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

                                   300

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. DINOWITZ, COLTON, JAFFEE -- Multi-Sponsored by --
  M. of A. GOTTFRIED, SWEENEY -- read once and referred to the Committee
  on Environmental Conservation

AN  ACT  to amend the environmental conservation law, in relation to the
  requirement for an environmental impact statement

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

  Section  1.  Paragraphs (b) and (f) of subdivision 2 of section 8-0109
of the environmental conservation law, as amended by chapter 219 of  the
laws  of 1990, are amended and a new paragraph (e-1) is added to read as
follows:
  (b) the environmental impact of the proposed action  including  short-
term [and], long-term AND CUMULATIVE effects;
  (E-1)  AN  ANALYSIS  OF  THE  CUMULATIVE  ENVIRONMENTAL IMPACTS OF THE
PROPOSED PROJECT;
  (f) mitigation measures proposed to minimize the environmental impact,
INCLUDING CUMULATIVE EFFECTS;
  S 2. Section 8-0105 of the environmental conservation law  is  amended
by adding a new subdivision 9 to read as follows:
  9. "CUMULATIVE ENVIRONMENTAL IMPACTS" MEANS ENVIRONMENTAL IMPACTS THAT
MAY OCCUR WHEN A PROPOSED ACTION OR ACTIONS:
  (I) MAY RESULT IN CHANGES IN TWO OR MORE ELEMENTS OF THE ENVIRONMENT;
  (II)  WHEN  CONSIDERED  TOGETHER  WITH ONE OR MORE PENDING OR PROPOSED
ACTIONS, MAY RESULT IN CHANGES IN ONE OR MORE  COMMON  ELEMENTS  OF  THE
ENVIRONMENT;
  (III) WILL RESULT IN ONE OR MORE OTHER ACTIONS LIKELY TO BE UNDERTAKEN
AS A RESULT THEREOF;
  (IV) IS A PART OF A PROPOSAL OR PLAN THAT INCLUDES OR CONTEMPLATES ONE
OR MORE OTHER SIMULTANEOUS OR SUBSEQUENT ACTIONS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02659-01-3
              

A. 300                              2

  (V)  IS  DEPENDENT  UPON  APPROVAL  OR COMPLETION OF ONE OR MORE OTHER
ACTIONS;
  (VI)  IS A PROGRAM OR PLAN HAVING WIDE APPLICATION OR IS A PART THERE-
OF;
  (VII) IS A PLAN, PROGRAM, OR SERIES OF ACTIONS THAT WILL RESTRICT  THE
RANGE OF FUTURE ALTERNATIVES, POLICIES, OR ACTIONS;
  (VIII)  WHEN CONSIDERED TOGETHER WITH EXISTING OR BACKGROUND LEVELS OF
CONTAMINATION OR POLLUTION OR ACTIONS WHICH HAVE HAD AN  ADVERSE  EFFECT
ON THE ENVIRONMENT, MAY RESULT IN COMBINED OR SYNERGISTIC IMPACTS ON THE
ENVIRONMENT; OR
  (IX) A COMBINATION OF ONE OR MORE OF THE ABOVE.
  CUMULATIVE ENVIRONMENTAL IMPACTS SHALL BE CONSIDERED WITHOUT REGARD TO
WHETHER  THE  ACTION  OR  ACTIONS  ARE  PROPOSED BY THE SAME INDIVIDUAL,
PERSON, OR AGENCY, OR WHETHER THE ACTION IS PENDING FOR APPROVAL BY  ONE
OR MORE AGENCIES.
  S  3.    This  act  shall take effect on the one hundred eightieth day
after it shall have become a law; provided, however that effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.