S T A T E O F N E W Y O R K
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4132
2011-2012 Regular Sessions
I N A S S E M B L Y
February 1, 2011
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Introduced by M. of A. ENGLEBRIGHT -- 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.
LBD07489-01-1
A. 4132 2
(3) RESEARCH PLAN PROVIDING AN INDICATION OF THE RESEARCH REQUIRED TO
ADDRESS AREAS WHERE KNOWLEDGE AND INFORMATION ARE LACKING ON THE ENVI-
RONMENTAL EFFECTS OF THE PROPOSED ACTION;
(4) COMMUNITY INVOLVEMENT PLAN PROVIDING ARRANGEMENTS TO CONSULT AND
INVOLVE THE PUBLIC IN THE FOLLOW-UP PROGRAM; AND
(5) AUDIT/EVALUATION PLAN IDENTIFYING THE MEANS BY WHICH THE KNOWLEDGE
AND INFORMATION ACQUIRED DURING MONITORING AND RESEARCH WOULD BE USED TO
MODIFY THE PROJECT TO ENSURE PROTECTION OF THE ENVIRONMENT AND HOW IT
WOULD BE USED TO MAKE APPROPRIATE CHANGES TO IMPROVE THE APPLICATION OF
ENVIRONMENTAL REVIEWS.
S 4. The environmental conservation law is amended by adding a new
section 8-0114 to read as follows:
S 8-0114. AUDITING AND ASSESSMENT.
THE COMMISSIONER SHALL ANNUALLY AUDIT NOT LESS THAN FOUR COMPLETED
ENVIRONMENTAL IMPACT STATEMENTS FOR ACTIONS WHICH ARE COMPLETE IN ORDER
TO ASSESS HOW THE ISSUES, COMMITMENTS, RECOMMENDATIONS AND REQUIREMENTS,
INCLUDING PUBLIC DISCLOSURE, IMPACT AND QUESTIONS RAISED DURING THE
ENVIRONMENTAL REVIEW PROCESS WERE PERFORMED. A REPORT ON THE ASSESSMENT
SHALL BE MADE TO THE GOVERNOR AND ENVIRONMENTAL COMMITTEES OF THE SENATE
AND ASSEMBLY.
S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however that the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized and directed to
be made and completed on or before such effective date.