Bill Text: NY A04132 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires an environmental impact statement to include provisions for a follow-up program; requires rules and regulations be adopted on form and content for follow-up program; makes provisions for sample audit and assessments of environmental impact statements; instructs commissioner of environmental conservation to annually audit not less than four completed environmental impact statements for actions which are complete in order to assess how the issues, commitments, recommendations, requirements including public disclosure and impact and questions raised during the environmental review process were performed.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-01-04 - referred to environmental conservation [A04132 Detail]
Download: New_York-2011-A04132-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4132 2011-2012 Regular Sessions I N A S S E M B L Y February 1, 2011 ___________ Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to including a follow-up program to the environmental review process THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 2 of section 8-0109 of the environmental 2 conservation law is amended by adding a new paragraph (g-1) to read as 3 follows: 4 (G-1) THE NEED FOR AND THE REQUIREMENTS OF ANY FOLLOW-UP PROGRAM 5 INCLUDING BUT NOT LIMITED TO A MONITORING PLAN WITH RESPECT TO THE 6 PROPOSED ACTION; 7 S 2. Section 8-0109 of the environmental conservation law is amended 8 by adding a new subdivision 10 to read as follows: 9 10. AN AGENCY WHICH HAS PREPARED AN ENVIRONMENTAL IMPACT STATEMENT 10 SHALL MAINTAIN AND HAVE AVAILABLE TO THE PUBLIC THE INFORMATION RELATED 11 TO THE PREPARATION OF SUCH STATEMENT UNTIL THE FOLLOW-UP PROGRAM WITH 12 RESPECT TO THE PROPOSED ACTION IS COMPLETE. THE PROVISIONS OF THIS 13 SUBDIVISION SHALL NOT BE DEEMED TO AFFECT ANY OTHER PROVISION OF LAW 14 REQUIRING THE MAINTENANCE OF RECORDS FOR A LONGER PERIOD OF TIME. 15 S 3. Subdivision 2 of section 8-0113 of the environmental conservation 16 law is amended by adding a new paragraph (m) to read as follows: 17 (M) FORM AND CONTENT OF A FOLLOW-UP PROGRAM INCLUDING BUT NOT LIMITED 18 TO ONE OR A COMBINATION OF THE FOLLOWING: 19 (1) MITIGATION/COMPENSATION PLAN ADDRESSING THE MEANS BY WHICH THE 20 IDENTIFIED IMPACTS ARE TO BE ADEQUATELY MITIGATED AND/OR COMPENSATED; 21 (2) MONITORING PLAN COVERING THE MONITORING THAT WOULD BE NEEDED TO 22 DETERMINE COMPLIANCE WITH ESTABLISHED REGULATORY REQUIREMENTS AND STAND- 23 ARDS; ESTABLISH THE EFFECTIVENESS OF THE PREDICTIONS, MITIGATION AND/OR 24 COMPENSATION STRATEGIES, PROCEDURES OR TECHNIQUES; AND DETERMINE THE 25 ENVIRONMENTAL EFFECTS OF THE PROPOSED ACTION; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07489-01-1 A. 4132 2 1 (3) RESEARCH PLAN PROVIDING AN INDICATION OF THE RESEARCH REQUIRED TO 2 ADDRESS AREAS WHERE KNOWLEDGE AND INFORMATION ARE LACKING ON THE ENVI- 3 RONMENTAL EFFECTS OF THE PROPOSED ACTION; 4 (4) COMMUNITY INVOLVEMENT PLAN PROVIDING ARRANGEMENTS TO CONSULT AND 5 INVOLVE THE PUBLIC IN THE FOLLOW-UP PROGRAM; AND 6 (5) AUDIT/EVALUATION PLAN IDENTIFYING THE MEANS BY WHICH THE KNOWLEDGE 7 AND INFORMATION ACQUIRED DURING MONITORING AND RESEARCH WOULD BE USED TO 8 MODIFY THE PROJECT TO ENSURE PROTECTION OF THE ENVIRONMENT AND HOW IT 9 WOULD BE USED TO MAKE APPROPRIATE CHANGES TO IMPROVE THE APPLICATION OF 10 ENVIRONMENTAL REVIEWS. 11 S 4. The environmental conservation law is amended by adding a new 12 section 8-0114 to read as follows: 13 S 8-0114. AUDITING AND ASSESSMENT. 14 THE COMMISSIONER SHALL ANNUALLY AUDIT NOT LESS THAN FOUR COMPLETED 15 ENVIRONMENTAL IMPACT STATEMENTS FOR ACTIONS WHICH ARE COMPLETE IN ORDER 16 TO ASSESS HOW THE ISSUES, COMMITMENTS, RECOMMENDATIONS AND REQUIREMENTS, 17 INCLUDING PUBLIC DISCLOSURE, IMPACT AND QUESTIONS RAISED DURING THE 18 ENVIRONMENTAL REVIEW PROCESS WERE PERFORMED. A REPORT ON THE ASSESSMENT 19 SHALL BE MADE TO THE GOVERNOR AND ENVIRONMENTAL COMMITTEES OF THE SENATE 20 AND ASSEMBLY. 21 S 5. This act shall take effect on the one hundred eightieth day after 22 it shall have become a law; provided, however that the addition, amend- 23 ment and/or repeal of any rule or regulation necessary for the implemen- 24 tation of this act on its effective date are authorized and directed to 25 be made and completed on or before such effective date.