S T A T E O F N E W Y O R K
________________________________________________________________________
9877
I N A S S E M B L Y
May 27, 2014
___________
Introduced by M. of A. FRIEND -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the
preparation of environmental impact statements
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 5 of section 8-0109 of the environmental
conservation law, as amended by chapter 252 of the laws of 1977, the
opening paragraph as amended by chapter 749 of the laws of 1991, is
amended to read as follows:
5. After the filing of a draft environmental impact statement the
agency shall determine whether or not to conduct a public hearing on the
environmental impact of the proposed action. If the agency determines to
hold such a hearing, it shall commence the hearing within sixty days of
the filing and unless the proposed action is withdrawn from consider-
ation shall prepare the environmental impact statement within forty-five
days after the close of the hearing, except as otherwise provided. The
need for such a hearing shall be determined in accordance with proce-
dures adopted by the agency pursuant to section 8-0113 of this article.
If no hearing is held, the agency shall prepare and make available the
environmental impact statement within sixty days after the filing of the
draft, except as otherwise provided. WITH RESPECT TO A PUBLIC HEARING
COMMENCED IN RELATION TO A DRAFT ENVIRONMENTAL IMPACT STATEMENT PREPARED
IN CONNECTION WITH AN APPLICATION FOR OBTAINING AN UNDERGROUND GAS STOR-
AGE PERMIT PURSUANT TO SECTION 23-1301 OF THIS CHAPTER, NO ADDITIONAL
HEARING OR HEARINGS SHALL BE SCHEDULED OR COMMENCED AFTER TWELVE MONTHS
FROM THE DATE OF THE FIRST PUBLIC HEARING OR WITHIN THIRTY DAYS OF THE
CHAPTER OF THE LAWS OF TWO THOUSAND FOURTEEN THAT AMENDED THIS SUBDIVI-
SION TAKES EFFECT, WHICHEVER IS LONGER.
Notwithstanding the specified time periods established by this arti-
cle, an agency shall vary the times so established herein for prepara-
tion, review and public hearings to coordinate the environmental review
process with other procedures relating to review and approval of an
action. An application for a permit or authorization for an action upon
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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