NY State Senate Bill 2019-S9072

Senate Bill S9072

2019-2020 Legislative Session

Relates to the submission of environmental impact statements by entities proposing construction of a new building development within one mile of a transit facility

download bill text pdf

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 28, 2020	referred to rules

2019-S9072 (ACTIVE) - Details

See Assembly Version of this Bill:: A9827
Current Committee:: Senate Rules
Law Section:: Transportation Law
Laws Affected:: Amd §14, Transp L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S4179, A3515
2023-2024: S5560, A2508

2019-S9072 (ACTIVE) - Summary

Requires the commissioner to promulgate rules and regulations requiring entities proposing construction of a new building development within one mile of a transit facility to submit environmental impact statements; defines transit facility.

2019-S9072 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9072

SPONSOR: COMRIE
 
TITLE OF BILL:

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 transit
facility

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation mandates a complete Environmental Impact Statement
(EIS) to be made for building development proposals that are situated
within one mile of any New York State transit facility.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 14 of the Transportation Law by adding a subdi-
vision 36, which requires entities that propose the development of any
road or structure within one mile of a New York State transit facility

to submit an Environmental Impact Statement (EIS) to the New York State
Department of Environmental Conservation. This EIS must comply with the
requirements as prescribed by Article 8 of the Environmental Conserva-
tion Law, colloquially known as the State Environmental Quality Review
Act (SEQRA); moreover, it additionally clarifies that a rigorous study
of the underground environmental impact be studied, such as the effects
of soil toxicity, geo-energy resource exploitation, and carbon seques-
tration.

Section 2 provides the effective date.

 
JUSTIFICATION:

In light of major milestone bills passed by the Legislature during the
2019-2020 session in the name of climate and environmental justice,
particularly, the passage of the Climate Leadership and Community
Protection Act, it is imperative that any proposed building development
in New York State in the vicinity of a transit facility be subject to a
rigorous environmental and climate impact evaluation to ensure compli-
ance with the 2030 and 2050 greenhouse gas emissions reduction goals. By
mandating the complete Environmental Impact Statement to be conducted
for building development proposals that satisfy this criterion, namely,
studies that go beyond and are more rigorous than a baseline Environ-
mental Assessment Statement, New York State can better ensure that our
actions across the state do indeed contribute to meeting these goals.

 
PRIOR LEGISLATIVE HISTORY:

New iteration.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  None.

 
EFFECTIVE DATE:
Immediately.

2019-S9072 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9072
 
                             I N  S E N A T E
 
                             October 28, 2020
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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

 S. 9072                             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.

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