Includes comprehensive climate change risk analysis as part of every environmental assessment statement; requires updates to rules and regulations regarding the state environmental quality review no less than every five years.
STATE OF NEW YORK
________________________________________________________________________
5568
2023-2024 Regular Sessions
IN SENATE
March 8, 2023
___________
Introduced by Sen. JACKSON -- 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
including comprehensive climate change risk analysis as part of every
environmental assessment statement and requiring updates to rules and
regulations regarding the state environmental quality review
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (k) and (l) of subdivision 2 of section 8-0109
2 of the environmental conservation law, as amended by chapter 49 of the
3 laws of 2023, are amended and three new paragraphs (m), (n) and (o) are
4 added to read as follows:
5 (k) effects of any proposed action on disadvantaged communities,
6 including whether the action may cause or increase a disproportionate
7 pollution burden on a disadvantaged community; [and]
8 (l) such other information consistent with the purposes of this arti-
9 cle as may be prescribed in guidelines issued by the commissioner pursu-
10 ant to section 8-0113 of this [chapter.] article;
11 (m) measurement and analysis of all impacts of climate change includ-
12 ing, but not limited to, surface air temperature changes, atmospheric
13 chemistry changes, extreme precipitation changes, drought risk changes,
14 sea level changes, such measurement and analysis shall be done for every
15 aspect of an action;
16 (n) the carbon footprint per person per building block prior to the
17 proposed action and at the conclusion of a reasonable worst case devel-
18 opment scenario for such proposed action, as applicable; and
19 (o) a reasonable worst case development scenario period of one hundred
20 years for assessing potential flooding risks and environmental impacts
21 for the life of any new building which is part of a proposed action.
22 § 2. Section 8-0113 of the environmental conservation law is amended
23 by adding a new subdivision 5 to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08829-02-3
S. 5568 2
1 5. The commissioner shall update any rules and regulations related to
2 the state environmental quality review no less than once every five
3 years to account for changes or updates in any reports issued by the
4 intergovernmental panel on climate change and the New York city panel on
5 climate change.
6 § 3. This act shall take effect on the ninetieth day after it shall
7 have become a law; provided, however, that if chapter 49 of the laws of
8 2023 shall not have taken effect on or before such date then this act
9 shall take effect on the same date and in the same manner as such chap-
10 ter, takes effect. Effective immediately, the addition, amendment
11 and/or repeal of any rule or regulation necessary for the implementation
12 of this act on its effective date are authorized to be made and
13 completed on or before such effective date.
