Senate Bill S930

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    930
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2017
                                ___________
 
 Introduced  by  Sens. AMEDORE, MURPHY -- 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03838-01-7
              

 S. 930                              2
 
 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.
   § 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.
   § 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.
   § 4. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.