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Senate bill · S9479 (2025-26)

Relates to the definition of tidal wetlands

PassedLatest action Jun 3, 2026

New York State Senate

Same as A10936, the matching bill in the Assembly.

Passed as A10936, the matching Assembly bill.

Sponsor

Pete Harckham

State Senator, District 40 · Democratic/Working Families

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Summary

Specifies the marine and coastal district as part of the definition of tidal wetlands.

Summary from NY Open Legislation. How we handle summaries

Amends the Environmental Conservation Law.

From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 23, 2026. About our data

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Purpose, from the sponsor's memo

Section one amends subdivision 1 of section 25-0103 of the environmental conservation law to define "Tidal Wetlands" as those areas in the marine and coastal district, which border on or lie beneath tidal waters, such as, but not limited to, banks, bogs, salt marsh, swamps, meadows, flats or other low lands subject to tidal action, including those areas now or formerly connected to tidal waters. Section two states the effective date.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Where it stands

Passed the legislature and is awaiting a signature.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

Committee

Environmental Conservation · New York State Assembly

Also referred to Environmental Conservation · New York State Senate.

Cosponsors

Chris Burdick, Dana Levenberg and 2 more on Agora

Showing the cosponsors who are on Agora, A to Z. The official record may list more.

Read on NY Senate (opens in a new tab)
  • Democratic4

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The sponsor's argument

Why Pete Harckham says this is needed

Tidal wetlands are dynamic in nature and support a wide range of wild- life, many of whom depend on unique tidal wetland conditions to reproduce, especially birds and fish. These areas include salt marshes, mangroves, and mudflats and play a critical role in supporting biodiver- sity and providing vital ecosystem services. Additionally, tidal wetlands serve as natural buffers against storms, protecting inland areas from flooding and erosion. The vegetation in these wetland areas stabilize shorelines and absorbs excess water during high tide events, mitigating the impact of storm surges. Tidal wetlands are also crucial in enhancing water quality by filtering pollutants and providing nursery habitats for numerous species. Notably they also contribute to carbon sequestration by capturing carbon dioxide from the atmosphere and stor- ing it in plant biomass and soil. This is vital in addressing climate change by reducing the amount of carbon dioxide in the atmosphere. Tidal wetlands also provide opportunities for recreation, education, and tour- ism, especially in places where stewardship of the wetlands is preva- lent. Tidal wetlands can be used for fishing, hunting, hiking, wildlife observation, and boating. It's important for DEC to be able to regulate them to ensure any development is done responsibly. In New York State, wetlands along the Hudson River north of the Mario Cuomo Bridge are influenced by tidal action. However, those wetlands - which are Class I wetlands under DEC's regulations - are categorically excluded from the statutory definition of freshwater wetlands in Environmental Conserva- tion Law. This includes the wetlands along the Hudson River north of the Mario Cuomo Bridge that were previously mapped by DEC. These wetlands are subject to tidal action and are therefore categorically excluded from the statutory definition of freshwater wetlands. This amendment would allow for these wetlands to be categorically included in the statutory definition of tidal wetlands under Article 25 allowing them to be mapped and protected by the DEC.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Recorded votes

  • Vote: Floor vote

    NY SenateJun 3, 2026Result: passedSenate vote on A10936, the matching Assembly bill.

    (50) (11) (0) (2)
  • Vote: Committee vote · Environmental Conservation

    Senate Environmental ConservationMay 5, 2026Result: passed

    (11) (0) (0) (0)

Full history

  1. Jun 3, 2026

    3RD Reading CAL.948

    3RD READING CAL.948

    NY Senate

  2. Jun 3, 2026

    Passed a chamber

    PASSED SENATE

    NY Senate

  3. Jun 3, 2026

    Substituted

    SUBSTITUTED BY A10936

    NY Senate

  4. May 13, 2026

    Sent to the executive

    DELIVERED TO SENATE

    NY Assembly

  5. May 13, 2026

    Passed a chamber

    PASSED ASSEMBLY

    NY Assembly

Show full history (9 earlier events)
  1. May 13, 2026

    Referred to committee

    REFERRED TO ENVIRONMENTAL CONSERVATION

    NY Senate

  2. May 7, 2026

    Advanced to Third Reading

    ADVANCED TO THIRD READING

    NY Senate

  3. May 6, 2026

    2ND Report CAL.

    2ND REPORT CAL.

    NY Senate

  4. May 5, 2026

    1ST Report CAL.948

    1ST REPORT CAL.948

    NY Senate

  5. Apr 23, 2026

    Advanced to Third Reading CAL.387

    ADVANCED TO THIRD READING CAL.387

    NY Assembly

  6. Apr 21, 2026

    Reported out of committee

    REPORTED

    NY Assembly

  7. Apr 14, 2026

    Referred to committee

    REFERRED TO ENVIRONMENTAL CONSERVATION

    NY Assembly

  8. Apr 9, 2026

    Amend and Recommit to Environmental Conservation

    AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION

    NY Senate

  9. Mar 17, 2026

    Referred to committee

    REFERRED TO ENVIRONMENTAL CONSERVATION

    NY Senate