S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5460
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2023
                                ___________
 
 Introduced  by  M.  of  A.  BARCLAY, BRABENEC, WALSH, MILLER, MANKTELOW,
   DiPIETRO,  GALLAHAN,  JENSEN,   J. M. GIGLIO,   LEMONDES,   DeSTEFANO,
   GOODELL,  HAWLEY,  SIMPSON,  TAGUE  --  Multi-Sponsored by -- M. of A.
   K. BROWN -- read once and referred to the Committee  on  Environmental
   Conservation

 AN  ACT  to  amend the environmental conservation law, the parks, recre-
   ation and historic preservation law, and the  state  finance  law,  in
   relation to environmental assessment of historic preservation plan
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision  6  of  section  8-0111  of  the  environmental
 conservation  law,  as  added  by  chapter  612  of the laws of 1975, is
 amended to read as follows:
   6. Lead Agency. When an action is to be carried out or approved by two
 or more agencies, the DEPARTMENT SHALL BE DESIGNATED AS LEAD AGENCY  AND
 determination of whether the action may have a significant effect on the
 environment shall be made by the [lead agency] DEPARTMENT having princi-
 pal  responsibility  for carrying out or approving such action and [such
 agency] shall prepare[, or cause to be prepared by  contract  or  other-
 wise,]  the  environmental  impact  statement  for  the action if such a
 statement is required by this article. [In the event  that  there  is  a
 question as to which is the lead agency, any agency may submit the ques-
 tion  to  the commissioner and the commissioner shall designate the lead
 agency, giving due consideration to  the  capacity  of  such  agency  to
 fulfill adequately the requirements of this article.]
   § 2. Paragraph (a) of subdivision 3 of section 70-0109 of the environ-
 mental conservation law is amended by adding a new subparagraph (iii) to
 read as follows:
   (III)  IN  THE  CASE OF AN APPLICATION FOR A STATE POLLUTANT DISCHARGE
 ELIMINATION SYSTEM (SPDES) PERMIT ISSUED IN LIEU OF A NATIONAL POLLUTANT
 DISCHARGE ELIMINATION SYSTEM PERMIT, SUCH DECISION SHALL BE MAILED ON OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02609-01-3
              

 A. 5460                             2
 
 BEFORE THIRTY CALENDAR DAYS AFTER THE DEPARTMENT MAILS WRITTEN NOTICE TO
 THE APPLICANT THAT THE APPLICATION IS COMPLETE OR ON  OR  BEFORE  THIRTY
 CALENDAR  DAYS  AFTER THE APPLICATION IS DEEMED COMPLETE PURSUANT TO THE
 PROVISIONS OF THIS ARTICLE.
   § 3. Subdivision 5 of section 8-0109 of the environmental conservation
 law,  as  amended  by  chapter  252 of the laws of 1977, and the opening
 paragraph as amended by chapter 749 of the laws of 1991, is  amended  to
 read as follows:
   5.  After  the  filing  of  a draft environmental impact statement the
 agency shall determine whether or not to conduct a public hearing on the
 environmental impact of the proposed action. If the agency determines to
 hold such a hearing, it shall commence the hearing within [sixty] THIRTY
 days of the filing and unless the  proposed  action  is  withdrawn  from
 consideration  shall  prepare  the environmental impact statement within
 [forty-five] THIRTY days after the  close  of  the  hearing,  except  as
 otherwise  provided.  The need for such a hearing shall be determined in
 accordance with procedures adopted by the  agency  pursuant  to  section
 8-0113  of this article. If no hearing is held, the agency shall prepare
 and make available the environmental  impact  statement  within  [sixty]
 THIRTY days after the filing of the draft, except as otherwise provided.
   Notwithstanding  the  specified time periods established by this arti-
 cle, an agency shall vary the times so established herein  for  prepara-
 tion,  review and public hearings to coordinate the environmental review
 process with other procedures relating to  review  and  approval  of  an
 action.  An application for a permit or authorization for an action upon
 which a  draft  environmental  impact  statement  is  determined  to  be
 required shall not be complete until such draft statement has been filed
 and  accepted  by  the  agency  as  satisfactory  with respect to scope,
 content and adequacy for purposes of  [paragraph]  SUBDIVISION  four  of
 this section.  Commencing upon such acceptance, the environmental impact
 statement  process shall run concurrently with other procedures relating
 to the review and approval of the action so long as reasonable  time  is
 provided for preparation, review and public hearings with respect to the
 draft environmental impact statement.
   §  4.  Subdivisions  3 and 4 of section 14.07 of the parks, recreation
 and historic preservation law, as added by chapter 354 of  the  laws  of
 1980, are amended to read as follows:
   3.  THE COMMISSIONER SHALL DETERMINE WHICH PROPERTIES WITHIN THE STATE
 ARE ELIGIBLE FOR INCLUSION ON THE STATE REGISTER. ELIGIBILITY  SHALL  BE
 DETERMINED BY WHETHER THE EDGE OF A PROPERTY IS LOCATED WITHIN A MILE OF
 ANY  PROPERTY  DESIGNATED AS A STATE HISTORIC PLACE OR NATIONAL HISTORIC
 PLACE, OR A PROPERTY IS LOCATED IN AN AREA WHERE CULTURAL OR  HISTORICAL
 ACTIVITIES ARE LIKELY TO HAVE OCCURRED BASED ON ARCHAEOLOGICAL PRECEDENT
 OR HISTORICAL EVIDENCE. THE COMMISSIONER SHALL UPDATE THE LIST OF ELIGI-
 BLE  PROPERTIES  FOR  THE  STATE REGISTER EVERY THREE YEARS. THE INITIAL
 LIST SHALL BE PUBLISHED IN DRAFT FORM  AND  MADE  AVAILABLE  FOR  PUBLIC
 COMMENT  WITH A PUBLIC COMMENT PERIOD OF NO LESS THAN SIXTY DAYS, AND BE
 THE SUBJECT OF NO LESS THAN AT LEAST THREE  PUBLIC  HEARINGS  THROUGHOUT
 THE  STATE. SUBSEQUENT ADDITIONS TO THE REGISTER OF ANY PROPERTIES SHALL
 BE THE SUBJECT OF AT LEAST ONE PUBLIC HEARING AND A PUBLIC COMMENT PERI-
 OD OF NO LESS THAN THIRTY DAYS. THE COMMISSIONER SHALL PUBLISH A MAP  OF
 ALL PROPERTIES INCLUDED ON THE LIST OF ELIGIBLE PROPERTIES FOR THE STATE
 REGISTER  ON  ITS  WEBSITE,  AND PROVIDE A COPY OF SUCH MAP TO ALL STATE
 AGENCIES, PUBLIC AUTHORITIES AND MUNICIPAL GOVERNMENTS.
   4. Statewide comprehensive historic preservation plan. The commission-
 er, in consultation with the board, shall prepare a statewide comprehen-
 A. 5460                             3
 
 sive historic preservation plan. This plan may include proposals for the
 preservation and use of  registered  property.  The  annual  state  plan
 submitted  to  the  Heritage  Conservation and Recreation Service in the
 United  States  Department  of  Interior  may  substantially  be used in
 preparing this plan. The agency preservation  officers  shall  cooperate
 and  municipal  officials  may  cooperate  with  the commissioner in the
 promulgation of plans and proposals in relation to historic places with-
 in their respective jurisdictions. The  commissioner  shall  update  the
 plan annually. The commissioner shall annually notify every agency pres-
 ervation officer and municipal official of the availability of the state
 plan  or the annual update and a copy of the annual plan or update shall
 be sent to every agency  preservation  officer  and  municipal  official
 requesting such a plan or update.
   [4.]  5. From funds available from the federal government for historic
 preservation purposes which may be used for reimbursement as hereinafter
 provided, and funds appropriated by the state for the purpose of assist-
 ing local and regional preservation programs,  OR  FOR  THE  PURPOSE  OF
 ARCHAEOLOGICAL SURVEY AS MAY BE REQUIRED BY THE COMMISSIONER PURSUANT TO
 PERMIT  REQUIREMENTS  UNDER  ARTICLE  EIGHT OR SEVENTEEN OF THE ENVIRON-
 MENTAL CONSERVATION LAW, including funds for OTHER SUCH survey and plan-
 ning, the commissioner may provide reimbursement to  municipalities  and
 private  organizations  which  undertake surveys and studies of historic
 places and  cultural  resources,  prepare  local  historic  preservation
 reports or otherwise assist the commissioner in carrying out his histor-
 ic preservation responsibilities.
   § 5. The state finance law is amended by adding a new section 99-qq to
 read as follows:
   §  99-QQ  THE NEW YORK STATE ARCHAEOLOGICAL SURVEY ASSISTANCE FUND. 1.
 THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER  AND
 THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION A FUND FOR THE REIMBURSE-
 MENT  OF  COSTS ASSOCIATED WITH AN ARCHAEOLOGICAL SURVEY, WHEN A MUNICI-
 PALITY OR PRIVATE ORGANIZATION IS DIRECTLY REQUIRED BY THE  COMMISSIONER
 OF  THE  OFFICE  OF  PARKS,  RECREATION  AND  HISTORIC PRESERVATION, THE
 COMMISSIONER OF THE DEPARTMENT OF  ENVIRONMENTAL  CONSERVATION,  OR  ANY
 RELATED  STATE  AGENCY  HEAD  IN  THE STATE TO UNDERTAKE THE SURVEY. THE
 ADMINISTRATION OF SUCH FUND SHALL BE  THE  SOLE  RESPONSIBILITY  OF  THE
 COMMISSIONER  OF  THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVA-
 TION.
   2. THE FUND WILL CONSIST OF APPROPRIATED FEDERAL FUNDS FOR THE PURPOSE
 OF ARCHAEOLOGICAL SURVEYING OR APPROPRIATED STATE FUNDS FOR THE  PURPOSE
 OF ARCHAEOLOGICAL SURVEYING.
   3.  IN  DEVELOPING THE ADMINISTRATION OF THE FUND, THE COMMISSIONER OF
 THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION,  IN  CONJUNC-
 TION  WITH THE COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
 TION, SHALL DEVELOP GUIDELINES FOR THE REIMBURSEMENT OF COSTS ASSOCIATED
 WITH AN ARCHAEOLOGICAL SURVEY UNDERTAKEN BY A MUNICIPALITY OR A  PRIVATE
 ORGANIZATION. SUCH GUIDELINES SHALL, AT A MINIMUM, PROVIDE THAT:
   (A)  IF  AN  ARCHAEOLOGICAL  SURVEY  DOES  NOT YIELD ANY HISTORICAL OR
 CULTURAL ARTIFACTS, THE COSTS OF SUCH SURVEY SHALL BE  FULLY  REIMBURSED
 BY THE FUND;
   (B)  IF  AN  ARCHAEOLOGICAL  SURVEY  DOES YIELD HISTORICAL OR CULTURAL
 ARTIFACTS AND THE COST OF SUCH SURVEY  IS  UNDER  ONE  HUNDRED  THOUSAND
 DOLLARS,  AT  LEAST  HALF THE COST OF SUCH SURVEY SHALL BE REIMBURSED BY
 THE FUND;
   (C) IF AN ARCHAEOLOGICAL SURVEY  DOES  YIELD  HISTORICAL  OR  CULTURAL
 ARTIFACTS  AND  THE  COST  OF  SUCH  SURVEY IS OVER ONE HUNDRED THOUSAND
 A. 5460                             4
 
 DOLLARS, THE COMMISSIONER OF THE OFFICE OF PARKS, RECREATION AND HISTOR-
 IC PRESERVATION SHALL  DETERMINE  AN  APPROPRIATE  REIMBURSEMENT  LEVEL,
 PROVIDED THAT SUCH REIMBURSEMENT BY THE FUND SHALL BE NO LESS THAN TWEN-
 TY-FIVE PERCENT.
   4.  WITHIN  NINETY  DAYS  OF  THE  EFFECTIVE DATE OF THIS SECTION, THE
 COMMISSIONER OF THE OFFICE OF PARKS, RECREATION AND  HISTORIC  PRESERVA-
 TION  SHALL  ESTABLISH RULES AND REGULATIONS FOR ADMINISTERING THE FUND,
 INCLUDING, BUT NOT LIMITED TO, AN APPLICATION PROCESS,  A  TIMELINE  FOR
 REIMBURSING  MUNICIPALITIES  OR  PRIVATE ORGANIZATIONS THAT ARE DIRECTLY
 REQUIRED TO UNDERTAKE AN ARCHAEOLOGICAL SURVEY, AND ANY OTHER  RULES  OR
 REGULATIONS THAT THE COMMISSIONER DEEMS NECESSARY.
   § 6. This act shall take effect immediately.