Assembly Bill A840

2009-2010 Legislative Session

Requires environmental impact statements to consider cumulative effects of an action

download bill text pdf

Sponsored By

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-A840 (ACTIVE) - Details

See Senate Version of this Bill:
S843
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§8-0109 & 8-0105, En Con L
Versions Introduced in Other Legislative Sessions:
2011-2012: A815, S7272
2013-2014: A300, S321
2015-2016: S944
2017-2018: S1360

2009-A840 (ACTIVE) - Summary

Requires environmental impact statements to consider cumulative effects of an action for projects in communities already experiencing the impact by polluting facilities; defines "cumulative environmental impacts".

2009-A840 (ACTIVE) - Bill Text download pdf

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

                                   840

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. DINOWITZ, COLTON, JAFFEE -- Multi-Sponsored by --
  M.  of  A. GOTTFRIED, KOON, McENENY, PHEFFER, 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.
                                                           LBD02714-01-9
              

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