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Senate Bill S9446

2023-2024 Legislative Session

Relates to environmental quality reviews of certain housing development projects

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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

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2023-S9446 (ACTIVE) - Details

Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§8-0107 & 8-0105, En Con L
Versions Introduced in 2025-2026 Legislative Session:
S3545

2023-S9446 (ACTIVE) - Summary

Relates to environmental quality reviews of housing development projects that propose to build twenty or more units; provides that municipalities shall not be prohibited from performing their own environmental reviews.

2023-S9446 (ACTIVE) - Sponsor Memo

2023-S9446 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9446
 
                             I N  S E N A T E
 
                               May 15, 2024
                                ___________
 
 Introduced  by Sen. BORRELLO -- 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 envi-
   ronmental quality reviews of certain housing development projects
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section  8-0107 of the environmental conservation law, as
 added by chapter 612 of the laws of 1975, is amended to read as follows:
 § 8-0107. Agency implementation.
   1. All agencies shall review their present statutory authority, admin-
 istrative regulations, and  current  policies  and  procedures  for  the
 purpose  of determining whether there are any deficiencies or inconsist-
 encies therein which prohibit full  compliance  with  the  purposes  and
 provisions  of this article, and shall recommend or effect such measures
 as may be necessary to bring their authority and policies into conformi-
 ty with the intent, purposes, and procedures set forth in this  article.
 They  shall  carry out its terms with minimum procedural and administra-
 tive delay, shall avoid unnecessary duplication of reporting and  review
 requirements  by providing, where feasible, for combined or consolidated
 proceedings, and shall expedite all proceedings hereunder in the  inter-
 ests of prompt review.  TIME PERIODS SET FORTH IN THIS ARTICLE OR ESTAB-
 LISHED  PURSUANT  TO  REGULATION  SHALL  BE  MANDATORY  AND SHALL NOT BE
 SUBJECT TO ANY PERIOD OF EXTENSION UNLESS THE APPLICANT OR PROJECT SPON-
 SOR AGREES TO A PERIOD OF EXTENSION.
   2. NOTHING IN THIS ARTICLE SHALL PROHIBIT A MUNICIPALITY FROM PERFORM-
 ING ITS OWN ENVIRONMENTAL REVIEW, BASED ON RULES AND REGULATIONS PROMUL-
 GATED BY THE DEPARTMENT, OF A HOUSING DEVELOPMENT PROJECT, AND ISSUING A
 DENIAL FOR A PERMIT BASED ON SUCH REVIEW.
   § 2. Paragraph (iii) of subdivision 5 of section 8-0105 of  the  envi-
 ronmental  conservation  law,  as  amended by chapter 228 of the laws of
 1976, is amended and a new paragraph (iv) is added to read as follows:
   (iii) maintenance  or  repair  involving  no  substantial  changes  in
 [exsiting] EXISTING structure or facility[.]; OR
   (IV)  A  HOUSING  DEVELOPMENT PROJECT THAT PROPOSES TO BUILD TWENTY OR
 MORE UNITS.
   § 3. This act shall take effect immediately.

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