senate Bill S6169A

Relates to the preparation of environmental impact statements

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 06 / Jun / 2014
    • AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • 06 / Jun / 2014
    • PRINT NUMBER 6169A

Summary

Relates to the preparation of environmental impact statements.

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Bill Details

See Assembly Version of this Bill:
A9877
Versions:
S6169
S6169A
Legislative Cycle:
2013-2014
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง8-0109, En Con L

Sponsor Memo

BILL NUMBER:S6169A

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to the preparation of environmental impact statements

PURPOSE: To require the Department of Environmental Conservation (DEC)
to adhere to certain deadlines as it relates to public hearings and
approvals of environmental impact statements with respect to
underground gas storage permits

SUMMARY OF PROVISIONS: Section 1: Amends the environmental
conservation law with respect to gas storage permits to require that
all public hearings on such a project by held by DEC within twelve
months of the date of the first public hearing and requires the
department to file a final environmental impact statement no later
than ninety days after the adjournment of the last public hearing.

Section 2: Sets forth the effective date

JUSTIFICATION: The Department of Environmental Conservation is charged
with the serious responsibility of assessing the environmental impact
of certain projects and providing the public with necessary forums to
provide their feedback and input. While this is vitally important and
necessary, it can also send the wrong signals to businesses that are
waiting for a determination' on a project, when they have invested
significant capital and time. Such projects may or may not be
determined to be in the best interests of the State by DEC, however,
the department does have an obligation to provide an answer and a
justification for its decision in a reasonable time frame. This bill
seeks to effectuate just that. This bill relates to gas storage
projects only, because such projects bring, substantial economic
benefits to the state and since such projects have existed in this
state for many years, they can also demonstrate that they have been
safe. This bill does not impact or address any other gas related
project, including drilling of gas wells, pipelines or any other
infrastructure.

LEGISLATIVE HISTORY: This is a new bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately

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

                                 6169--A

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN  ACT  to amend the environmental conservation law, in relation to the
  preparation of environmental impact statements

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

  Section  1.  Subdivision  5  of  section  8-0109  of the environmental
conservation law, as amended by chapter 252 of the  laws  of  1977,  the
opening  paragraph  as  amended  by  chapter 749 of the laws of 1991, is
amended to read as follows:
  5. 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 determines to
hold  such a hearing, it shall commence the hearing within sixty days of
the filing and unless the proposed action is  withdrawn  from  consider-
ation 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  proce-
dures  adopted by the agency pursuant to section 8-0113 of this article.
If no hearing is held, the agency shall prepare and make  available  the
environmental impact statement within sixty days after the filing of the
draft,  except  as otherwise provided.  WITH RESPECT TO A PUBLIC HEARING
COMMENCED IN RELATION TO A DRAFT ENVIRONMENTAL IMPACT STATEMENT PREPARED
IN CONNECTION WITH AN APPLICATION FOR OBTAINING AN UNDERGROUND GAS STOR-
AGE PERMIT PURSUANT TO SECTION 23-1301 OF THIS  CHAPTER,  NO  ADDITIONAL
HEARING  OR HEARINGS SHALL BE SCHEDULED OR COMMENCED AFTER TWELVE MONTHS
FROM THE DATE OF THE FIRST PUBLIC HEARING OR WITHIN THIRTY DAYS  OF  THE
CHAPTER  OF THE LAWS OF TWO THOUSAND FOURTEEN THAT AMENDED THIS SUBDIVI-
SION TAKES EFFECT, WHICHEVER IS LONGER.
  Notwithstanding the specified time periods established by  this  arti-
cle,  an  agency shall vary the times so established herein for prepara-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13232-02-4

S. 6169--A                          2

tion, 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] SUBDIVISION four of
this section.  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.  WITH RESPECT TO A DRAFT  ENVIRON-
MENTAL  IMPACT  STATEMENT PREPARED IN CONNECTION WITH AN APPLICATION FOR
OBTAINING AN UNDERGROUND GAS STORAGE PERMIT PURSUANT TO SECTION  23-1301
OF  THIS CHAPTER, THE DEPARTMENT SHALL FILE A FINAL ENVIRONMENTAL IMPACT
STATEMENT NO LATER THAN NINETY DAYS AFTER THE ADJOURNMENT  OF  THE  LAST
PUBLIC  HEARING  OR WITHIN NINETY DAYS OF THE CHAPTER OF THE LAWS OF TWO
THOUSAND FOURTEEN THAT AMENDED THIS SUBDIVISION TAKES EFFECT,  WHICHEVER
IS LONGER.
  S  2.  This  act  shall take effect immediately and shall apply to all
draft environmental impact statements currently being prepared or  under
review  in  connection  with an application for obtaining an underground
gas storage permit pursuant to  section  23-1301  of  the  environmental
conservation law.

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