Assembly Bill A2924

2009-2010 Legislative Session

Establishes a follow-up program in the environmental review process

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A2924 (ACTIVE) - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§8-0109 & 8-0113, add §8-0114, En Con L
Versions Introduced in Other Legislative Sessions:
2011-2012: A4132
2013-2014: A4951
2015-2016: A2985

2009-A2924 (ACTIVE) - Summary

Requires an environmental impact statement to include provisions for a follow-up program; requires rules and regulations be adopted on form and content for follow-up program; makes provisions for sample audit and assessments of environmental impact statements; instructs commissioner of environmental conservation to annually audit not less than four completed environmental impact statements for actions which are complete in order to assess how the issues, commitments, recommendations, requirements including public disclosure and impact and questions raised during the environmental review process were performed.

2009-A2924 (ACTIVE) - Bill Text download pdf

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

                                  2924

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, V. LOPEZ -- read once and referred
  to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  including a follow-up program to the environmental review process

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

  Section 1. Subdivision  2  of  section  8-0109  of  the  environmental
conservation  law  is amended by adding a new paragraph (g-1) to read as
follows:
  (G-1) THE NEED FOR AND  THE  REQUIREMENTS  OF  ANY  FOLLOW-UP  PROGRAM
INCLUDING  BUT  NOT  LIMITED  TO  A  MONITORING PLAN WITH RESPECT TO THE
PROPOSED ACTION;
  S 2. Section 8-0109 of the environmental conservation law  is  amended
by adding a new subdivision 10 to read as follows:
  10.  AN  AGENCY  WHICH  HAS PREPARED AN ENVIRONMENTAL IMPACT STATEMENT
SHALL MAINTAIN AND HAVE AVAILABLE TO THE PUBLIC THE INFORMATION  RELATED
TO  THE  PREPARATION  OF SUCH STATEMENT UNTIL THE FOLLOW-UP PROGRAM WITH
RESPECT TO THE PROPOSED  ACTION IS COMPLETE.   THE  PROVISIONS  OF  THIS
SUBDIVISION  SHALL  NOT  BE  DEEMED TO AFFECT ANY OTHER PROVISION OF LAW
REQUIRING THE MAINTENANCE OF RECORDS FOR A LONGER PERIOD OF TIME.
  S 3. Subdivision 2 of section 8-0113 of the environmental conservation
law is amended by adding a new paragraph (m) to read as follows:
  (M) FORM AND CONTENT OF A FOLLOW-UP PROGRAM INCLUDING BUT NOT  LIMITED
TO ONE OR A COMBINATION OF THE FOLLOWING:
  (1)  MITIGATION/COMPENSATION  PLAN  ADDRESSING  THE MEANS BY WHICH THE
IDENTIFIED IMPACTS ARE TO BE ADEQUATELY MITIGATED AND/OR COMPENSATED;
  (2) MONITORING PLAN COVERING THE MONITORING THAT WOULD  BE  NEEDED  TO
DETERMINE COMPLIANCE WITH ESTABLISHED REGULATORY REQUIREMENTS AND STAND-
ARDS;  ESTABLISH THE EFFECTIVENESS OF THE PREDICTIONS, MITIGATION AND/OR
COMPENSATION STRATEGIES, PROCEDURES OR  TECHNIQUES;  AND  DETERMINE  THE
ENVIRONMENTAL EFFECTS OF THE PROPOSED ACTION;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06248-01-9
              

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