S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1595

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Environmental Conser-
  vation

AN ACT to amend the environmental conservation law, in relation to envi-
  ronmental impact statements

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivisions 6, 7 and 8 of section 8-0105 of the environ-
mental conservation law, as amended by chapter 228 of the laws of  1976,
are amended to read as follows:
  6.  "Environment OR ENVIRONMENTAL" means the physical conditions which
will be affected by a  proposed  action,  including  land,  air,  water,
minerals,  flora, fauna, noise, objects of historic or aesthetic signif-
icance, existing patterns of population concentration, distribution,  or
growth, and existing community or neighborhood character.  "ENVIRONMENT"
AND  "ENVIRONMENTAL" SHALL INCLUDE THE SOCIAL, ECONOMIC, AND INFRASTRUC-
TURAL IMPACTS ON THE PHYSICAL CONDITIONS AFFECTED BY A  PROPOSED  ACTION
OR  ACTIONS.  "ENVIRONMENT" AND "ENVIRONMENTAL" SHALL ENCOMPASS ADVERSE,
BENEFICIAL AND CUMULATIVE IMPACTS TO HUMAN HEALTH, LAND,  AIR,  SUNLIGHT
AND  PATTERN, MINERALS, FLORA, FAUNA, WATER, NATURAL HABITATS, WETLANDS,
FLOODPLAINS, WATERSHED, SEWERAGE SYSTEMS, NOISE, EXISTING AND  IMPENDING
POPULATION  CONCENTRATIONS  AND  GROWTH  PATTERNS, EXISTING COMMUNITY OR
NEIGHBORHOOD CHARACTER, NEIGHBORHOOD AMENITIES, POLICE AND FIRE  DEPART-
MENTS,  HOSPITALS,  ELEMENTARY  AND  SECONDARY  SCHOOLS,  PUBLIC TRANSIT
SYSTEMS, ROADS AND ROADWAY PATTERNS, PUBLIC PARKING,  PARKS  AND  PUBLIC
RECREATIONAL  FACILITIES,  AND RESOURCES OF AGRICULTURAL, HISTORIC LAND-
MARK AND AESTHETIC SIGNIFICANCE.
  7. "DRAFT ENVIRONMENTAL IMPACT STATEMENT" MEANS A DETAILED PRELIMINARY
REPORT TO BE PREPARED AT THE INCEPTION OF PROPOSED ACTIONS THAT  DELINE-
ATES THE ENVIRONMENTAL IMPACT PROPOSED ACTIONS WILL HAVE ON THE SPECIFIC
LOCATION  AND  WITHIN  A  ONE-HALF  MILE  RADIUS  AROUND THE LOCATION OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06138-01-1
              

S. 1595                             2

PROPOSED ACTIONS; TO INFORM THE PUBLIC  AND  OTHER  PUBLIC  AGENCIES  AS
EARLY  AS  POSSIBLE ABOUT PROPOSED ACTIONS THAT MAY SIGNIFICANTLY AFFECT
THE QUALITY OF THE ENVIRONMENT;  AND  TO  SOLICIT  COMMENTS  WHICH  WILL
ASSIST  THE  AGENCY  IN  THE  DECISION MAKING PROCESS IN DETERMINING THE
ENVIRONMENTAL CONSEQUENCES OF THE PROPOSED ACTION. THE  DRAFT  STATEMENT
SHALL RESEMBLE IN FORM AND CONTENT THE ENVIRONMENTAL IMPACT STATEMENT TO
BE PREPARED AFTER COMMENTS HAVE BEEN RECEIVED AND CONSIDERED PURSUANT TO
SUBDIVISION  TWO  OF SECTION 8-0109 OF THIS ARTICLE; HOWEVER, THE LENGTH
AND DETAIL OF  THE  DRAFT  ENVIRONMENTAL  STATEMENT  SHALL  REFLECT  THE
PRELIMINARY  NATURE  OF  THE PROPOSAL AND THE EARLY STAGE AT WHICH IT IS
PREPARED.
  8. "ENVIRONMENTAL ASSESSMENT REPORT" MEANS  A  FORM  COMPLETED  BY  AN
APPLICANT  TO  ASSIST AN AGENCY IN DETERMINING THE ENVIRONMENTAL SIGNIF-
ICANCE OF A PROPOSED ACTION AND  SHALL  CONTAIN  ENOUGH  INFORMATION  TO
DESCRIBE  THE  PROPOSED  ACTION, ITS LOCATION, PURPOSE AND THE POTENTIAL
IMPACT ON THE ENVIRONMENT AT THE SPECIFIC LOCATION AND WITHIN A ONE-HALF
MILE RADIUS AROUND THE LOCATION OF THE PROPOSED ACTION.
  9. "[Environmental] FINAL  ENVIRONMENTAL  impact  statement"  means  a
detailed  statement  setting  forth  the  matters  specified in [section
8-0109 of this article] SUBDIVISION SEVEN OF THIS SECTION.  It  includes
any  comments  on  a  draft  environmental  statement which are received
pursuant to section 8-0109 of this article, and the agency's response to
such comments, to  the  extent  that  such  comments  raise  issues  not
adequately resolved in the draft environmental statement.
  [8.  "Draft environmental impact statement" means a preliminary state-
ment prepared pursuant to section 8-0109 of this article.]
  S 2. Section 8-0109 of the environmental conservation law, as  amended
by  chapter 252 of the laws of 1977, subdivisions 2 and 4 as amended and
subdivision 9 as added by chapter 219 of the laws of 1990, paragraph (h)
of subdivision 2 as amended by chapter 519 of the laws  of  1992,  para-
graph  (i) of subdivision 2 as added by chapter 182 of the laws of 1990,
paragraph (i) of subdivision 2 and the fourth undesignated paragraph  of
subdivision  4  as amended by chapter 238 of the laws of 1991, the fifth
undesignated paragraph of subdivision 4 and subdivision 6 as amended  by
chapter  641 of the laws of 2005, the opening paragraph of subdivision 5
as amended by chapter 749 of the laws  of  1991  and  subdivision  7  as
amended  by  chapter  336  of  the  laws  of 1987, is amended to read as
follows:
S 8-0109. Preparation of DRAFT AND FINAL environmental impact statement.
  1. Agencies shall use all practicable means to  realize  the  policies
and  goals  set forth in this article, and shall act and choose alterna-
tives which, consistent with ENVIRONMENTAL,  social,  economic,  INFRAS-
TRUCTURAL  and  other  essential  considerations,  to the maximum extent
practicable, minimize or avoid adverse [environmental] effects,  includ-
ing  effects revealed in the DRAFT AND FINAL environmental impact state-
ment process.
  2. All agencies (or applicant as hereinafter provided) shall  prepare,
or  cause to be prepared by contract or otherwise [an] A DRAFT AND FINAL
environmental impact statement on any action  they  propose  or  approve
which  may OR SHALL have a significant effect on the environment. Such a
statement shall include a detailed statement setting forth  the  follow-
ing:
  (a)  a  description  of  the  proposed  action  and  its environmental
setting;
  (b) the SHORT-TERM AND LONG-TERM environmental impact of the  proposed
action [including short-term and long-term effects] AND THE IMPACT WITH-

S. 1595                             3

IN  AN AREA INCLUDING, BUT NOT LIMITED TO, A ONE-HALF MILE RADIUS AROUND
THE LOCATION OF THE PROPOSED ACTION;
  (c)  any  adverse environmental effects which cannot be avoided should
the proposal be implemented;
  (d) alternatives to the proposed action;
  (e) any irreversible and irretrievable commitments of resources  which
would be involved in the proposed action should it be implemented;
  (f) mitigation measures proposed to minimize the environmental impact;
  (g) the growth-inducing aspects of the proposed action, where applica-
ble and significant;
  (h)  effects  of  the  proposed  action on the use and conservation of
energy resources, where applicable and significant, provided that in the
case of an electric generating facility, the statement shall  include  a
demonstration that the facility will satisfy electric generating capaci-
ty needs or other electric systems needs in a manner reasonably consist-
ent with the most recent state energy plan;
  (i)  effects of proposed action on solid waste management where appli-
cable and significant. THE STATEMENT SHALL INCLUDE A DEMONSTRATION  THAT
SOLID  WASTE  DISPOSAL  FACILITIES MEET OR EXCEED THE CAPACITY NECESSARY
FOR THE PROPOSED ACTION AND IN A MANNER CONSISTENT WITH  SOUND,  COMPRE-
HENSIVE SOLID WASTE MANAGEMENT PLANNING; [and
  (i)]  (J) effects of any proposed action on, and its consistency with,
the comprehensive management plan of the special groundwater  protection
area  program,  as  implemented  by the commissioner pursuant to article
fifty-five of this chapter; [and
  (j)] (K) EFFECTS OF ANY PROPOSED ACTION ON, AND ITS CONSISTENCY  WITH,
A MUNICIPALITY'S COMPREHENSIVE PLAN; AND
  (L)  such other information consistent with the purposes of this arti-
cle as may be prescribed in guidelines issued by the commissioner pursu-
ant to section 8-0113 of this [chapter] ARTICLE.
  [Such a statement shall also  include  copies  or  a  summary  of  the
substantive comments received by the agency pursuant to subdivision four
of  this  section, and the agency response to such comments. The purpose
of an environmental impact statement is to provide detailed  information
about  the effect which a proposed action is likely to have on the envi-
ronment, to list ways in which any adverse effects  of  such  an  action
might  be minimized, and to suggest alternatives to such an action so as
to form the basis for a decision whether or not to undertake or  approve
such  action.  Such  statement  should  be  clearly written in a concise
manner capable of being read and understood by the public,  should  deal
with the specific significant environmental impacts which can be reason-
ably  anticipated and should not contain more detail than is appropriate
considering the nature and magnitude of  the  proposed  action  and  the
significance of its potential impacts.]
  3.  An  agency  may  require  an  applicant to submit an environmental
ASSESSMENT report to assist the agency in carrying out its  responsibil-
ities,  including  the  initial  determination and, (where the applicant
does not prepare the DRAFT environmental impact statement), the prepara-
tion of [an] THE DRAFT environmental impact statement under  this  arti-
cle.  The  agency  may  request such other information from an applicant
necessary for the review of environmental impacts.  Notwithstanding  any
use  of  outside  resources or work, agencies shall make their own inde-
pendent judgment of the scope, contents and adequacy of [an]  THE  DRAFT
environmental impact statement.
  (A)  THE PURPOSE OF A DRAFT ENVIRONMENTAL STATEMENT IS TO RELATE ENVI-
RONMENTAL IMPACTS OF THE PROPOSED ACTIONS AT THE INCEPTION OF THE  PLAN-

S. 1595                             4

NING PROCESS, TO INFORM THE PUBLIC AND OTHER PUBLIC AGENCIES AS EARLY AS
POSSIBLE ABOUT PROPOSED ACTIONS THAT MAY SIGNIFICANTLY AFFECT THE QUALI-
TY  OF THE ENVIRONMENT AS DEFINED IN SECTION 8-0105 OF THIS ARTICLE, AND
TO  SOLICIT COMMENTS WHICH WILL ASSIST THE AGENCY IN THE DECISION MAKING
PROCESS IN DETERMINING THE ENVIRONMENTAL CONSEQUENCES  OF  THE  PROPOSED
ACTION.
  (B)  THE  PURPOSE  OF  AN ENVIRONMENTAL IMPACT STATEMENT IS TO PROVIDE
DETAILED INFORMATION ABOUT THE EFFECT WHICH A PROPOSED ACTION IS  LIKELY
TO HAVE ON THE ENVIRONMENT, TO LIST WAYS IN WHICH ANY ADVERSE EFFECTS OF
SUCH  AN  ACTION MIGHT BE MINIMIZED, AND TO SUGGEST ALTERNATIVES TO SUCH
AN ACTION SO AS TO FORM THE BASIS FOR  A  DECISION  WHETHER  OR  NOT  TO
UNDERTAKE OR APPROVE SUCH ACTION. SUCH STATEMENT SHOULD BE CLEARLY WRIT-
TEN  IN  A  CONCISE  MANNER  CAPABLE OF BEING READ AND UNDERSTOOD BY THE
PUBLIC, SHOULD DEAL WITH THE SPECIFIC SIGNIFICANT ENVIRONMENTAL  IMPACTS
WHICH  CAN  BE REASONABLY ANTICIPATED AND SHOULD NOT CONTAIN MORE DETAIL
THAN IS APPROPRIATE CONSIDERING THE NATURE AND MAGNITUDE OF THE PROPOSED
ACTION AND THE SIGNIFICANCE OF ITS POTENTIAL IMPACTS. SUCH  A  STATEMENT
SHALL  ALSO  INCLUDE  COPIES  OR  A  SUMMARY OF THE SUBSTANTIVE COMMENTS
RECEIVED BY THE AGENCY PURSUANT TO SUBDIVISION TWO OF THIS SECTION,  AND
THE AGENCY RESPONSE TO SUCH COMMENTS.
  (I) AN ENVIRONMENTAL IMPACT STATEMENT SHALL BE PREPARED FOR ANY ACTION
FOUND TO HAVE A SIGNIFICANT IMPACT ON THE SPECIAL GROUNDWATER PROTECTION
AREA,  AS  DEFINED  IN  SECTION  55-0107 OF THIS CHAPTER. SUCH STATEMENT
SHALL MEET THE REQUIREMENTS OF THE MOST  DETAILED  ENVIRONMENTAL  IMPACT
STATEMENT  REQUIRED  BY  THIS  SECTION OR BY ANY SUCH RULE OR REGULATION
PROMULGATED PURSUANT TO THIS SECTION.
  (II) FOR ANY ACTION FOR WHICH THE AGENCY DETERMINES THAT  SUCH  STATE-
MENT IS NOT REQUIRED AND WHICH WOULD TAKE PLACE IN A SPECIAL GROUNDWATER
PROTECTION  AREA,  AS  DEFINED  IN  SECTION 55-0107 OF THIS CHAPTER, THE
AGENCY SHALL SHOW HOW SUCH ACTION WOULD OR WOULD NOT BE CONSISTENT  WITH
THE  COMPREHENSIVE MANAGEMENT PLAN OF THE SPECIAL GROUNDWATER PROTECTION
PROGRAM,  AS  IMPLEMENTED  BY  THE  COMMISSIONER  PURSUANT  TO   ARTICLE
FIFTY-FIVE OF THIS CHAPTER.
  (C)  THE DRAFT STATEMENT SHOULD RESEMBLE IN FORM AND CONTENT THE FINAL
ENVIRONMENTAL IMPACT STATEMENT TO BE PREPARED AFTER COMMENTS  HAVE  BEEN
RECEIVED  AND  CONSIDERED  PURSUANT  TO SUBDIVISION TWO OF THIS SECTION;
HOWEVER, THE LENGTH AND DETAIL  OF  THE  DRAFT  ENVIRONMENTAL  STATEMENT
SHALL REFLECT THE PRELIMINARY NATURE OF THE PROPOSAL AND THE EARLY STAGE
AT WHICH IT IS PREPARED.
  (D)  THE  DRAFT  STATEMENT SHALL BE FILED WITH THE DEPARTMENT OR OTHER
DESIGNATED AGENCIES AND SHALL BE CIRCULATED TO FEDERAL, STATE,  REGIONAL
AND  LOCAL  AGENCIES  HAVING  AN  INTEREST IN THE PROPOSED ACTION AND TO
INTERESTED MEMBERS OF THE PUBLIC FOR COMMENT, AS MAY  BE  PRESCRIBED  BY
THE COMMISSIONER PURSUANT TO SECTION 8-0113 OF THIS ARTICLE.
  (E)  IN  ADDITION,  UNLESS IMPRACTICABLE, THE DRAFT STATEMENT SHALL BE
POSTED ON A PUBLICLY-AVAILABLE INTERNET WEBSITE. THE WEBSITE POSTING  OF
SUCH  DRAFT  STATEMENT MAY BE DISCONTINUED WHEN THE ENVIRONMENTAL IMPACT
STATEMENT IS POSTED PURSUANT TO PARAGRAPH (F) OF THIS SUBDIVISION.
  (F) TO THE EXTENT AS MAY BE PRESCRIBED BY THE COMMISSIONER PURSUANT TO
SECTION 8-0113 OF  THIS  ARTICLE,  THE  ENVIRONMENTAL  IMPACT  STATEMENT
PREPARED  PURSUANT  TO SUBDIVISION TWO OF THIS SECTION TOGETHER WITH THE
COMMENTS OF PUBLIC AND FEDERAL AGENCIES AND MEMBERS OF THE PUBLIC, SHALL
BE FILED WITH THE COMMISSIONER,  MADE  AVAILABLE  TO  THE  PUBLIC,  AND,
UNLESS  IMPRACTICABLE,  POSTED  ON A PUBLICLY-AVAILABLE INTERNET WEBSITE
PRIOR TO ACTING ON THE PROPOSAL WHICH IS THE  SUBJECT  OF  THE  ENVIRON-
MENTAL  IMPACT  STATEMENT.  THE WEBSITE POSTING OF SUCH STATEMENT MAY BE

S. 1595                             5

DISCONTINUED ONE YEAR AFTER ALL NECESSARY PERMITS HAVE  BEEN  ISSUED  BY
THE FEDERAL, STATE AND LOCAL GOVERNMENTS.
  4.  As  early  as  possible  in  the  formulation of a proposal for an
action, the responsible  agency  shall  make  an  initial  determination
whether  an  environmental  impact  statement  [need]  IS  NEEDED  TO be
prepared for the action. When an action is to be carried out or approved
by two or more agencies, such determination shall be made  as  early  as
possible after the designation of the lead agency.
  [With  respect  to actions involving the issuance to an applicant of a
permit or other entitlement, the agency shall notify  the  applicant  in
writing  of  its  initial determination specifying therein the basis for
such determination. Notice  of  the  initial  determination  along  with
appropriate  supporting findings on agency actions shall be kept on file
in the main office of the agency for public inspection.]
  (I) If the agency determines that  such  statement  is  required,  the
agency  or  the  applicant  at  its  option shall prepare or cause to be
prepared a draft environmental impact statement. If the  applicant  does
not  exercise  the  option  to  prepare such statement, the agency shall
prepare it, cause it to be prepared, or  terminate  its  review  of  the
proposed  action.  Such statement shall describe the proposed action and
reasonable alternatives to the action, and briefly discuss, on the basis
of information then  available,  the  remaining  items  required  to  be
submitted  by  subdivision  two of this section. [The purpose of a draft
environmental statement is to relate environmental considerations to the
inception of the planning process, to inform the public and other public
agencies as early as possible about proposed actions  that  may  signif-
icantly  affect  the quality of the environment, and to solicit comments
which will assist the agency in the decision making process in determin-
ing the environmental consequences of the  proposed  action.  The  draft
statement  should  resemble in form and content the environmental impact
statement to be prepared after comments have been received  and  consid-
ered  pursuant  to  subdivision two of this section; however, the length
and detail of the draft environmental statement will necessarily reflect
the preliminary nature of the proposal and the early stage at  which  it
is prepared.
  For  any action for which the agency determines that such statement is
not required and  which  would  take  place  in  a  special  groundwater
protection  area,  as  defined  in  section 55-0107 of this chapter, the
agency shall show how such action would or would not be consistent  with
the  comprehensive management plan of the special groundwater protection
program, as implemented by the commissioner pursuant to  article  fifty-
five of this chapter.
  The draft statement shall be filed with the department or other desig-
nated  agencies  and shall be circulated to federal, state, regional and
local agencies having an interest in the proposed action and  to  inter-
ested  members  of  the  public for comment, as may be prescribed by the
commissioner pursuant to section 8-0113. In addition, unless impractica-
ble, the draft statement shall be posted on a publicly-available  Inter-
net  website. The website posting of such draft statement may be discon-
tinued when the environmental impact statement  is  posted  pursuant  to
subdivision six of this section.
  5.]  (II)  After  the filing of a draft environmental impact statement
the agency shall determine whether or not to conduct a public hearing on
the environmental impact of the proposed action. If  the  agency  deter-
mines to hold such a hearing, it shall commence the hearing within sixty
days  of  the  filing  and, unless the proposed action is withdrawn from

S. 1595                             6

consideration, shall prepare the environmental impact  statement  within
forty-five  days  after  the  close  of the hearing, except as otherwise
provided. The need for such a hearing shall be determined in  accordance
with procedures adopted by the agency pursuant to section 8-0113 of this
article. If no hearing is held, the agency shall prepare and make avail-
able  the  FINAL  environmental impact statement within sixty days after
the filing of the draft, except as otherwise provided.
  5. Notwithstanding the specified  time  periods  established  by  this
article, an agency shall vary the times so established herein for prepa-
ration,  review  and  public  hearings  to  coordinate the environmental
review process with other procedures relating to review and approval  of
an  action.  [An application for a permit or authorization for an action
upon which a draft environmental impact statement is  determined  to  be
required shall not be complete until such draft statement has been filed
and  accepted  by  the  agency  as  satisfactory  with respect to scope,
content and adequacy for purposes of paragraph four of this section.]
  6. Commencing upon such acceptance, the environmental impact statement
process shall run concurrently with other  procedures  relating  to  the
review and approval of the action so long as reasonable time is provided
for  preparation,  review  and public hearings with respect to the draft
environmental impact statement.
  [6. To the extent as may be prescribed by the commissioner pursuant to
section 8-0113, the environmental impact statement prepared pursuant  to
subdivision two of this section together with the comments of public and
federal  agencies  and  members  of  the public, shall be filed with the
commissioner, made available to the public, and,  unless  impracticable,
posted  on  a publicly-available Internet website prior to acting on the
proposal which is the subject of the environmental impact statement. The
website posting of such statement may be discontinued one year after all
necessary permits have been issued  by  the  federal,  state  and  local
governments.]
  7.  AN  APPLICATION  FOR A PERMIT, ENTITLEMENT OR AUTHORIZATION FOR AN
ACTION UPON WHICH A DRAFT ENVIRONMENTAL IMPACT STATEMENT  IS  DETERMINED
TO BE REQUIRED SHALL NOT BE COMPLETE UNTIL SUCH DRAFT STATEMENT HAS BEEN
FILED  AND ACCEPTED BY THE AGENCY AS SATISFACTORY WITH RESPECT TO SCOPE,
CONTENT AND ADEQUACY FOR PURPOSES OF SUBDIVISION THREE OF THIS  SECTION.
THE AGENCY SHALL NOTIFY THE APPLICANT IN WRITING OF ITS INITIAL DETERMI-
NATION  SPECIFYING  THEREIN THE BASIS FOR SUCH DETERMINATION.  NOTICE OF
THE INITIAL DETERMINATION ALONG WITH APPROPRIATE SUPPORTING FINDINGS  ON
AGENCY  ACTIONS  SHALL  BE KEPT ON FILE IN THE MAIN OFFICE OF THE AGENCY
FOR PUBLIC INSPECTION.
  8. a. An agency may charge a fee to an applicant in order  to  recover
the costs incurred in preparing or causing to be prepared or reviewing a
draft  environmental  impact  statement  or  [an]  A FINAL environmental
impact statement on the action which the  applicant  requests  from  the
agency;  provided, however, that an applicant may not be charged a sepa-
rate fee for both the preparation and review  of  such  statements.  The
technical  services  of  the  department  may be made available on a fee
basis reflecting the costs thereof, to a requesting agency, which fee or
fees may appropriately be charged by the agency to the  applicant  under
rules and regulations to be issued under section 8-0113.
  b. Such rules and regulations shall require the applicant to reimburse
the  conservation  fund,  as  established pursuant to subdivision (a) of
section eighty-three of the state finance law, in order to  recover  all
costs  incurred  in  preparing  or causing to be prepared or reviewing a
draft environmental impact  statement  or  [an]  A  FINAL  environmental

S. 1595                             7

impact  statement  by  employees  of  the  department,  whose salary and
expenses are paid, in whole or in part, from the conservation fund.
  [8.] 9. When an agency decides to carry out or approve an action which
has been the subject of [an] THE environmental impact statement PROCESS,
it  shall make an explicit finding that the requirements of this section
have been met and [that  consistent  with  social,  economic  and  other
essential  considerations],  to  the maximum extent practicable, adverse
environmental [effects] IMPACTS revealed in the DRAFT AND FINAL environ-
mental impact statement process will be minimized or avoided.
  [9. An environmental impact statement shall be prepared for any action
found to have a significant impact on the special groundwater protection
area, as defined in section 55-0107  of  this  chapter.  Such  statement
shall  meet  the  requirements of the most detailed environmental impact
statement required by this section or by any  such  rule  or  regulation
promulgated pursuant to this section.]
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.