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

                                  4240

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

Introduced  by  M. of A. KOLB -- read once and referred to the Committee
  on Environmental Conservation

AN ACT to amend the environmental conservation law,  the  parks,  recre-
  ation  and  historic  preservation  law, and the state finance law, in
  relation to environmental assessment of historic preservation plan

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

  Section  1.  Subdivision  6  of  section  8-0111  of the environmental
conservation law, as added by chapter  612  of  the  laws  of  1975,  is
amended to read as follows:
  6. Lead Agency. When an action is to be carried out or approved by two
or  more agencies, the DEPARTMENT SHALL BE DESIGNATED AS LEAD AGENCY AND
determination of whether the action may have a significant effect on the
environment shall be made by the [lead agency] DEPARTMENT having princi-
pal responsibility for carrying out or approving such action  and  [such
agency]  shall  prepare[,  or cause to be prepared by contract or other-
wise,] the environmental impact statement  for  the  action  if  such  a
statement  is  required  by  this article. [In the event that there is a
question as to which is the lead agency, any agency may submit the ques-
tion to the commissioner and the commissioner shall designate  the  lead
agency,  giving  due  consideration  to  the  capacity of such agency to
fulfill adequately the requirements of this article.]
  S 2. Paragraph (a) of subdivision 3 of section 70-0109 of the environ-
mental conservation law is amended by adding a new subparagraph (iii) to
read as follows:
  (III) IN THE CASE OF AN APPLICATION FOR A  STATE  POLLUTANT  DISCHARGE
ELIMINATION SYSTEM (SPDES) PERMIT ISSUED IN LIEU OF A NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM PERMIT, SUCH DECISION SHALL BE MAILED ON OR
BEFORE THIRTY CALENDAR DAYS AFTER THE DEPARTMENT MAILS WRITTEN NOTICE TO
THE  APPLICANT  THAT  THE APPLICATION IS COMPLETE OR ON OR BEFORE THIRTY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02757-01-5

              

A. 4240                             2

CALENDAR DAYS AFTER THE APPLICATION IS DEEMED COMPLETE PURSUANT  TO  THE
PROVISIONS OF THIS ARTICLE.
  S 3. Subdivision 5 of section 8-0109 of the environmental conservation
law,  as  amended  by  chapter  252 of the laws of 1977, and 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] THIRTY
days of the filing and unless the  proposed  action  is  withdrawn  from
consideration  shall  prepare  the environmental impact statement within
[forty-five] THIRTY days after the  close  of  the  hearing,  except  as
otherwise  provided.  The need for such a hearing shall be determined in
accordance with procedures 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]
THIRTY days after the filing of the draft, except as otherwise provided.
  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
which a  draft  environmental  impact  statement  is  determined  to  be
required shall not be complete until such draft statement has been filed
and  accepted  by  the  agency  as  satisfactory  with respect to scope,
content and adequacy for purposes of  [paragraph]  SUBDIVISION  four  of
this section.  Commencing upon such acceptance, the environmental impact
statement  process shall run concurrently with other procedures relating
to the review and approval of the action so long as reasonable  time  is
provided for preparation, review and public hearings with respect to the
draft environmental impact statement.
  S  4.  Subdivisions  3 and 4 of section 14.07 of the parks, recreation
and historic preservation law, as added by chapter 354 of  the  laws  of
1980, are amended to read as follows:
  3.  THE COMMISSIONER SHALL DETERMINE WHICH PROPERTIES WITHIN THE STATE
ARE ELIGIBLE FOR INCLUSION ON THE STATE REGISTER. ELIGIBILITY  SHALL  BE
DETERMINED BY WHETHER THE EDGE OF A PROPERTY IS LOCATED WITHIN A MILE OF
ANY  PROPERTY  DESIGNATED AS A STATE HISTORIC PLACE OR NATIONAL HISTORIC
PLACE, OR A PROPERTY IS LOCATED IN AN AREA WHERE CULTURAL OR  HISTORICAL
ACTIVITIES ARE LIKELY TO HAVE OCCURRED BASED ON ARCHAEOLOGICAL PRECEDENT
OR HISTORICAL EVIDENCE. THE COMMISSIONER SHALL UPDATE THE LIST OF ELIGI-
BLE  PROPERTIES  FOR  THE  STATE REGISTER EVERY THREE YEARS. THE INITIAL
LIST SHALL BE PUBLISHED IN DRAFT FORM  AND  MADE  AVAILABLE  FOR  PUBLIC
COMMENT  WITH A PUBLIC COMMENT PERIOD OF NO LESS THAN SIXTY DAYS, AND BE
THE SUBJECT OF NO LESS THAN AT LEAST THREE  PUBLIC  HEARINGS  THROUGHOUT
THE  STATE. SUBSEQUENT ADDITIONS TO THE REGISTER OF ANY PROPERTIES SHALL
BE THE SUBJECT OF AT LEAST ONE PUBLIC HEARING AND A PUBLIC COMMENT PERI-
OD OF NO LESS THAN THIRTY DAYS. THE COMMISSIONER SHALL PUBLISH A MAP  OF
ALL PROPERTIES INCLUDED ON THE LIST OF ELIGIBLE PROPERTIES FOR THE STATE
REGISTER  ON  ITS  WEBSITE,  AND PROVIDE A COPY OF SUCH MAP TO ALL STATE
AGENCIES, PUBLIC AUTHORITIES AND MUNICIPAL GOVERNMENTS.
  4. Statewide comprehensive historic preservation plan. The commission-
er, in consultation with the board, shall prepare a statewide comprehen-
sive historic preservation plan. This plan may include proposals for the
preservation and use of  registered  property.  The  annual  state  plan

A. 4240                             3

submitted  to  the  Heritage  Conservation and Recreation Service in the
United States Department  of  Interior  may  substantially  be  used  in
preparing  this  plan.  The agency preservation officers shall cooperate
and  municipal  officials  may  cooperate  with  the commissioner in the
promulgation of plans and proposals in relation to historic places with-
in their respective jurisdictions. The  commissioner  shall  update  the
plan annually. The commissioner shall annually notify every agency pres-
ervation officer and municipal official of the availability of the state
plan  or the annual update and a copy of the annual plan or update shall
be sent to every agency  preservation  officer  and  municipal  official
requesting such a plan or update.
  [4]  5.  From funds available from the federal government for historic
preservation purposes which may be used for reimbursement as hereinafter
provided, and funds appropriated by the state for the purpose of assist-
ing local and regional preservation programs,  OR  FOR  THE  PURPOSE  OF
ARCHAEOLOGICAL SURVEY AS MAY BE REQUIRED BY THE COMMISSIONER PURSUANT TO
PERMIT  REQUIREMENTS  UNDER  ARTICLE  EIGHT OR SEVENTEEN OF THE ENVIRON-
MENTAL CONSERVATION LAW, including funds for OTHER SUCH survey and plan-
ning, the commissioner may provide reimbursement to  municipalities  and
private  organizations  which  undertake surveys and studies of historic
places and  cultural  resources,  prepare  local  historic  preservation
reports or otherwise assist the commissioner in carrying out his histor-
ic preservation responsibilities.
  S  5. The state finance law is amended by adding a new section 99-w to
read as follows:
  S 99-W. THE NEW YORK STATE ARCHAEOLOGICAL SURVEY ASSISTANCE  FUND.  1.
THERE  IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND
THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION A FUND FOR THE REIMBURSE-
MENT OF COSTS ASSOCIATED WITH AN ARCHAEOLOGICAL SURVEY, WHEN  A  MUNICI-
PALITY  OR PRIVATE ORGANIZATION IS DIRECTLY REQUIRED BY THE COMMISSIONER
OF THE OFFICE  OF  PARKS,  RECREATION  AND  HISTORIC  PRESERVATION,  THE
COMMISSIONER  OF  THE  DEPARTMENT  OF ENVIRONMENTAL CONSERVATION, OR ANY
RELATED STATE AGENCY HEAD IN THE STATE  TO  UNDERTAKE  THE  SURVEY.  THE
ADMINISTRATION  OF  SUCH  FUND  SHALL  BE THE SOLE RESPONSIBILITY OF THE
COMMISSIONER OF THE OFFICE OF PARKS, RECREATION AND  HISTORIC  PRESERVA-
TION.
  2. THE FUND WILL CONSIST OF APPROPRIATED FEDERAL FUNDS FOR THE PURPOSE
OF  ARCHAEOLOGICAL SURVEYING OR APPROPRIATED STATE FUNDS FOR THE PURPOSE
OF ARCHAEOLOGICAL SURVEYING.
  3. IN DEVELOPING THE ADMINISTRATION OF THE FUND, THE  COMMISSIONER  OF
THE  OFFICE  OF PARKS, RECREATION AND HISTORIC PRESERVATION, IN CONJUNC-
TION WITH THE COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL  CONSERVA-
TION, SHALL DEVELOP GUIDELINES FOR THE REIMBURSEMENT OF COSTS ASSOCIATED
WITH  AN ARCHAEOLOGICAL SURVEY UNDERTAKEN BY A MUNICIPALITY OR A PRIVATE
ORGANIZATION. SUCH GUIDELINES SHALL, AT A MINIMUM, PROVIDE THAT:
  (A) IF AN ARCHAEOLOGICAL SURVEY  DOES  NOT  YIELD  ANY  HISTORICAL  OR
CULTURAL  ARTIFACTS,  THE COSTS OF SUCH SURVEY SHALL BE FULLY REIMBURSED
BY THE FUND;
  (B) IF AN ARCHAEOLOGICAL SURVEY  DOES  YIELD  HISTORICAL  OR  CULTURAL
ARTIFACTS  AND  THE  COST  OF  SUCH SURVEY IS UNDER ONE HUNDRED THOUSAND
DOLLARS, AT LEAST HALF THE COST OF SUCH SURVEY SHALL  BE  REIMBURSED  BY
THE FUND;
  (C)  IF  AN  ARCHAEOLOGICAL  SURVEY  DOES YIELD HISTORICAL OR CULTURAL
ARTIFACTS AND THE COST OF SUCH  SURVEY  IS  OVER  ONE  HUNDRED  THOUSAND
DOLLARS, THE COMMISSIONER OF THE OFFICE OF PARKS, RECREATION AND HISTOR-
IC  PRESERVATION  SHALL  DETERMINE  AN  APPROPRIATE REIMBURSEMENT LEVEL,

A. 4240                             4

PROVIDED THAT SUCH REIMBURSEMENT BY THE FUND SHALL BE NO LESS THAN TWEN-
TY-FIVE PERCENT.
  4.  WITHIN  NINETY  DAYS  OF  THE  EFFECTIVE DATE OF THIS SECTION, THE
COMMISSIONER OF THE OFFICE OF PARKS, RECREATION AND  HISTORIC  PRESERVA-
TION  SHALL  ESTABLISH RULES AND REGULATIONS FOR ADMINISTERING THE FUND,
INCLUDING, BUT NOT LIMITED TO, AN APPLICATION PROCESS,  A  TIMELINE  FOR
REIMBURSING  MUNICIPALITIES  OR  PRIVATE ORGANIZATIONS THAT ARE DIRECTLY
REQUIRED TO UNDERTAKE AN ARCHAEOLOGICAL SURVEY, AND ANY OTHER  RULES  OR
REGULATIONS THAT THE COMMISSIONER DEEMS NECESSARY.
  S 6. This act shall take effect immediately.