S T A T E O F N E W Y O R K
________________________________________________________________________
1977
2021-2022 Regular Sessions
I N S E N A T E
January 16, 2021
___________
Introduced by Sen. JACKSON -- 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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02337-01-1
S. 1977 2
(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] ARTICLE.
§ 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.