Bill Text: NY A03035 | 2021-2022 | General Assembly | Introduced

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Bill Title: Includes comprehensive climate change risk analysis as part of every environmental assessment statement and requires updates to rules and regulations regarding the state environmental quality review no less than every five years.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-01-05 - referred to environmental conservation [A03035 Detail]

Download: New_York-2021-A03035-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3035

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 22, 2021
                                       ___________

        Introduced  by  M. of A. FAHY -- read once and referred to the Committee
          on Environmental Conservation

        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          including  comprehensive climate change risk analysis as part of every
          environmental assessment statement and requiring updates to rules  and
          regulations regarding the state environmental quality review

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraphs (i), (i) and (j) of  subdivision  2  of  section
     2  8-0109  of the environmental conservation law, paragraph (i) as added by
     3  chapter 182 of the laws of 1990, paragraph (i) as amended by chapter 238
     4  of the laws of 1991 and paragraph (j) as amended by chapter 219  of  the
     5  laws of 1990, are amended to read as follows:
     6    (i)  effects of proposed action on solid waste management where appli-
     7  cable and significant; [and
     8    (i)] (j) effects of any proposed action on, and its consistency  with,
     9  the  comprehensive management plan of the special groundwater protection
    10  area program, as implemented by the  commissioner  pursuant  to  article
    11  fifty-five of this chapter; [and
    12    (j)]  (k)  measurement  and  analysis of all impacts of climate change
    13  including, but not limited to, surface air  temperature  changes,  atmo-
    14  spheric  chemistry  changes, extreme precipitation changes, drought risk
    15  changes, sea level changes, such measurement and analysis shall be  done
    16  for every aspect of an action;
    17    (l)  the  carbon  footprint per person per building block prior to the
    18  proposed action and at the conclusion of a reasonable worst case  devel-
    19  opment scenario for such proposed action, as applicable;
    20    (m) a reasonable worst case development scenario period of one hundred
    21  years  for  assessing potential flooding risks and environmental impacts
    22  for the life of any new building which is part of a proposed action; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02337-01-1
        A. 3035                             2

     1    (n) such other information consistent with the purposes of this  arti-
     2  cle as may be prescribed in guidelines issued by the commissioner pursu-
     3  ant to section 8-0113 of this [chapter] article.
     4    §  2.  Section 8-0113 of the environmental conservation law is amended
     5  by adding a new subdivision 5 to read as follows:
     6    5. The commissioner shall update any rules and regulations related  to
     7  the  state  environmental  quality  review  no less than once every five
     8  years to account for changes or updates in any  reports  issued  by  the
     9  intergovernmental panel on climate change and the New York city panel on
    10  climate change.
    11    §  3.  This  act shall take effect on the ninetieth day after it shall
    12  have become a law.    Effective  immediately,  the  addition,  amendment
    13  and/or repeal of any rule or regulation necessary for the implementation
    14  of  this  act  on  its  effective  date  are  authorized  to be made and
    15  completed on or before such effective date.