Assembly Bill A9827

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9827
 
                           I N  A S S E M B L Y
 
                             February 19, 2020
                                ___________
 
 Introduced by M. of A. KIM -- read once and referred to the Committee on
   Transportation
 
 AN  ACT  to  amend  the transportation law, in relation to requiring the
   submission of environmental impact statements  by  entities  proposing
   construction of a new building development within one mile of a trans-
   it facility
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 14 of the transportation law is amended by adding a
 new subdivision 36 to read as follows:
   36. (A) TO PROMULGATE, IN CONSULTATION WITH THE DEPARTMENT OF ENVIRON-
 MENTAL CONSERVATION, RULES AND REGULATIONS REQUIRING ANY ENTITY  PROPOS-
 ING  CONSTRUCTION  OF  A NEW BUILDING DEVELOPMENT WITHIN ONE MILE OF ANY
 TRANSIT FACILITY TO SUBMIT AN  ENVIRONMENTAL  IMPACT  STATEMENT  TO  THE
 DEPARTMENT.  SUCH  ENVIRONMENTAL IMPACT STATEMENT SHALL CONFORM WITH THE
 REQUIREMENTS OF ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW  AND
 SHALL  CONTAIN A THOROUGH INVESTIGATION OF THE UNDERGROUND ENVIRONMENTAL
 IMPACT, INCLUDING BUT NOT LIMITED TO, CURRENT AND POTENTIAL CONTRIBUTION
 TO  SOIL  TOXICITY,  THE  EFFECTS  OF  THE  EXPLOITATION  OF  GEO-ENERGY
 RESOURCES (SUCH AS THE FRACKING AND TRANSMISSION OF SHALE GAS), GEOTHER-
 MAL ENERGY GENERATION, AND THE SEQUESTRATION OF CARBON DIOXIDE.
   (B)  FOR  PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (I) "BUILDING DEVELOPMENT" SHALL MEAN THE PROPOSED CONSTRUCTION  OF  A
 ROAD OR STRUCTURE.
   (II)  "TRANSIT  FACILITY" SHALL MEAN A RAPID TRANSIT RAILROAD, OMNIBUS
 LINE OR ANY OTHER FACILITY OR ANY  RAILROAD  USED  FOR  SERVICE  IN  THE
 TRANSPORTATION  OF  PASSENGERS  AS  COMMON  CARRIERS  FOR HIRE OR IN THE
 TRANSPORTATION OF THE UNITED STATES MAIL OR PERSONAL PROPERTY,  AND  ANY
 PORTION  THEREOF  AND THE RIGHTS, LEASEHOLDS OR OTHER INTERESTS THEREIN,
 TOGETHER WITH THE DEVICES AND APPURTENANCES,  FACILITIES  AND  EQUIPMENT
 THEREOF  AND  POWER  PLANTS  AND  OTHER INSTRUMENTALITIES USED OR USEFUL
 THEREFOR OR IN CONNECTION  THEREWITH.  TRANSIT  FACILITY  SHALL  INCLUDE
 AIRPORTS,  BUS  TERMINALS,  FERRY  TERMINALS  AND  ANY  OTHER  STRUCTURE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15286-01-0

 A. 9827                             2
 
 DESIGNED TO EFFECTUATE OR COORDINATE THE USE AND ACCESSIBILITY  OF  MASS
 TRANSPORTATION IN THE STATE, INCLUDING FACILITIES UNDER THE AUTHORITY OF
 THE  METROPOLITAN TRANSIT AUTHORITY, THE NEW YORK CITY TRANSIT AUTHORITY
 AND THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY.
   § 2. This act shall take effect immediately.