Bill Text: NY S01360 | 2017-2018 | General Assembly | Introduced

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Bill Title: Requires environmental impact statements to consider cumulative effects of an action for projects in communities already experiencing the impact by polluting facilities; defines "cumulative environmental impacts".

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO ENVIRONMENTAL CONSERVATION [S01360 Detail]

Download: New_York-2017-S01360-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1360
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 9, 2017
                                       ___________
        Introduced  by Sens. AVELLA, MONTGOMERY -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Environmental
          Conservation
        AN ACT to amend the environmental conservation law, in relation  to  the
          requirement for an environmental impact statement
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraphs (b) and (f) of subdivision 2 of  section  8-0109
     2  of  the environmental conservation law, as amended by chapter 219 of the
     3  laws of 1990, are amended and a new paragraph (e-1) is added to read  as
     4  follows:
     5    (b)  the  environmental impact of the proposed action including short-
     6  term [and], long-term and cumulative effects;
     7    (e-1) an analysis of  the  cumulative  environmental  impacts  of  the
     8  proposed project;
     9    (f) mitigation measures proposed to minimize the environmental impact,
    10  including cumulative effects;
    11    §  2.  Section 8-0105 of the environmental conservation law is amended
    12  by adding a new subdivision 9 to read as follows:
    13    9. "Cumulative environmental impacts" means environmental impacts that
    14  may occur when a proposed action or actions:
    15    (i) may result in changes in two or more elements of the environment;
    16    (ii) when considered together with one or  more  pending  or  proposed
    17  actions,  may  result  in  changes in one or more common elements of the
    18  environment;
    19    (iii) will result in one or more other actions likely to be undertaken
    20  as a result thereof;
    21    (iv) is a part of a proposal or plan that includes or contemplates one
    22  or more other simultaneous or subsequent actions;
    23    (v) is dependent upon approval or completion  of  one  or  more  other
    24  actions;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00734-01-7
        S. 1360                             2
     1    (vi)  is a program or plan having wide application or is a part there-
     2  of;
     3    (vii)  is a plan, program, or series of actions that will restrict the
     4  range of future alternatives, policies, or actions;
     5    (viii) when considered together with existing or background levels  of
     6  contamination  or  pollution or actions which have had an adverse effect
     7  on the environment, may result in combined or synergistic impacts on the
     8  environment; or
     9    (ix) a combination of one or more of the above.
    10    Cumulative environmental impacts shall be considered without regard to
    11  whether the action or actions  are  proposed  by  the  same  individual,
    12  person,  or agency, or whether the action is pending for approval by one
    13  or more agencies.
    14    § 3.  This act shall take effect on  the  one  hundred  eightieth  day
    15  after it shall have become a law; provided, however that effective imme-
    16  diately, the addition, amendment and/or repeal of any rule or regulation
    17  necessary  for  the implementation of this act on its effective date are
    18  authorized and directed to be made  and  completed  on  or  before  such
    19  effective date.