S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2508
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced  by  M.  of  A.  KIM,  ROZIC -- read once and referred to the
   Committee on Transportation
 
 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 trans-
   it facility

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 14 of the transportation law is amended by adding a
 new subdivision 37 to read as follows:
   37. (A) TO PROMULGATE, IN CONSULTATION WITH THE DEPARTMENT OF ENVIRON-
 MENTAL  CONSERVATION, RULES AND REGULATIONS REQUIRING ANY ENTITY PROPOS-
 ING 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), GEOTHER-
 MAL 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03821-01-3
              

 A. 2508                             2
 
 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
 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.