NY State Senate Bill 2015-S4405A

Senate Bill S4405A

2015-2016 Legislative Session

Requires the preparation of supplemental environmental impact statements prior to the renewal of certain permits

download bill text pdf

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

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to environmental conservation
May 04, 2015	print number 4405a
May 04, 2015	amend and recommit to environmental conservation
Mar 18, 2015	referred to environmental conservation

Bill Amendments

Original

A (Active)

2015-S4405 - Details

See Assembly Version of this Bill:: A5264
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation

2015-S4405 - Summary

Requires the preparation of supplemental environmental impact statements prior to the renewal of certain permits.

2015-S4405 - Sponsor Memo

                                BILL NUMBER:S4405

TITLE OF BILL:  An act relating to supplemental environmental impact
statements

PURPOSE:

Requires the preparation of supplemental environmental impact
statements prior to the renewal of certain expired permits.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Requires the preparation of a Supplemental Environmental
Impact Statement (SEIS) upon the petition of 2500 residents in a city
with a population of one million or more to the Department Of
Environmental Conservation (DEC) prior to the renewal of state permits
that expired on October 14, 2014 and all construction activities
related to expired permits suspended until such SEIS is finalized.

Section 2. Requires at least two public hearings prior to the drafting
of the SEIS, a review of the environmental impacts of significant
flooding events including Superstorm Sandy and address all public
concerns such as air quality. The public hearings must be held prior
to the drafting of the SEIS and no less than 90 days after the
petition is received by the DEC.

Section 3. Requires at least two public hearings within 60 days after
the draft SEIS is published.

Section 4. Requires the SEIS to meet the requirements of the most
detailed Environmental Impact Statement (EIS) required by Article 8 of
the Environmental Conservation Law or by any rule or regulation
promulgated by such law.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

None.

JUSTIFICATION:

This legislation will suspend the construction of a facility that
requires much needed public hearings and a Supplemental Environmental
Impact Statement before construction is completed. This will allow the
very substantial health concerns of residents to be heard and
addressed in light of Superstorm Sandy, deterioration of air quality
and other developments since the issuance of the original permits in
2009. Especially during these times when public confidence in
government is in need of strengthening, public hearings can help
restore trust in our democratic process.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.


EFFECTIVE DATE:

This act shall take effect immediately.

2015-S4405 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4405

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 18, 2015
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT relating to supplemental environmental impact statements

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  1. Upon a petition signed by 2,500 or more residents in a
city with a population of one million or more, submitted to the  depart-
ment  of environmental conservation, prior to the renewal of the follow-
ing state  permits  that  expired  on  October  14,  2014:  state  tidal
wetlands;  water quality; protection of waters; air state facility; and,
part 360 solid waste management facility,
  (a) a Supplemental Environmental  Impact  Statement  (SEIS)  shall  be
prepared, and
  (b)  all  construction  activities  related  to  such permits shall be
suspended until such SEIS is finalized.
  2. The SEIS shall, at a minimum, include a review of the environmental
impacts of significant flooding events including Superstorm  Sandy,  and
address  all  public  concerns  and  comments raised at no less than two
public hearings which shall be held (i) prior to  the  drafting  of  the
SEIS  in  the  area affected, and (ii) no less than ninety calendar days
after the petition is received. Notice to the public shall be  given  by
publication of a notice of hearing in the environmental notice bulletin,
in  a  newspaper having general circulation in the area affected, and in
such other manner as the department of  environmental  conservation  may
direct, if any.
  3. After the preparation of a draft SEIS no less than two public hear-
ings  shall  be  held,  which  shall  commence  within sixty days of the
filing.
  4. The SEIS shall meet the requirements of the most detailed  environ-
mental  impact  statement required by article eight of the environmental
conservation law or by any such rule or regulation promulgated  pursuant
to article eight of the environmental conservation law.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD09113-02-5

2015-S4405A (ACTIVE) - Details

See Assembly Version of this Bill:: A5264
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation

2015-S4405A (ACTIVE) - Summary

Requires the preparation of supplemental environmental impact statements prior to the renewal of certain permits.

2015-S4405A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4405A

TITLE OF BILL:  An act relating to supplemental environmental impact
statements

PURPOSE OR GENERAL IDEA OF BILL:

Requires the preparation of supplemental environmental impact
statements prior to the renewal of certain expired or active permits.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Requires the preparation of a Supplemental Environmental
Impact Statement (SEIS) upon the petition of 2500 residents in a city
with a population of one million or more to the Department Of
Environmental Conservation (DEC) prior to the renewal or during any
ongoing construction activities of state permits that expired on
October 14, 2014 or July 31, 2017 and all construction activities
related to expired or active permits suspended until such SEIS is
finalized.

Section 2. Requires at least two public hearings prior to the drafting
of the SEIS, a review of the environmental impacts of significant
flooding events including Superstorm Sandy and address all public
concerns such as air quality. The public hearings must be held prior
to the drafting of the SEIS and no less than 90 days after the

petition is received by the DEC.

Section 3. Requires at least two public hearings within 60 days after
the draft SEIS is published.

Section 4. Requires the SEIS to meet the requirements of the most
detailed Environmental Impact Statement (EIS) required by Article 8 of
the Environmental Conservation Law or by any rule or regulation
promulgated by such law.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

None.

JUSTIFICATION:

This legislation will suspend the construction of a facility that
requires much needed public hearings and a Supplemental Environmental
Impact Statement before construction is completed. This will allow the
very substantial health concerns of residents to be heard and
addressed in light of Superstorm Sandy, deterioration of air quality
and other developments since the issuance of the original permits in
2009. Especially during these times when public confidence in
government is in need of strengthening, public hearings can help
restore trust in our democratic process.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:


None.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S4405A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4405--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 18, 2015
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN ACT relating to supplemental environmental impact statements

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. 1. Upon a petition signed by 2,500 or more residents  in  a
city  with a population of one million or more, submitted to the depart-
ment of environmental conservation, prior to the renewal or  during  any
ongoing  construction  activities  at  the  site  of the following state
permits    to    wit:    DEC    permit    number     2-6204-00007/00013,
2-6204-00007/00014,  2-6204-00007/00015, 2-6204-00007/00016 that expired
on October 14, 2014 or during any ongoing activities at the site on  the
following    DEC    permit   numbers   to   wit:   DEC   permit   number
2-6106-00002/00022,       2-6106-00002/00023,        2-6106-00002/00024,
2-6106-00002/00025  which  will expire on or around July 31, 2017: state
tidal wetlands; water quality; protection of waters; air state facility;
and, part 360 solid waste management facility,
  (a) a Supplemental Environmental  Impact  Statement  (SEIS)  shall  be
prepared, and
  (b)  all  construction  activities  related  to  such permits shall be
suspended until such SEIS is finalized.
  2. The SEIS shall, at a minimum, include a review of the environmental
impacts of significant flooding events including Superstorm  Sandy,  and
include  and  address all public concerns and comments raised at no less
than two public hearings which shall be held (i) prior to  the  drafting
of  the SEIS in the area affected, and (ii) no less than ninety calendar
days after the petition is received. Notice to the public shall be given
by publication of a notice of hearing in the environmental notice bulle-
tin, in a newspaper having general circulation in the area affected, and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09113-04-5

S. 4405--A                          2

in such other manner as the department of environmental conservation may
direct, if any.
  3. After the preparation of a draft SEIS no less than two public hear-
ings  shall  be  held,  which  shall  commence  within sixty days of the
filing.
  4. The SEIS shall meet the requirements of the most detailed  environ-
mental  impact  statement required by article eight of the environmental
conservation law or by any such rule or regulation promulgated  pursuant
to article eight of the environmental conservation law.
  S 2. This act shall take effect immediately.

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