NY State Senate Bill 2015-S6932

Senate Bill S6932

2015-2016 Legislative Session

Establishes time periods for the stages of determining and approving environmental impact statements

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2016	committed to rules
May 25, 2016	advanced to third reading
May 24, 2016	2nd report cal.
May 23, 2016	1st report cal.1064
Mar 08, 2016	referred to environmental conservation

Votes

- May 23, 2016 - Environmental Conservation Committee Vote
  S6932
  
  5
  
  Aye
  
  5
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: May 23, 2016
      
      aye (5)
      
      Funke
      
      Little
      
      O'Mara
      
      Ortt
      
      Young
      
      nay (5)
      
      Addabbo Jr.
      
      Espaillat
      
      Hoylman-Sigal
      
      Kaminsky
      
      Latimer
      
      aye wr (3)
      
      Avella
      
      LaValle
      
      Marcellino

co-Sponsors

2015-S6932 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §8-109, En Con L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S930
2019-2020: S1171

2015-S6932 (ACTIVE) - Summary

Establishes time periods for the stages of determining and approving environmental impact statements.

2015-S6932 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6932

 TITLE OF BILL :  An act to amend the environmental conservation law,
in relation to determinations upon the need for an environmental
impact statement, and completion of draft environmental impact
statements and environmental impact statements

 PURPOSE :

This legislation establishes time periods for the stages of
determining and approving environmental impact statements.

 SUMMARY OF PROVISIONS :

Section 1: Amends subdivision 3 of section 8-0109 of the environmental
conservation law, as amended by chapter 252 of the law of 1977.

Section 2: Adds a new subdivision 4-a to section 8-0109 of the
environmental conservation law.

Section 3: Amends subdivision 8 of section 8-0109 of the environmental
conservation law, as amended by chapter 252 of the laws of 1977.

Section 4: Sets the effective date.

 JUSTIFICATION :

The State Environmental Quality Review Act (SEQR) was enacted to help
provide environmental justice. However, in practice, SEQR can be
burdensome and confusing because there is no clear timeline for the
lead agency to adhere to.

This legislation will enact changes to make SEQR more efficient. It
establishes a clear timeline that must be followed by the project
sponsor and lead agency. It also states that no environmental impact
may be added once scoping is complete unless the impact, if it had
been discovered during the scoping process, was significant enough to
have prevented the project from moving forward. Finally, the
legislation deems that the impairment of existing community or
neighborhood character shall not be a relevant consideration on
whether or not a project is able to move forward.

 LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
This act shall take effect on the first of January next succeeding the
date on which it shall have become law.

2015-S6932 (ACTIVE) - Bill Text download pdf

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

                                  6932

                            I N  S E N A T E

                              March 8, 2016
                               ___________

Introduced  by  Sen. AMEDORE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  determinations  upon  the  need for an environmental impact statement,
  and completion of draft environmental impact statements  and  environ-
  mental impact statements

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

  Section 1. Subdivision  3  of  section  8-0109  of  the  environmental
conservation  law,  as  amended  by  chapter 252 of the laws of 1977, is
amended to read as follows:
  3. (A) An agency may require an applicant to submit  an  environmental
report  to  assist  the  agency  in  carrying  out its responsibilities,
including the initial determination and, (where the applicant  does  not
prepare the environmental impact statement), the preparation of an envi-
ronmental  impact  statement  under this article. The agency may request
such other information from an applicant necessary  for  the  review  of
environmental  impacts.  Notwithstanding any use of outside resources or
work, agencies shall make their own independent judgment of  the  scope,
contents and adequacy of an environmental impact statement.
  (B) IN THE EVENT AN AGENCY REQUIRES AN APPLICANT TO SUBMIT AN ENVIRON-
MENTAL  REPORT,  SUCH  AGENCY SHALL PROVIDE NOTICE THEREOF TO THE APPLI-
CANT.
  (I) UPON NOTICE OF THE REQUIREMENT TO SUBMIT AN ENVIRONMENTAL  REPORT,
AN  APPLICANT  SHALL SUBMIT SUCH REPORT TO THE AGENCY WITHIN SIXTY DAYS;
AND
  (II) UPON RECEIPT OF AN ENVIRONMENTAL REPORT FROM  AN  APPLICANT,  THE
AGENCY  SHALL, WITHIN FORTY DAYS, REVIEW AND MAKE A DETERMINATION OF THE
NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT AND THE SUBMISSION OF A DRAFT
ENVIRONMENTAL IMPACT STATEMENT, AND ANY CONDITIONS RELATING TO THE SCOPE
OF THE PROPOSED PROJECT OR ACTION.
  THE TIME PERIODS ESTABLISHED IN THIS PARAGRAPH MAY ONLY BE  WAIVED  BY
MUTUAL CONSENT OF THE AGENCY AND THE APPLICANT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11562-01-5

S. 6932                             2

  S  2.  Section 8-0109 of the environmental conservation law is amended
by adding a new subdivision 4-a to read as follows:
  4-A.  UPON THE FILING OF A DRAFT ENVIRONMENTAL IMPACT STATEMENT PURSU-
ANT TO SUBDIVISION FOUR OF THIS SECTION, THE FINAL COMPLETION AND  ISSU-
ANCE  OF AN ENVIRONMENTAL IMPACT STATEMENT SHALL BE COMPLETED WITHIN ONE
HUNDRED EIGHTY DAYS SUBJECT TO THE FOLLOWING PROVISIONS:
  (A) IF THE LEAD AGENCY FAILS TO REACH A SIGNIFICANCE OF ACTION  DETER-
MINATION  WITHIN  TWENTY DAYS OF RECEIPT OF A DRAFT ENVIRONMENTAL IMPACT
STATEMENT, THERE SHALL BE DEEMED TO HAVE  BEEN  ISSUED  A  DETERMINATION
THAT NO SIGNIFICANCE EXISTS FROM THE PROPOSED ACTION;
  (B)  IF  THE  LEAD  AGENCY  FAILS TO APPROVE THE SCOPE OF THE PROPOSED
ACTION WITHIN SIXTY DAYS OF THE  SUBMISSION  OF  A  DRAFT  ENVIRONMENTAL
IMPACT  STATEMENT,  THE  SCOPE  OF THE PROPOSED ACTION CONTAINED IN SUCH
DRAFT STATEMENT SHALL BE DEEMED TO BE THE SCOPE  OF  THE  ACTION  TO  BE
INCLUDED IN THE FINAL ENVIRONMENTAL IMPACT STATEMENT; AND
  (C)  IN THE EVENT A LEAD AGENCY FAILS TO APPROVE A FINAL ENVIRONMENTAL
IMPACT STATEMENT WITHIN ONE  HUNDRED  EIGHTY  DAYS  OF  RECEIPT  OF  THE
RELATED DRAFT ENVIRONMENTAL IMPACT STATEMENT, SUCH DRAFT STATEMENT SHALL
BE DEEMED TO BE THE ENVIRONMENTAL IMPACT STATEMENT.
  THE TIME PERIODS ESTABLISHED IN THIS SUBDIVISION MAY ONLY BE WAIVED BY
MUTUAL CONSENT OF THE LEAD AGENCY AND THE APPLICANT.
  S 3. Subdivision 8 of section 8-0109 of the environmental conservation
law,  as  amended by chapter 252 of the laws of 1977, is amended to read
as follows:
  8. When an agency decides to carry out or approve an action which  has
been  the subject of an environmental impact statement, it shall make an
explicit finding that the requirements of this section have been met and
that consistent with social,  economic  and  other  essential  consider-
ations, to the maximum extent practicable, adverse environmental effects
revealed in the environmental impact statement process will be minimized
or avoided. PROVIDED, FURTHER, THAT AFTER AN ENVIRONMENTAL IMPACT STATE-
MENT  HAS  BEEN  APPROVED FOR AN ACTION, NO FURTHER ENVIRONMENTAL IMPACT
ISSUES SHALL BE CONSIDERED, UNLESS SUCH ISSUE HAD BEEN CONSIDERED DURING
THE DETERMINATION OF APPROVING SUCH STATEMENT AND SUCH ISSUE WAS SIGNIF-
ICANT ENOUGH TO HAVE PREVENTED THE CONTINUED PROCEEDING OF  THE  ACTION.
FOR  THE PURPOSES OF THIS ARTICLE, THE IMPAIRMENT OF THE EXISTING COMMU-
NITY OR NEIGHBORHOOD CHARACTER SHALL NOT BE A RELEVANT CONSIDERATION FOR
ANY PURPOSE.
  S 4. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

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Senate Bill S6932

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Sponsored By

George Amedore