Senate Bill S5827

                                BILL NUMBER:S5827

TITLE OF BILL:

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

PURPOSE OR GENERAL IDEA OF BILL:

To provide for the periodic update of the model assessment form and
ensure the consideration of changes and emerging issues in
environmental protection.

SUMMARY OF SPECIFIC PROVISIONS:

Section one amends paragraph 1 of subdivision 2 of section 8-0113 of
the environmental conservation law, as added by chapter 252 of the
laws of 1977, to require the Department of Environmental Conservation
to periodically update the model assessment form used during initial
review to assist an agency in carrying out its responsibilities and
duties under this article. Such updating shall be designed to assist
applicants and lead agencies in determining whether a proposed project
may have a significant effect on the environment, and shall ensure
consideration of changes and emerging issues in environmental
protection, including but not limited to, impacts on sensitive
populations, such as children.
              

Section two provides the effective date.

JUSTIFICATION:

By requiring the Department of Environmental Conservation to
periodically update its model assessment form used during the initial
review and including in such update consideration of changes and
emerging issues in environmental protection, we can better assess the
potential impact to the environment, including on sensitive
populations within the community in which the project will be
undertaken. It is now widely believed that certain environmental
conditions affect sensitive populations, such as children, differently
than they affect the general public. Contaminates in our water, air
and soil potentially have an adverse effect on the health and healthy
development of children. In Westchester County, when a water treatment
plant was being built in close proximity to a high school, there was
genuine concern that the chemicals used in the plant may adversely
impact the student population. This legislation will help to promote
an awareness that assessing whether a project may have a significant
effect on the environment includes consideration of the potential
impact on sensitive populations, including children, in the community.

LEGISLATIVE HISTORY:

A.2334-A, 2013 referred to environmental conservation and 2014 passed
Assembly. A.334, 2011 and 2012 passed Assembly. Same as S.1678, 2011
committed to Rules and 2012 referred to environmental conservation.
A.779A, 2009 and 2010 passed Assembly.  Same as S.2993-B, 2009
reported and committed to finance and 2010 passed Senate. 2010 Vetoed
Veto Memo 6740. A.615, 2007 and 2008 passed Assembly. Same as S.280,


2007 and 2008 referred to Environmental Conservation. A.421, 2005 and
2006 passed Assembly.  A.10500, 2004 passed Assembly. Same as S.6789,
2004 referred to Environmental Conservation.

FISCAL IMPLICATIONS:

No significant impact to the State.

EFFECTIVE DATE:

On the 180th day after it shall have become law.