What's happening
This bill requires environmental impact statements in New York to include analysis of cumulative environmental impacts from proposed projects.
Why it matters
Expands the environmental review process. by requiring state agencies to examine not just the immediate effects of a project, but also how it might combine with other past, present, or reasonably foreseeable future projects to create broader environmental impacts.
Defines "cumulative environmental impacts" in detail. , making it harder for agencies or developers to overlook indirect, incremental, or synergistic effects—such as pollution from multiple sources or a series of related developments that together have a greater effect than each would individually.
Closes loopholes in project-by-project analysis. by specifying that cumulative impacts must be considered even if projects are proposed by different people or agencies, or are not all pending approval at the same time—potentially leading to stricter scrutiny of development in areas already facing environmental stress.
May lead to more robust mitigation requirements. as mitigation plans will now have to address the sum total of impacts, not just those caused by a single project, potentially resulting in stronger environmental protections and influencing project design or approval.
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Who cares
Headline styles
Count Cumulative Environmental Impacts
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to environmental conservation
- Referred to environmental conservation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1360
2017-2018 Regular Sessions
IN SENATE
January 9, 2017
Introduced by Sens. AVELLA, MONTGOMERY -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the requirement for an environmental impact statement
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraphs (b) and (f) of subdivision 2 of section 8-0109 of the environmental conservation law, as amended by chapter 219 of the laws of 1990, are amended and a new paragraph (e-1) is added to read as follows:
(b) the environmental impact of the proposed action including shortterm [and], long-term and cumulative effects;
(e-1) an analysis of the cumulative environmental impacts of the proposed project;
(f) mitigation measures proposed to minimize the environmental impact, including cumulative effects;
§ 2. Section 8-0105 of the environmental conservation law is amended by adding a new subdivision 9 to read as follows:
9. "Cumulative environmental impacts" means environmental impacts that may occur when a proposed action or actions:
(i) may result in changes in two or more elements of the environment;
(ii) when considered together with one or more pending or proposed actions, may result in changes in one or more common elements of the environment;
(iii) will result in one or more other actions likely to be undertaken as a result thereof;
(iv) is a part of a proposal or plan that includes or contemplates one or more other simultaneous or subsequent actions;
(v) is dependent upon approval or completion of one or more other actions;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00734-01-7
S. 1360 2
(vi) is a program or plan having wide application or is a part thereof;
(vii) is a plan, program, or series of actions that will restrict the range of future alternatives, policies, or actions;
(viii) when considered together with existing or background levels of contamination or pollution or actions which have had an adverse effect on the environment, may result in combined or synergistic impacts on the environment; or
(ix) a combination of one or more of the above.
Cumulative environmental impacts shall be considered without regard to whether the action or actions are proposed by the same individual, person, or agency, or whether the action is pending for approval by one or more agencies.
§ 3. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law, in relation to the requirement for an environmental impact statement
Purpose or general idea of the bill
The purpose of this bill is to ensure that lead agencies consider the cumulative effects of a proposed action when an environmental impact statement (EIS) is performed during the state Environmental Quality Review Act (SEQRA) process.
Summary of provisions
This bill would add a new provision to environmental impact statement preparation under SEQRA requiring an analysis of cumulative environmental impacts of a proposed action, including efforts to minimize such impacts.
Read the full memo (797 words)
Under the bill cumulative environmental impacts would be defined as impacts that may occur when a proposed action or actions:
* May result in changes in two or more elements of the environment;
* When considered together with one or more pending or proposed actions, may result in changes in one or more common elements of the environment;
* Will result in one or more other actions likely to be undertaken as a result thereof;
* Is a part of a proposal or plan that includes or contemplates one or more other simultaneous or subsequent actions;
* Is dependent upon approval or completion of one or more other actions;
* Is a plan, program, or series of actions that will restrict the range of future alternatives, policies, or actions;
* When considered together with existing or background levels of contamination or pollution or actions which have had an adverse effect on the environment, may result in combined or synergistic impacts on the environment; or
* A combination of one or more of the above.
* Such impacts would be considered without regard to whether the action or actions are proposed by the same individual, person, or agency, or whether the action is pending for approval by one or more agencies.
Justification
The decision whether or not to prepare an EIS should not be made in isolation from existing community pollution levels or a previous decision requiring that an EIS be prepared for the project when it was proposed in another location. Nonetheless, EIS's have not been required by the department even though these factors are significantly present.
No EIS was required to be prepared by New York City or the Department of Environmental Conservation (DEC) for the Bronx-Lebanon Hospital Regulated Medical Waste Incinerator. This was apparently an important part because the standards and various environmental and risk assessment studies were performed to the satisfaction of DEC. This is unacceptable.
A number of contaminant-emitting facilities are already located in the affected community, and no analysis was prepared and circulated to the public about existing pollution levels in the community and the cumulative impact of these and the new facility. A primary purpose of an EIS is to present pertinent information to the public for its scrutiny and comment. The environmental and risk-assessment data developed should have been released to the public as part of an EIS process. Adding additional consternation to the public in the case in question is that an EIS was required for a similar type of facility located in a rural area of the State.
Presently, a project which is required to have an EIS prepared when proposed at a location in one DEC region is able to move its project to another DEC region and avoid such a requirement. This happened in the case of a transformer incinerator first proposed for relocation within Region 3 which then moved to Region 4. Region 4 staff also recommended that an EIS be prepared, but this was changed by regional and headquarters DEC office staff apparently as a result of intervention requested by the applicant.
Legislative history
2015-2016: S.944 - Referred to Environmental Conservation 2013-2014 - S.321 - A.300 Referred to Environmental Conservation 2011-2012 - S.7272 - Referred to Environmental Conservation 2009-2010 - A.840 - Referred to Environmental Conservation/S.843 - Referred to Environmental Conservation 2007-2008 - A.1009 - Referred to Environmental Conservation 2005-2006 - A.1423- Advanced to 3rd reading Cal. 411/S.3131 - Referred to Environmental Conservation 2003-04- A.2847 - Advanced to 3rd reading cal. 599/S.2988 - Referred to Environmental Conservation 2001-2002- A.1328- Passed Assembly/S.2410 - Referred to Environmental Conservation
Fiscal implications
This bill could lead to preparation of some additional environmental impact statements with associated lead agency review costs. Preparation costs are usually borne by project applicants.
Effective date
This act shall take effect on the one hundred and eightieth day after it shall have become a law; provided, however that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
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