Bill Text: NY A09827 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires the commissioner to promulgate rules and regulations requiring entities proposing construction of a new building development within one mile of a transit facility to submit environmental impact statements; defines transit facility.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-02-19 - referred to transportation [A09827 Detail]

Download: New_York-2019-A09827-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9827

                   IN ASSEMBLY

                                    February 19, 2020
                                       ___________

        Introduced by M. of A. KIM -- read once and referred to the Committee on
          Transportation

        AN  ACT  to  amend  the transportation law, in relation to requiring the
          submission of environmental impact statements  by  entities  proposing
          construction of a new building development within one mile of a trans-
          it facility

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

     1    Section 1. Section 14 of the transportation law is amended by adding a
     2  new subdivision 36 to read as follows:
     3    36. (a) To promulgate, in consultation with the department of environ-
     4  mental conservation, rules and regulations requiring any entity  propos-
     5  ing  construction  of  a new building development within one mile of any
     6  transit facility to submit an  environmental  impact  statement  to  the
     7  department.  Such  environmental impact statement shall conform with the
     8  requirements of article eight of the environmental conservation law  and
     9  shall  contain a thorough investigation of the underground environmental
    10  impact, including but not limited to, current and potential contribution
    11  to  soil  toxicity,  the  effects  of  the  exploitation  of  geo-energy
    12  resources (such as the fracking and transmission of shale gas), geother-
    13  mal energy generation, and the sequestration of carbon dioxide.
    14    (b)  For  purposes of this subdivision, the following terms shall have
    15  the following meanings:
    16    (i) "Building development" shall mean the proposed construction  of  a
    17  road or structure.
    18    (ii)  "Transit  facility" shall mean a rapid transit railroad, omnibus
    19  line or any other facility or any  railroad  used  for  service  in  the
    20  transportation  of  passengers  as  common  carriers  for hire or in the
    21  transportation of the United States mail or personal property,  and  any
    22  portion  thereof  and the rights, leaseholds or other interests therein,
    23  together with the devices and appurtenances,  facilities  and  equipment
    24  thereof  and  power  plants  and  other instrumentalities used or useful
    25  therefor or in connection  therewith.  Transit  facility  shall  include
    26  airports,  bus  terminals,  ferry  terminals  and  any  other  structure

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15286-01-0
        A. 9827                             2

     1  designed to effectuate or coordinate the use and accessibility  of  mass
     2  transportation in the state, including facilities under the authority of
     3  the  metropolitan transit authority, the New York city transit authority
     4  and the port authority of New York and New Jersey.
     5    § 2. This act shall take effect immediately.