The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11070
 
                           I N  A S S E M B L Y
 
                              October 7, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Fahy) --
   read once and referred to the Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   including  comprehensive climate change risk analysis as part of every
   environmental assessment statement and requiring updates to rules  and
   regulations regarding the state environmental quality review
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (i), (i) and (j) of  subdivision  2  of  section
 8-0109  of the environmental conservation law, paragraph (i) as added by
 chapter 182 of the laws of 1990, paragraph (i) as amended by chapter 238
 of the laws of 1991 and paragraph (j) as amended by chapter 219  of  the
 laws of 1990, are amended to read as follows:
   (i)  effects of proposed action on solid waste management where appli-
 cable and significant; [and
   (i)] (J) effects of any proposed action on, and its consistency  with,
 the  comprehensive management plan of the special groundwater protection
 area program, as implemented by the  commissioner  pursuant  to  article
 fifty-five of this chapter; [and
   (j)]  (K)  MEASUREMENT  AND  ANALYSIS OF ALL IMPACTS OF CLIMATE CHANGE
 INCLUDING, BUT NOT LIMITED TO, SURFACE AIR  TEMPERATURE  CHANGES,  ATMO-
 SPHERIC  CHEMISTRY  CHANGES, EXTREME PRECIPITATION CHANGES, DROUGHT RISK
 CHANGES, SEA LEVEL CHANGES, SUCH MEASUREMENT AND ANALYSIS SHALL BE  DONE
 FOR EVERY ASPECT OF AN ACTION;
   (L)  THE  CARBON  FOOTPRINT PER PERSON PER BUILDING BLOCK PRIOR TO THE
 PROPOSED ACTION AND AT THE CONCLUSION OF A REASONABLE WORST CASE  DEVEL-
 OPMENT SCENARIO FOR SUCH PROPOSED ACTION, AS APPLICABLE;
   (M) A REASONABLE WORST CASE DEVELOPMENT SCENARIO PERIOD OF ONE HUNDRED
 YEARS  FOR  ASSESSING POTENTIAL FLOODING RISKS AND ENVIRONMENTAL IMPACTS
 FOR THE LIFE OF ANY NEW BUILDING WHICH IS PART OF A PROPOSED ACTION; AND
   (N) such other information consistent with the purposes of this  arti-
 cle as may be prescribed in guidelines issued by the commissioner pursu-
 ant to section 8-0113 of this chapter.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD16385-01-0

 A. 11070                            2
 
   §  2.  Section 8-0113 of the environmental conservation law is amended
 by adding a new subdivision 5 to read as follows:
   5.  THE COMMISSIONER SHALL UPDATE ANY RULES AND REGULATIONS RELATED TO
 THE STATE ENVIRONMENTAL QUALITY REVIEW NO  LESS  THAN  ONCE  EVERY  FIVE
 YEARS  TO  ACCOUNT  FOR  CHANGES OR UPDATES IN ANY REPORTS ISSUED BY THE
 INTERGOVERNMENTAL PANEL ON CLIMATE CHANGE AND THE NEW YORK CITY PANEL ON
 CLIMATE CHANGE.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.