S T A T E O F N E W Y O R K
________________________________________________________________________
3515
2021-2022 Regular Sessions
I N A S S E M B L Y
January 27, 2021
___________
Introduced by M. of A. KIM, ROZIC -- 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06067-01-1
A. 3515 2
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
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.