senate Bill S321

2013-2014 Legislative Session

Requires environmental impact statements to consider cumulative effects of an action

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to environmental conservation
Jan 09, 2013 referred to environmental conservation

Co-Sponsors

S321 - Details

See Assembly Version of this Bill:
A300
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยงยง8-0109 & 8-0105, En Con L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S7272, A815
2009-2010: A840, S843

S321 - 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".

S321 - Sponsor Memo

S321 - Bill Text download pdf

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

                                   321

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. AVELLA, MONTGOMERY -- read twice and ordered print-
  ed, and when printed to be committed 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.
                                                           LBD02659-01-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.