What's happening
This bill sets specific deadlines for agencies to review environmental reports and impact statements, and limits further review after approval.
Why it matters
Imposes strict timelines on environmental review steps. Agencies and applicants must follow set deadlines (e.g., 60 days for report submission, 40 days for agency review, 180 days to finalize an impact statement), reducing the potential for lengthy or open-ended review processes.
Default approvals if agencies miss deadlines. If agencies do not act within the prescribed timeframes, key decisions such as the scope or approval of environmental impact statements are automatically deemed approved, potentially expediting development projects.
Significantly limits further environmental review after approval. Once an environmental impact statement is approved, no new environmental issues can be raised unless they were previously identified as significant enough to potentially halt the project, which could reduce opportunities for ongoing community or environmental input.
Excludes community character as a factor. The bill specifies that the “impairment of the existing community or neighborhood character” cannot be considered in environmental reviews, potentially making it harder for local concerns about neighborhood changes to influence project outcomes.
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Who cares
Headline styles
Set Deadlines for Impact Statements
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.65
- Referred to environmental conservation
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.855
- Referred to environmental conservation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
930
2017-2018 Regular Sessions
IN SENATE
January 5, 2017
Introduced by Sens. AMEDORE, MURPHY -- 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 determinations upon the need for an environmental impact statement, and completion of draft environmental impact statements and environmental impact statements
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 8-0109 of the environmental conservation law, as amended by chapter 252 of the laws of 1977, is amended to read as follows:
3. (a) An agency may require an applicant to submit an environmental report to assist the agency in carrying out its responsibilities, including the initial determination and, (where the applicant does not prepare the environmental impact statement), the preparation of an environmental impact statement under this article. The agency may request such other information from an applicant necessary for the review of environmental impacts. Notwithstanding any use of outside resources or work, agencies shall make their own independent judgment of the scope, contents and adequacy of an environmental impact statement.
(b) In the event an agency requires an applicant to submit an environmental report, such agency shall provide notice thereof to the applicant.
(i) upon notice of the requirement to submit an environmental report, an applicant shall submit such report to the agency within sixty days; and
(ii) upon receipt of an environmental report from an applicant, the agency shall, within forty days, review and make a determination of the need for an environmental impact statement and the submission of a draft
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03838-01-7
S. 930 2
environmental impact statement, and any conditions relating to the scope of the proposed project or action.
The time periods established in this paragraph may only be waived by mutual consent of the agency and the applicant.
§ 2. Section 8-0109 of the environmental conservation law is amended by adding a new subdivision 4-a to read as follows:
4-a. Upon the filing of a draft environmental impact statement pursuant to subdivision four of this section, the final completion and issuance of an environmental impact statement shall be completed within one hundred eighty days subject to the following provisions:
(a) if the lead agency fails to reach a significance of action determination within twenty days of receipt of a draft environmental impact statement, there shall be deemed to have been issued a determination that no significance exists from the proposed action;
(b) if the lead agency fails to approve the scope of the proposed action within sixty days of the submission of a draft environmental impact statement, the scope of the proposed action contained in such draft statement shall be deemed to be the scope of the action to be included in the final environmental impact statement; and
(c) in the event a lead agency fails to approve a final environmental impact statement within one hundred eighty days of receipt of the related draft environmental impact statement, such draft statement shall be deemed to be the environmental impact statement.
The time periods established in this subdivision may only be waived by mutual consent of the lead agency and the applicant.
§ 3. Subdivision 8 of section 8-0109 of the environmental conservation law, as amended by chapter 252 of the laws of 1977, is amended to read as follows:
8. When an agency decides to carry out or approve an action which has been the subject of an environmental impact statement, it shall make an explicit finding that the requirements of this section have been met and that consistent with social, economic and other essential considerations, to the maximum extent practicable, adverse environmental effects revealed in the environmental impact statement process will be minimized or avoided. Provided, further, that after an environmental impact statement has been approved for an action, no further environmental impact issues shall be considered, unless such issue had been considered during the determination of approving such statement and such issue was significant enough to have prevented the continued proceeding of the action. For the purposes of this article, the impairment of the existing community or neighborhood character shall not be a relevant consideration for any purpose.
§ 4. This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
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 determinations upon the need for an environmental impact statement, and completion of draft environmental impact statements and environmental impact statements
Purpose
This legislation establishes time periods for the stages of determining and approving environmental impact statements.
Summary of provisions
Section 1: Amends subdivision 3 of section 8-0109 of the environmental conservation law, as amended by chapter 252 of the law of 1977.
Section 2: Adds a new subdivision 4-a to section 8-0109 of the environmental conservation law.
Section 3: Amends subdivision 8 of section 8-0109 of the environmental conservation law, as amended by chapter 252 of the laws of 1977.
Section 4: Sets the effective date.
Justification
The State Environmental Quality Review Act (SEQR) was enacted to help provide environmental justice. However, in practice, SEQR can be burdensome and confusing because there is no clear timeline for the lead agency to adhere to.
This legislation will enact changes to make SEQR more efficient. It establishes a clear timeline that must be followed by the project sponsor and lead agency. It also states that no environmental impact may be added once scoping is complete unless the impact, if it had been discovered during the scoping process, was significant enough to have prevented the project from moving forward. Finally, the legislation deems that the impairment of existing community or neighborhood character shall not be a relevant consideration on whether or not a project is able to move forward.
Legislative history
2016 - S6932: Advanced to third reading calendar number 1064.
Fiscal implications
None to the state.
Effective date
This act shall take effect on the first of January next succeeding the date on which 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.