Relates to the time period for state environmental quality review

1 Co-sponsor

• Terrence P. Murphy

BILL NUMBER:S5395

Title of bill

An act to amend the environmental conservation law, in relation to the time period for state environmental quality review

Purpose or general idea of bill

This bill will ensure that the State Environmental Quality Reviews are completed in a timely manner.

Summary of specific provisions

Wording is added to Section 8-0107 of the environmental conservation law, as added by chapter 612 of the laws of 1975 to make time periods set forth or established pursuant to a regulation shall be mandatory and are not subject to extension unless the applicant or project sponsor agrees to a period of extension.

Justification

While the intent of the State Environmental Quality Review law (SEQR) is not in dispute, it is clear that the process could use some reform in an effort to reduce costly delays in the process of approving projects. Developers, municipalities and third parties expend significant financial and other resources to comply with the requirements of SEQR. When a project is undertaken there is a continuing cost in financing and property taxes, along with the costs to comply with SEQR. To ensure effective use of resources and from a fairness perspective to provide developers with timely answers, this bill would mandate adherence to SEQR timelines unless the applicant agrees to an extension of a timeline. Certainty is important to developers seeking to invest in a project. This bill would be a positive inducement to enter into the development process with no corresponding downside to the community or third party participants.

Prior legislative history

New Bill

Fiscal implications

None

Effective date

This shall take effect immediately.