and have suggested that excess nitrogen could be contributing to such wetlands loss, as well as impacting the larger estuary biodiversity and food web.
Finally, the Resolution asserts that the Council of the City of New York believes that nitrogen pollution is directly contributing to the deterioration of Jamaica Bay, and that the immediate development and implementation of a TMDL to reduce nitrogen inputs into the Bay is essential to restoring and sustaining its ecological health.
Int. No. 565
By Council Members Gennaro, Avella, Barron, Brewer, Clarke, Comrie, Fidler, Gonzalez, Jennings, Koppell, Liu, Nelson, Palma, Quinn, Recchia Jr., Sanders Jr., Vallone Jr. and Weprin
A Local Law to amend the administrative code of the city of New York, in relation to developing a watershed protection plan for the watershed/sewershed of Jamaica Bay.
Be it enacted by the Council as follows:
Section 1. Legislative findings and intent. In October of 1972 the United States Congress established the Gateway National Recreation Area as part of an effort to bring the National Park System and its ethic of preserving and protecting outstanding resources closer to major urban areas.
Gateway encompasses the largest collection of natural systems, wildlife habitats, historic resources, and recreational opportunities in the New York City/New Jersey metropolitan area.
Gateway also encompasses numerous sites of critical natural and cultural importance to the health of local ecosystems, to the life of migratory and native species, and to the military, navigational and aviation history of the region and the nation, especially in the context of attendant defenses of New York Harbor.
According to the National Park Service, Gateway is the only extensive public natural area in the New York City region. The Jamaica Bay Unit is one of several units consisting of lands, waters, marshes and submerged lands encompassing the Gateway National Recreation Area.
The Jamaica Bay Wildlife Refuge, established by the City of New York in 1948, is located within the Jamaica Bay Unit of the Gateway National Recreation Area.
The Jamaica Bay Wildlife Refuge, a state and nationally recognized important bird area, encompasses 2,500 acres within the boroughs of Brooklyn and Queens.
The Jamaica Bay Wildlife Refuge, the only wildlife refuge in the National Park System, provides a shelter for rare and endangered birds and a variety of habitats for more than 325 kinds of waterfront and shorebirds.
The Jamaica Bay Wildlife Refuge is a critical stop-over area along the Eastern Flyway migration route and is one of the best and world renowned bird-watching locations in the western hemisphere.
Jamaica Bay is one of the largest and most productive coastal ecosystems in the state of New York, as well as within the Northeastern United States.
Jamaica Bay is a renowned recreational destination for local, national, and international visitors.
Jamaica Bay contains approximately 13,000 acres of surface waters including tidal wetlands, the largest tidal wetland complex in New York State. The wetlands cushion the transportation infrastructure and commercial and residential areas in and around Jamaica Bay in Brooklyn and Queens, New York, from storm surges during hurricanes and nor’easters and other storm events. Unfortunately, construction and development of the Jamaica Bay watershed has often been conducted without consideration of adverse impacts to Jamaica Bay and without notice to interested government agencies, civic groups, and other interested parties.
Jamaica Bay’s future as an oasis of great ecological importance is in severe jeopardy due to the fact that thousands of acres of the bay’s marshy islands are rapidly and mysteriously vanishing.
Jamaica Bay’s marshy islands serve as nesting and feeding areas for an abundance of birds and other wildlife.
Scientists predict that the Jamaica Bay marshlands will completely vanish in less than twenty years if the cause of their deterioration and a solution to their preservation are not found. This bill would create a watershed protection plan for the watershed/sewershed of Jamaica Bay, and the Jamaica Bay watershed protection plan advisory committee, for the purpose of restoring and protecting Jamaica Bay and creating an environmentally healthy watershed that benefits all who have a stake in it as well as maintaining its ecosystem integrity.
§2. Chapter six of title 24 of the administrative code of the city of New York is hereby amended by adding a new section 24-527 to read as follows:
§24-527 (a) Watershed protection plan for the watershed/sewershed of Jamaica Bay. No later than October 1, 2005, with opportunity for and consideration of prior public comment, and as required by subdivision d of this section, the commissioner, in conjunction with the commissioner of parks and recreation, the director of the mayor’s office of environmental coordination, the director of city planning, the mayor’s sustainability task force, and to the maximum extent in consultation with the New York state department of conservation, the New York state department of state, the national park service, and such other agencies and offices as the commissioner deems appropriate, shall devise and prepare a watershed protection plan for the watershed/sewershed of Jamaica Bay for the purpose of restoring and protecting Jamaica Bay and creating an environmentally healthy watershed that benefits all who have a stake in it as well as maintaining its ecosystem integrity. The elements of this plan shall, at a minimum, include the following: (1) best management practices for the minimization and control of erosion and stormwater runoff and reduction of both point and non-point pollution; assessment of watershed pollution sources in order to develop and target education and/or enforcement efforts that can prevent or reduce polluting behaviors and operations; (2) improvement of current water quality and enhancement of water quality standards in the Jamaica Bay watershed; (3) constructive measures to address threats to aquatic habitat, including but not limited to stabilizing salt marshes and restoring lost wetlands, strengthening ecological buffers, restoring natural features to the Jamaica Bay watershed/sewershed shoreline, and reestablishing water flows; (4) land use planning and land acquisition in coordination with the departments of city planning and parks and recreation that restores wetlands, soils, and natural areas, increase public access to waterfront areas of Jamaica Bay, and takes into account the ecological, recreational, environmental quality enhancement, and aesthetic significance of Jamaica Bay; (5) quantitative and measurable interim and final goals to evaluate progress towards the protection and restoration of Jamaica Bay, including but not limited to measures of water quality, monitoring of environmental conditions in Jamaica Bay, including progress towards achieving interim and final goals; (6) a protocol for coordination with appropriate federal, state, and city governmental entities that have jurisdiction over the Jamaica Bay area, particularly with respect to notification regarding proposed development projects that may adversely impact Jamaica Bay; (7) a protocol in coordination with the office of environmental coordination that ensures that environmental assessments and reviews for projects within the Jamaica Bay watershed/sewershed are conducted pursuant to all applicable federal, state, and city environmental quality review laws and regulations address potential impacts to Jamaica Bay; and (8) a public education program, such as, but not limited to, press releases to local television and radio stations and community newspapers, and educational programs for schools, civic groups, and other local organizations to increase awareness about activities involving the watershed protection plan and to involve and educate the public about Jamaica Bay degradation, restoration and watershed stewardship activities.
(b) The commissioner shall submit to the mayor and the speaker of the council the watershed protection plan for Jamaica Bay or a revised plan no later than five business days after its completion and where the watershed protection plan has been reviewed in accordance with subdivision e of this section, and the commissioner determines that no revisions are required, the commissioner shall state the reasons for that determination in writing to the mayor and the speaker of the council within five business days from the date of such determination.
(c) No later than thirty days after the effective date of this section, a Jamaica Bay watershed protection plan advisory committee shall be established to assist the commissioner in coordinating and facilitation the implementation of the requirements of subdivision b of this section.
1. Such committee shall be comprised of seven members, three of whom shall be appointed by the speaker of the council and four by the mayor, one of whom shall be the chairperson. The members shall be appointed within thirty days of the enactment of this local law and shall serve without compensation. Any vacancy shall be filled within fourteen days by the original appointing authority. The commissioners of environmental protection and parks and recreation, and the directors of the mayor’s office of environmental coordination and city planning shall provide staff to assist the advisory committee.
2. Such advisory committee shall serve for a period of eighteen months, which shall begin thirty days from the effective date of this law or thirty days from the appointment of the last member of the advisory boards, whichever is sooner.
(d) The commissioner shall implement all of the elements of the watershed protection plan for Jamaica Bay on or before the fiscal year beginning the first of July, two thousand six.
(e) The watershed protection plan for Jamaica Bay shall be reviewed in accordance with the provisions of subdivision a of this section and revised as necessary but in no event less often than every two years. This review shall provide for public comment and include an assessment of progress towards the interim and final goals of the watershed protection plan.
§3. This local law shall take effect immediately.
RC 1/30/05 5:40 p.m.
LS # 2322
Int. No. 566
By Council Members Gennaro, Addabbo Jr., Avella, Comrie, Fidler, Gerson, Gonzalez, Jennings, Koppell, Lopez, Martinez, McMahon, Palma, Quinn, Recchia Jr., Sanders Jr., Weprin and Lanza
A Local Law to create a temporary task force to study the feasibility of transferring city-owned wetlands to the jurisdiction of the department of parks and recreation.
Be it enacted by the Council as follows:
Section 1. Legislative findings and intent. Wetlands are among the most productive ecosystems in the world. For example, wetlands such as intertidal or salt marshes are comparable in ecological productivity to rain forests. An immense variety of species of microbes, plants, insects, amphibians, reptiles, birds, fish, and mammals can be part of a wetland ecosystem. Physical and chemical features such as climate, landscape shape, geology, and the movement and abundance of water help to determine the plants and animals that inhabit a wetland. Wetlands provide values that no other ecosystem can, including natural water quality improvement, flood protection, shoreline erosion control and opportunities for recreation and aesthetic appreciation. In the City of New York, there are approximately fourteen square miles of wetlands still in existence, where more than 100 square miles once existed. Despite urbanization, 778 native plants and animals still exist in the City, accounting for sixty percent of the species that existed 100 years ago.
An outstanding example of wetlands with ecological, water quality improvement, and recreational and aesthetic significance is those found on or near Jamaica Bay. This bill would create a task force to inventory the wetlands in the City of New York, and ascertain the feasibility of transferring these properties to be under the protection of the Department of Parks and Recreation.
§2. a. There is hereby established a temporary task force to advise the mayor of the city of New York and the speaker of the council of the city of New York as to the technical, legal, environmental and economical feasibility of a transfer of city-owned wetland areas to the commissioner of parks and recreation.
b. Such task force shall be comprised of seven members, three of whom shall be appointed by the speaker of the council and four by the mayor, one of whom shall be the chairperson. The members shall be appointed within thirty days of the enactment of this local law and shall serve without compensation. Any vacancy shall be filled within fourteen days by the original appointing authority. The commissioners of environmental protection and parks and recreation shall provide staff to assist the task force.
c. Such task force shall serve for a period of eighteen months, which shall begin thirty days from the effective date of this law or thirty days from the appointment of the last member of the task force, whichever is sooner.
d. No later than six months before the expiration of the task force, the chairperson shall submit a report containing its conclusions and recommendations to the mayor of the city of New York and the speaker of the council of the city of New York.
§3. This local law shall take effect immediately upon its enactment.
THC – LS # 2091
2/10/05
Res. No. 830
Resolution strongly urging the
New York State Department of Environmental Conservation to immediately develop
and implement a total maximum daily load for nitrogen pollution into Jamaica
Bay in order to preserve and protect this New York City jewel possessing
exceptional ecological diversity.
By
Council Members Gennaro, Addabbo Jr., Barron, Brewer, Clarke, Comrie, Fidler,
Gentile, Jennings, Koppell, Liu, Lopez, Nelson, Palma, Quinn, Recchia Jr.,
Sanders Jr. and Weprin
Whereas, In October of 1972 the United States Congress
established the Gateway National Recreation Area as part of an effort to bring
the National Park System and its ethic of preserving and protecting outstanding
resources closer to major urban areas; and
Whereas, The Gateway National Recreation Area encompasses
numerous sites of critical natural and cultural importance to the health of
local ecosystems, to the life of migratory and native species, and, according
to the National Park Service, this area is the only extensive public natural
area in the New York City region; and
Whereas, The Jamaica Bay Unit is one of several units
consisting of lands, waters, marshes and submerged lands comprising the Gateway
National Recreation Area, and the Jamaica Bay Wildlife Refuge, established by
the City of New York in 1948, is located within this unit; and
Whereas, The Jamaica Bay Wildlife Refuge, which is one of
the largest and most productive coastal ecosystems in the state of New York, as
well as the entire Northeastern United States, encompasses 2,500 acres within
the boroughs of Brooklyn and Queens; and
Whereas, The Jamaica Bay Wildlife Refuge, the only wildlife
refuge in the National Park System, provides a shelter for rare and endangered
birds and a variety of habitats for more than 300 kinds of waterfowl and
shorebirds; and
Whereas,
The Jamaica Bay Wildlife Refuge is a critical stop-over area along the Eastern
Flyway migration route and is one of the best bird-watching locations in the
Western Hemisphere; and
Whereas,
Jamaica Bay has been designated a Significant Coastal Fish and Wildlife Habitat
by the New York State Department of State, a Critical Environmental Area by the
New York State Department of Environmental Conservation (DEC), a Special
Natural Waterfront Area by the New York City Waterfront Revitalization Plan, a
“Geographically Targeted Area” of the New York-New Jersey Harbor Estuary
Program’s Comprehensive Conservation and Management Plan, and an Important Bird
Area by the National Audubon Society; and
Whereas, Jamaica Bay’s future as an oasis of great
ecological importance is in severe jeopardy due to the fact that thousands of
acres of the Bay’s marshlands are rapidly and mysteriously vanishing; and
Whereas, Jamaica
Bay’s marshlands serve as critical nesting and feeding areas for an abundance
of birds and other wildlife, important barriers to area flooding, and as a
filter for pollutants; and
Whereas, In November of 2002 and October of 2004, the New York City Council Committee on Environmental Protection held oversight hearings on the future of Jamaica Bay, with a specific focus on environmental impacts and the Bay’s disappearing marshes; and
Whereas,
During these oversight hearings, witnesses, including then Commissioner
Christopher Ward of the New York City Department of Environmental Protection
(DEP), then Superintendent Billy G. Garrett of the Gateway National Recreation
Area Jamaica Bay Unit, and several knowledgeable environmental scientists,
testified that Jamaica Bay had experienced a tremendous loss of tidal
wetlands.
Whereas,
Scientists, including those who testified at the Council oversight hearings,
predict that nearly all of Jamaica Bay’s wetlands could be lost within the next
several decades, if the cause of their deterioration and a solution to their
preservation are not found, and have suggested that excess nitrogen could be
contributing to such wetlands loss, as well as impacting the larger estuary
biodiversity and food web; and
Whereas, As a result of excess nitrogen, water clarity in Jamaica Bay has declined almost 30% since 1986, and the DEP has identified the Bay as the only major City waterbody not to improve over the last decade; and
Whereas, Under Section 303(d) of the 1972 Clean Water Act,
states, territories, and authorized tribes are required to develop lists of
“impaired waters,” waters that do not meet water quality standards set for them
even after point sources of pollution have installed the minimum required
levels of pollution control technology; and
Whereas,
The Clean Water Act requires these jurisdictions to develop Total Maximum Daily
Loads (TMDLs) for impaired waters in order to restore and protect the
waterbodies’ uses; and
Whereas,
A TMDL is a calculation of the maximum amount of a pollutant that a water body
can receive and still meet water quality standards, and an allocation of that
amount to the pollutant’s sources; and
Whereas,
TMDL implementation involves the reduction of pollutant loadings pursuant to
load allocations for purposes of achieving water quality standards; and
Whereas,
Jamaica Bay and many of its tributaries are identified in the DEC January 28,
2004 Section 303(d) List of Impaired Waters Requiring a TMDL for nitrogen and
pathogens pollution and oxygen demand; and
Whereas,
The United States Environmental Protection Agency and the DEC previously agreed
to implement TMDL for Jamaica Bay by 2005 and this schedule was subsequently
delayed until 2006; and
Whereas,
DEC is not currently developing a TMDL for nitrogen pollution into Jamaica Bay
for implementation in 2006; and
Whereas,
Excess nitrogen in a waterbody causes harmful algal blooms that contribute to
hypoxia, or low levels of dissolved oxygen in deeper waters, and dissolved
oxygen is important for the feeding, growth, and reproduction of aquatic life;
and
Whereas,
When hypoxic conditions occur in Jamaica Bay, the water quality standards for
dissolved oxygen are violated; and
Whereas,
Discharges from four New York City wastewater treatment plants and their
combined sewage overflows are the primary sources of nitrogen enrichment to
Jamaica Bay; and
Whereas,
The DEC and the DEP recognize that currently-planned Jamaica Bay wastewater
treatment plant upgrades will not result in achieving the applicable water
quality standards in Jamaica Bay; and
Whereas,
The Council of the City of New York believes that nitrogen pollution is
directly contributing to the deterioration of Jamaica Bay, and that the
immediate development and implementation of a TMDL to reduce nitrogen inputs
into the Bay is essential to restoring and sustaining its ecological health;
and
Whereas,
Jamaica Bay, its marshlands, and its aquatic environment serve as valuable
habitat for many species, contribute to and impact the health of the large
regional ecosystem and are a sanctuary that allows people to experience
solitude, relaxation, and natural landscapes in the midst of one of the most
populated urban areas in the county; now, therefore, be it
Resolved,
That the Council of the City of New York strongly urges the New York State
Department of Environmental Conservation to immediately develop and implement a
total maximum daily load for nitrogen pollution into Jamaica Bay in order to
preserve and protect this New York City jewel possessing exceptional ecological
diversity.
RC 1-20-05
LS # 2323