Bill Text: NY A09877 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to the preparation of environmental impact statements.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-05-27 - referred to environmental conservation [A09877 Detail]

Download: New_York-2013-A09877-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9877
                                 I N  A S S E M B L Y
                                     May 27, 2014
                                      ___________
       Introduced by M. of A. FRIEND -- read once and referred to the Committee
         on Environmental Conservation
       AN  ACT  to amend the environmental conservation law, in relation to the
         preparation of environmental impact statements
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  5  of  section  8-0109  of the environmental
    2  conservation law, as amended by chapter 252 of the  laws  of  1977,  the
    3  opening  paragraph  as  amended  by  chapter 749 of the laws of 1991, is
    4  amended to read as follows:
    5    5. After the filing of a  draft  environmental  impact  statement  the
    6  agency shall determine whether or not to conduct a public hearing on the
    7  environmental impact of the proposed action. If the agency determines to
    8  hold  such a hearing, it shall commence the hearing within sixty days of
    9  the filing and unless the proposed action is  withdrawn  from  consider-
   10  ation shall prepare the environmental impact statement within forty-five
   11  days  after  the close of the hearing, except as otherwise provided. The
   12  need for such a hearing shall be determined in  accordance  with  proce-
   13  dures  adopted by the agency pursuant to section 8-0113 of this article.
   14  If no hearing is held, the agency shall prepare and make  available  the
   15  environmental impact statement within sixty days after the filing of the
   16  draft,  except  as otherwise provided.  WITH RESPECT TO A PUBLIC HEARING
   17  COMMENCED IN RELATION TO A DRAFT ENVIRONMENTAL IMPACT STATEMENT PREPARED
   18  IN CONNECTION WITH AN APPLICATION FOR OBTAINING AN UNDERGROUND GAS STOR-
   19  AGE PERMIT PURSUANT TO SECTION 23-1301 OF THIS  CHAPTER,  NO  ADDITIONAL
   20  HEARING  OR HEARINGS SHALL BE SCHEDULED OR COMMENCED AFTER TWELVE MONTHS
   21  FROM THE DATE OF THE FIRST PUBLIC HEARING OR WITHIN THIRTY DAYS  OF  THE
   22  CHAPTER  OF THE LAWS OF TWO THOUSAND FOURTEEN THAT AMENDED THIS SUBDIVI-
   23  SION TAKES EFFECT, WHICHEVER IS LONGER.
   24    Notwithstanding the specified time periods established by  this  arti-
   25  cle,  an  agency shall vary the times so established herein for prepara-
   26  tion, review and public hearings to coordinate the environmental  review
   27  process  with  other  procedures  relating  to review and approval of an
   28  action. An application for a permit or authorization for an action  upon
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15341-01-4
       A. 9877                             2
    1  which  a  draft  environmental  impact  statement  is  determined  to be
    2  required shall not be complete until such draft statement has been filed
    3  and accepted by the  agency  as  satisfactory  with  respect  to  scope,
    4  content  and  adequacy  for  purposes of [paragraph] SUBDIVISION four of
    5  this section.  Commencing upon such acceptance, the environmental impact
    6  statement process shall run concurrently with other procedures  relating
    7  to  the  review and approval of the action so long as reasonable time is
    8  provided for preparation, review and public hearings with respect to the
    9  draft environmental impact statement.  WITH RESPECT TO A DRAFT  ENVIRON-
   10  MENTAL  IMPACT  STATEMENT PREPARED IN CONNECTION WITH AN APPLICATION FOR
   11  OBTAINING AN UNDERGROUND GAS STORAGE PERMIT PURSUANT TO SECTION  23-1301
   12  OF  THIS CHAPTER, THE DEPARTMENT SHALL FILE A FINAL ENVIRONMENTAL IMPACT
   13  STATEMENT NO LATER THAN NINETY DAYS AFTER THE ADJOURNMENT  OF  THE  LAST
   14  PUBLIC  HEARING  OR WITHIN NINETY DAYS OF THE CHAPTER OF THE LAWS OF TWO
   15  THOUSAND FOURTEEN THAT AMENDED THIS SUBDIVISION TAKES EFFECT,  WHICHEVER
   16  IS LONGER.
   17    S  2.  This  act  shall take effect immediately and shall apply to all
   18  draft environmental impact statements currently being prepared or  under
   19  review  in  connection  with an application for obtaining an underground
   20  gas storage permit pursuant to  section  23-1301  of  the  environmental
   21  conservation law.