senate Bill S1678

2011-2012 Legislative Session

Directs the department of environmental conservation to periodically update the model environmental impact assessment form

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to environmental conservation
Jun 24, 2011 committed to rules
May 23, 2011 advanced to third reading
May 18, 2011 2nd report cal.
May 17, 2011 1st report cal.679
Jan 11, 2011 referred to environmental conservation

Votes

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May 17, 2011 - Environmental Conservation committee Vote

S1678
11
0
committee
11
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Environmental Conservation Committee Vote: May 17, 2011

aye wr (3)

S1678 - Bill Details

See Assembly Version of this Bill:
A334
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง8-0113, En Con L
Versions Introduced in 2009-2010 Legislative Session:
A779, S2993, S2993B, A779A

S1678 - Bill Texts

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Directs the department of environmental conservation to update any forms or documentation prepared by such department which are designed to assist applicants and lead agencies in determining whether certain projects or actions have a significant effect on the environment; and provides such updates shall ensure the consideration of changes in science and emerging issues in environmental protection.

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BILL NUMBER:S1678

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to
updates of the model environmental impact assessment form

PURPOSE OF THE BILL:
To ensure that new scientific knowledge is
considered, on a regular basis, by the Department of Environmental
Conservation (DEC), in relation to environmental impact review. This
bill, in a more detailed manner, encourages DEC to periodically
review its regulations that implement SEQRA and which develop the
Environmental Assessment Form (EAF). The EAF is an important document
that is used by lead agencies and applicants to determine if an
Environmental Impact statement (EIS) is needed or not before taking a
specified governmental action that may significantly affect the
environment.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends the Environmental
Conservation Law section 8-0113(2) (1) to authorize and encourage DEC
to update forms (EAF) prepared by the Department that are used to
assist applicants and lead agencies in determining whether a proposed
project may have a significant adverse impact on the environment.
When updating forms, such as an EAF, the Department would need to
consider changes and future trends in science and emerging issues in
environmental protection and impact review. The Department, may also,
specify the need to look at potential adverse environmental impacts
to specific sensitive populations that are near such proposed
projects, such as children or other at-risk populations, that may be
affected by a governmental action.

JUSTIFICATION:
SEQRA should be revised to ensure that DEC periodically
reviews and revises the EAF so that the SEQRA review process
incorporates the latest scientific theories and environmental impact
review criteria. This new scientific information would be
incorporated, periodically, in the EAF, which is used by lead
agencies and applicants when determining if the proposed government
action may have a significant adverse environmental effect.

There may be certain governmental actions that can create
environmental conditions that adversely affect sensitive populations,
such as children, in a manner that is more pronounced than its effect
on the general public.

There are contaminates, that if released in our water, air and soil,
potentially could have a heightened adverse effect on the health and
healthy development of children.

For example, should a water treatment plant be built in close proximity
to a school, there may be a concern that the chemicals used in such
plant may significantly adversely impact the student population near
such facility. This legislation should help to promote an awareness
that environmental conditions created by a governmental action may
adversely impact certain sensitive populations more than the general
public. By periodically updating the EAF to reflect new advances in
science and emerging issues in environmental impact review and
protection, this new information can be incorporated and considered
when reviewing impacts on sensitive populations, such as children.

LEGISLATIVE HISTORY:
A.615, 2000 and 2007 Passed Assembly.
S.2993-B - Passed Senate and Assembly, but Vetoed (No.6740)

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
180 Days after it shall have become law.

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

                                  1678

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 11, 2011
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  updates of the model environmental impact assessment form

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

  Section 1. Paragraph (l) of subdivision 2 of  section  8-0113  of  the
environmental  conservation  law, as added by chapter 252 of the laws of
1977, is amended to read as follows:
  (l) A model assessment form to be used during the  initial  review  to
assist  an  agency in CARRYING OUT its responsibilities AND DUTIES under
this article.  THE DEPARTMENT SHALL PERIODICALLY UPDATE THE  FORM  WHICH
SHALL  BE DESIGNED TO ASSIST APPLICANTS AND LEAD AGENCIES IN DETERMINING
WHETHER A PROPOSED PROJECT OR ACTION MAY HAVE A  SIGNIFICANT  EFFECT  ON
THE  ENVIRONMENT. SUCH UPDATES SHALL ENSURE THE CONSIDERATION OF CHANGES
AND EMERGING ISSUES IN ENVIRONMENTAL PROTECTION.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02304-01-1

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