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History
- Referred to environmental conservation
- Referred to environmental conservation
Full text
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Sponsor's memo
BILL NUMBER:S1397
Title of bill
An act to amend the environmental conservation law, in relation to environmental impact statements
Purpose
To restructure section 8-0105 in a manner that replicates the EIS process, identifies the proper technical names for EIS documents, comprehensively defines the term 'environment,' adds the term 'infrastructure' to the definition of environment and increases the EIS radius from 1/4 mile to 1/2 mile.
Summary of provisions
To amend Section 8-0105 of the environmental conservation law, subdivisions: 6 -definition of 'environment/environmental' 7 - definition of 'draft environmental impact statement' 8 - definition of 'environmental assessment report' adds 'infrastructure' to the definition of environment/environmental increases the assessed environmental impact radius to one-half mile.
Justification
New York State is a home rule state, meaning that all planning and zoning decisions are determined by the local government; however, the state is responsible for establishing the foundation necessary to make those decisions. In its current form, ECL 8-0105 and ECL 8-0109 are deficient in substance and disorganized in process thereby allowing developers to submit questionable environmental impact statements (EIS) without repudiation. These sections of law set the standards for all development in the state; it affects the health, welfare and safety of our citizens and should be embodied with the same significance. To that extent, the bill also increases the radius of impact to 1/2 mile around the proposed development. By adding 'infrastructure' to that list of considerations, the overall quality of life will be taken into account by the EIS. Elementary and secondary schools, hospitals, police and fire departments, public transportation, public parking, roads and roadway networks and neighborhood amenities are impacted by ill-conceived and excessive development. This then becomes an additional burden upon the local taxpayer because it is not examined under current law.
Fiscal implications
None to the state.
Legislative history
First entered in 2008. 2011-2012: S.1595 - Died in Committee
Effective date
This act shall take effect on the ninetieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.