S T A T E O F N E W Y O R K
________________________________________________________________________
965
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
public hearings
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative finding. The legislature finds and declares
that in order to assure full review of applications and proposed depart-
ment actions on them and to enhance protection of the state's environ-
ment, additional criteria are needed which lead to department of envi-
ronmental conservation adjudicatory proceedings as a result of requests
from the public and applicants.
S 2. Subdivision 1 of section 70-0119 of the environmental conserva-
tion law, as added by chapter 723 of the laws of 1977, is amended to
read as follows:
1. After evaluating an application for a permit and any comments of
department staff, other state agencies or units of government or members
of the public, the department shall, on or before sixty calendar days
after it mails notice to the applicant that the application is complete
or on or before sixty days after the application is deemed complete
pursuant to the provisions of this article, determine whether or not to
conduct a public hearing on the application and mail written notice to
the applicant of a determination to conduct a public hearing. Such
determination shall be based on whether the evaluation or comments raise
substantive and significant issues [relating] WHICH (A) RELATE to any
findings or determinations the department is required to make pursuant
to this chapter, [including] (B) CREATE the reasonable likelihood that a
permit applied for will be denied or [can be] granted only with [major]
SIGNIFICANT modifications to the project because the project as proposed
may not meet statutory or regulatory criteria or standards, OR (C) RAISE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02715-01-9
A. 965 2
THE POTENTIAL OF SIGNIFICANTLY IMPROVING THE PERMIT AND THE QUALITY OF
THE ENVIRONMENT OR MITIGATING THE PROJECT'S IMPACT THROUGH MODIFICATION
OF PERMIT CONDITIONS OR THE PROJECT IN THE DISCRETION OF THE DEPARTMENT;
provided, however, where any comments received from members of the
public, PUBLIC OFFICIALS or otherwise raise substantive and significant
issues relating to the application and resolution of any such issue may
result in denial of the permit [or], the imposition of significant
conditions thereon, OR MODIFICATION OF THE PERMIT TO SIGNIFICANTLY BENE-
FIT THE ENVIRONMENT AND THE PUBLIC INTEREST, the department shall hold a
public hearing on the application.
S 3. This act shall take effect on the first of April next succeeding
the date upon which it shall have become a law, provided, however that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date is authorized and directed to be made and completed through
regular rulemaking procedures on or before such effective date.