Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to environmental conservation |
May 12, 2009 |
reported and committed to finance |
Feb 11, 2009 |
referred to environmental conservation |
Senate Bill S2094
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S2094 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A965
- Current Committee:
- Senate Environmental Conservation
- Law Section:
- Environmental Conservation Law
- Laws Affected:
- Amd ยง70-0119, En Con L
- Versions Introduced in 2011-2012 Legislative Session:
-
A716
2009-S2094 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2094 TITLE OF BILL : An act to amend the environmental conservation law, in relation to public hearings PURPOSE OR GENERAL IDEA OF BILL : This bill would assure that the public is able to obtain environmental permit administrative hearings on a broader range of appropriate issues. SUMMARY OF SPECIFIC PROVISIONS : Section 70-0119 of the Environmental Conservation Law would be amended to add a specific requirement that adjudicatory proceedings and other public hearings be held by the Department of Environmental Conservation (DEC) when hearing issues have the potential of significantly improving the permit and the quality of the environment or mitigating the project's impact as a result of DEC discretionary modification of permit conditions or the project. The requirement that a public hearing be held when issues may result in denial of the permit or imposition of significant permit conditions would be concurrently clarified to require hearings when permit
2009-S2094 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2094 2009-2010 Regular Sessions I N S E N A T E February 11, 2009 ___________ Introduced by Sen. THOMPSON -- 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 public hearings THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative finding. The legislature finds and declares that in order to assure full review of applications and proposed depart- ment actions on them and to enhance protection of the state's environ- ment, additional criteria are needed which lead to department of envi- ronmental conservation adjudicatory proceedings as a result of requests from the public and applicants. S 2. Subdivision 1 of section 70-0119 of the environmental conserva- tion law, as added by chapter 723 of the laws of 1977, is amended to read as follows: 1. After evaluating an application for a permit and any comments of department staff, other state agencies or units of government or members of the public, the department shall, on or before sixty calendar days after it mails notice to the applicant that the application is complete or on or before sixty days after the application is deemed complete pursuant to the provisions of this article, determine whether or not to conduct a public hearing on the application and mail written notice to the applicant of a determination to conduct a public hearing. Such determination shall be based on whether the evaluation or comments raise substantive and significant issues [relating] WHICH (A) RELATE to any findings or determinations the department is required to make pursuant to this chapter, [including] (B) CREATE the reasonable likelihood that a permit applied for will be denied or [can be] granted only with [major] SIGNIFICANT modifications to the project because the project as proposed may not meet statutory or regulatory criteria or standards, OR (C) RAISE THE POTENTIAL OF SIGNIFICANTLY IMPROVING THE PERMIT AND THE QUALITY OF EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02715-01-9
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