Requires environmental impact statements to consider cumulative effects of an action for projects in communities already experiencing the impact by polluting facilities; defines "cumulative environmental impacts".
STATE OF NEW YORK
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321
2013-2014 Regular Sessions
IN SENATE(Prefiled)
January 9, 2013
___________
Introduced by Sens. AVELLA, MONTGOMERY -- read twice and ordered print-
ed, 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 Assem-bly, do enact as follows:
1 Section 1. Paragraphs (b) and (f) of subdivision 2 of section 8-0109
2 of the environmental conservation law, as amended by chapter 219 of the
3 laws of 1990, are amended and a new paragraph (e-1) is added to read as
4 follows:
5 (b) the environmental impact of the proposed action including short-
6 term [and], long-term and cumulative effects;
7 (e-1) an analysis of the cumulative environmental impacts of the
8 proposed project;
9 (f) mitigation measures proposed to minimize the environmental impact,
10 including cumulative effects;
11 § 2. Section 8-0105 of the environmental conservation law is amended
12 by adding a new subdivision 9 to read as follows:
13 9. "Cumulative environmental impacts" means environmental impacts that
14 may occur when a proposed action or actions:
15 (i) may result in changes in two or more elements of the environment;
16 (ii) when considered together with one or more pending or proposed
17 actions, may result in changes in one or more common elements of the
18 environment;
19 (iii) will result in one or more other actions likely to be undertaken
20 as a result thereof;
21 (iv) is a part of a proposal or plan that includes or contemplates one
22 or more other simultaneous or subsequent actions;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02659-01-3
S. 321 2
1 (v) is dependent upon approval or completion of one or more other
2 actions;
3 (vi) is a program or plan having wide application or is a part there-
4 of;
5 (vii) is a plan, program, or series of actions that will restrict the
6 range of future alternatives, policies, or actions;
7 (viii) when considered together with existing or background levels of
8 contamination or pollution or actions which have had an adverse effect
9 on the environment, may result in combined or synergistic impacts on the
10 environment; or
11 (ix) a combination of one or more of the above.
12 Cumulative environmental impacts shall be considered without regard to
13 whether the action or actions are proposed by the same individual,
14 person, or agency, or whether the action is pending for approval by one
15 or more agencies.
16 § 3. This act shall take effect on the one hundred eightieth day
17 after it shall have become a law; provided, however that effective imme-
18 diately, the addition, amendment and/or repeal of any rule or regulation
19 necessary for the implementation of this act on its effective date are
20 authorized and directed to be made and completed on or before such
21 effective date.
