|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to environmental conservation|
|Jan 09, 2013||referred to environmental conservation|
senate Bill S1397
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1397 - Details
S1397 - Sponsor Memo
BILL NUMBER:S1397 TITLE OF BILL: An act to amend the environmental conservation law, in relation to environmental impact statements PURPOSE: To restructure section 8-0105 in a manner that replicates the EIS process, identifies the proper technical names for EIS documents, comprehensively defines the term 'environment,' adds the term 'infrastructure' to the definition of environment and increases the EIS radius from 1/4 mile to 1/2 mile. SUMMARY OF PROVISIONS: To amend Section 8-0105 of the environmental conservation law, subdivisions: 6 -definition of 'environment/environmental' 7 - definition of 'draft environmental impact statement' 8 - definition of 'environmental assessment report' adds 'infrastructure' to the definition of environment/environmental increases the assessed environmental impact radius to one-half mile. JUSTIFICATION: New York State is a home rule state, meaning that all planning and zoning decisions are determined by the local government; however, the state is responsible for establishing the foundation necessary to make those decisions. In its current form, ECL 8-0105 and ECL 8-0109 are deficient in substance and disorganized in process thereby allowing developers to submit questionable environmental impact statements (EIS) without repudiation. These sections of law set the standards for all development in the state; it affects the health,
S1397 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1397 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. MONTGOMERY -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conser- vation AN ACT to amend the environmental conservation law, in relation to envi- ronmental impact statements THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 6, 7 and 8 of section 8-0105 of the environ- mental conservation law, as amended by chapter 228 of the laws of 1976, are amended to read as follows: 6. "Environment OR ENVIRONMENTAL" means the physical conditions which will be affected by a proposed action, including land, air, water, minerals, flora, fauna, noise, objects of historic or aesthetic signif- icance, existing patterns of population concentration, distribution, or growth, and existing community or neighborhood character. "ENVIRONMENT" AND "ENVIRONMENTAL" SHALL INCLUDE THE SOCIAL, ECONOMIC, AND INFRASTRUC- TURAL IMPACTS ON THE PHYSICAL CONDITIONS AFFECTED BY A PROPOSED ACTION OR ACTIONS. "ENVIRONMENT" AND "ENVIRONMENTAL" SHALL ENCOMPASS ADVERSE, BENEFICIAL AND CUMULATIVE IMPACTS TO HUMAN HEALTH, LAND, AIR, SUNLIGHT AND PATTERN, MINERALS, FLORA, FAUNA, WATER, NATURAL HABITATS, WETLANDS, FLOODPLAINS, WATERSHED, SEWERAGE SYSTEMS, NOISE, EXISTING AND IMPENDING POPULATION CONCENTRATIONS AND GROWTH PATTERNS, EXISTING COMMUNITY OR NEIGHBORHOOD CHARACTER, NEIGHBORHOOD AMENITIES, POLICE AND FIRE DEPART- MENTS, HOSPITALS, ELEMENTARY AND SECONDARY SCHOOLS, PUBLIC TRANSIT SYSTEMS, ROADS AND ROADWAY PATTERNS, PUBLIC PARKING, PARKS AND PUBLIC RECREATIONAL FACILITIES, AND RESOURCES OF AGRICULTURAL, HISTORIC LAND- MARK AND AESTHETIC SIGNIFICANCE. 7. "DRAFT ENVIRONMENTAL IMPACT STATEMENT" MEANS A DETAILED PRELIMINARY REPORT TO BE PREPARED AT THE INCEPTION OF PROPOSED ACTIONS THAT DELINE- ATES THE ENVIRONMENTAL IMPACT PROPOSED ACTIONS WILL HAVE ON THE SPECIFIC EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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