Bill Text: NY A04132 | 2011-2012 | General Assembly | Introduced

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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

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                           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.