NY State Senate Bill 2019-S8435

Senate Bill S8435

2019-2020 Legislative Session

Relates 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

download bill text pdf

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 29, 2020	referred to environmental conservation

2019-S8435 (ACTIVE) - Details

See Assembly Version of this Bill:: A11070
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§8-0109 & 8-0113, En Con L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S1977, A3035
2023-2024: S5568

2019-S8435 (ACTIVE) - Summary

Includes comprehensive climate change risk analysis as part of every environmental assessment statement and requires updates to rules and regulations regarding the state environmental quality review no less than every five years.

2019-S8435 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8435

SPONSOR: JACKSON
 
TITLE OF BILL:

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

 
PURPOSE:

The purpose of this bill is to ensure that the state periodically
updates the state environmental quality review (SEQR) rules and regu-
lates.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 8-0109 of the Environmental Conservation Law to
update SEQR to include measurement and analysis of all impacts of
climate change; the carbon footprint per person per building block prior

to the proposed action and at the conclusion of a reasonable worst case
development scenario for such proposed action; and a reasonable worst
case development scenario period of 100 years for assessing potential
flooding risks and environmental impacts for the life of any new build-
ing which is part of a proposed action.

Section 2 adds a new subdivision 5 to Section 8-0113 of the Environ-
mental Conservation Law that authorizes the commissioner to update any
rules and regulations related to the SEQR no less than once every 5
years to account for changes or updates in any reports issued by the
intergovernmental panel on climate change and the New York City panel on
climate change.

Section 3 is the effective date.

 
JUSTIFICATION:

The earth had a chance to catch its breath as there was far less
pollution produced during the pandemic. But as society gears back up,
the threat of global warming and other environmental calamities will
increase again. This bill focuses on concrete steps and their subsequent
results to track the potential damage that can be caused, short-term and
long-term, by state government decisions.  This bill provides another
opportunity to gain new information to inform decisions that will affect
the future for our state and generations that follow us.

 
LEGISLATIVE HISTORY:

New bill.

 
STATE AND LOCAL FISCAL IMPLICATIONS:

TO BE DETERMINED.

 
EFFECTIVE DATE:
THIS ACT SHALL TAKE EFFECT ON THE NINETIETH DAY AFTER IT SHALL HAVE
BECOME A LAW. EFFECTIVE IMMEDIATELY, THE ADDITION, AMENDMENT AND/OR
REPEAL OF ANY RULE OR REGULATION NECESSARY FOR THE IMPLEMENTATION OF
THIS ACT ON ITS EFFECTIVE DATE ARE AUTHORIZED TO BE MADE AND COMPLETED
ON OR BEFORE SUCH EFFECTIVE DATE.

2019-S8435 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8435
 
                             I N  S E N A T E
 
                               May 29, 2020
                                ___________
 
 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:
 
   Section 1. Paragraphs (i), (i) and (j) of  subdivision  2  of  section
 8-0109  of the environmental conservation law, paragraph (i) as added by
 chapter 182 of the laws of 1990, paragraph (i) as amended by chapter 238
 of the laws of 1991 and paragraph (j) as amended by chapter 219  of  the
 laws of 1990, are amended to read as follows:
   (i)  effects of proposed action on solid waste management where appli-
 cable and significant; [and
   (i)] (J) effects of any proposed action on, and its consistency  with,
 the  comprehensive management plan of the special groundwater protection
 area program, as implemented by the  commissioner  pursuant  to  article
 fifty-five of this chapter; [and
   (j)]  (K)  MEASUREMENT  AND  ANALYSIS OF ALL IMPACTS OF CLIMATE CHANGE
 INCLUDING, BUT NOT LIMITED TO, SURFACE AIR  TEMPERATURE  CHANGES,  ATMO-
 SPHERIC  CHEMISTRY  CHANGES, EXTREME PRECIPITATION CHANGES, DROUGHT RISK
 CHANGES, SEA LEVEL CHANGES, SUCH MEASUREMENT AND ANALYSIS SHALL BE  DONE
 FOR EVERY ASPECT OF AN ACTION;
   (L)  THE  CARBON  FOOTPRINT PER PERSON PER BUILDING BLOCK PRIOR TO THE
 PROPOSED ACTION AND AT THE CONCLUSION OF A REASONABLE WORST CASE  DEVEL-
 OPMENT SCENARIO FOR SUCH PROPOSED ACTION, AS APPLICABLE;
   (M) A REASONABLE WORST CASE DEVELOPMENT SCENARIO PERIOD OF ONE HUNDRED
 YEARS  FOR  ASSESSING POTENTIAL FLOODING RISKS AND ENVIRONMENTAL IMPACTS
 FOR THE LIFE OF ANY NEW BUILDING WHICH IS PART OF A PROPOSED ACTION; AND
   (N) such other information consistent with the purposes of this  arti-
 cle as may be prescribed in guidelines issued by the commissioner pursu-
 ant to section 8-0113 of this chapter.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD16385-01-0

 S. 8435                             2
 
   §  2.  Section 8-0113 of the environmental conservation law is amended
 by adding a new subdivision 5 to read as follows:
   5.  THE COMMISSIONER SHALL UPDATE ANY RULES AND REGULATIONS RELATED TO
 THE STATE ENVIRONMENTAL QUALITY REVIEW NO  LESS  THAN  ONCE  EVERY  FIVE
 YEARS  TO  ACCOUNT  FOR  CHANGES OR UPDATES IN ANY REPORTS ISSUED BY THE
 INTERGOVERNMENTAL PANEL ON CLIMATE CHANGE AND THE NEW YORK CITY PANEL ON
 CLIMATE CHANGE.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.

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