What's happening
This bill requires entities proposing new building developments within one mile of a transit facility to submit an environmental impact statement addressing underground environmental issues.
Why it matters
Highlights the importance of underground environmental concerns. such as soil toxicity, geo-energy exploitation (including fracking and geothermal), and carbon sequestration—which are often overlooked in standard impact reviews but can have long-term health and infrastructure consequences.
Broadens the definition of “transit facility”. to include not only subways and bus lines but also airports, ferry terminals, and facilities managed by major authorities, potentially affecting a wide array of developments across urban and suburban areas.
Could make development near transit hubs more rigorous and costly. , as developers will face additional regulatory steps and detailed environmental investigations, possibly influencing project timelines, design, and feasibility.
May set a precedent for integrating transportation and environmental policy. , signaling a move towards more holistic urban planning that considers both above- and below-ground impacts of dense, transit-oriented development.
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Who cares
Headline styles
Require Environmental Impact Near Transit
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 14
No co-sponsors yet.
History
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require Environmental Impact Near Transit
In Assembly Committee · Transportation · Sponsor Ron Kim
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
9072
IN SENATE
October 28, 2020
Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
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 transit facility
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 14 of the transportation law is amended by adding a new subdivision 36 to read as follows:
36. (a) To promulgate, in consultation with the department of environmental conservation, rules and regulations requiring any entity proposing construction of a new building development within one mile of any transit facility to submit an environmental impact statement to the department. Such environmental impact statement shall conform with the requirements of article eight of the environmental conservation law and shall contain a thorough investigation of the underground environmental impact, including but not limited to, current and potential contribution to soil toxicity, the effects of the exploitation of geo-energy resources (such as the fracking and transmission of shale gas), geothermal energy generation, and the sequestration of carbon dioxide.
(b) For purposes of this subdivision, the following terms shall have the following meanings:
(i) "Building development" shall mean the proposed construction of a road or structure.
(ii) "Transit facility" shall mean a rapid transit railroad, omnibus line or any other facility or any railroad used for service in the transportation of passengers as common carriers for hire or in the transportation of the United States mail or personal property, and any portion thereof and the rights, leaseholds or other interests therein, together with the devices and appurtenances, facilities and equipment thereof and power plants and other instrumentalities used or useful therefor or in connection therewith. Transit facility shall include 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
S. 9072 2
designed to effectuate or coordinate the use and accessibility of mass transportation in the state, including facilities under the authority of the metropolitan transit authority, the New York city transit authority and the port authority of New York and New Jersey.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
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 transit facility
Purpose or general idea of bill
This legislation mandates a complete Environmental Impact Statement (EIS) to be made for building development proposals that are situated within one mile of any New York State transit facility.
Summary of provisions
Section 1 amends Section 14 of the Transportation Law by adding a subdi- vision 36, which requires entities that propose the development of any road or structure within one mile of a New York State transit facility to submit an Environmental Impact Statement (EIS) to the New York State Department of Environmental Conservation. This EIS must comply with the requirements as prescribed by Article 8 of the Environmental Conserva- tion Law, colloquially known as the State Environmental Quality Review Act (SEQRA); moreover, it additionally clarifies that a rigorous study of the underground environmental impact be studied, such as the effects of soil toxicity, geo-energy resource exploitation, and carbon seques- tration.
Section 2 provides the effective date.
Justification
In light of major milestone bills passed by the Legislature during the 2019-2020 session in the name of climate and environmental justice, particularly, the passage of the Climate Leadership and Community Protection Act, it is imperative that any proposed building development in New York State in the vicinity of a transit facility be subject to a rigorous environmental and climate impact evaluation to ensure compli- ance with the 2030 and 2050 greenhouse gas emissions reduction goals. By mandating the complete Environmental Impact Statement to be conducted for building development proposals that satisfy this criterion, namely, studies that go beyond and are more rigorous than a baseline Environ- mental Assessment Statement, New York State can better ensure that our actions across the state do indeed contribute to meeting these goals.
Prior legislative history
New iteration.
Fiscal implications for state and local governments
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.