NY State Senate Bill 2023-S5568

Senate Bill S5568

2023-2024 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

Current 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
Jan 03, 2024	referred to environmental conservation
Mar 08, 2023	referred to environmental conservation

2023-S5568 (ACTIVE) - Details

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:: 2019-2020: S8435
2021-2022: S1977

2023-S5568 (ACTIVE) - Summary

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.

2023-S5568 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5568

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 I 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:

2019-2020: S.8435 -Referred to Environmental Conservation/A.11070 -
Referred to Environmental Conservation

 
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; provided, however, that if chapter 840 of the laws of 2022
shall not have taken effect on or before such date then this act shall
take effect on the same date and in the same manner as such chapter,
takes effect. 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.

2023-S5568 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5568
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               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:
 
   Section 1. Paragraphs (k) and (l) of subdivision 2 of  section  8-0109
 of  the  environmental conservation law, as amended by chapter 49 of the
 laws of 2023, are amended and three new paragraphs (m), (n) and (o)  are
 added to read as follows:
   (k)  effects  of  any  proposed  action  on disadvantaged communities,
 including whether the action may cause or  increase  a  disproportionate
 pollution burden on a disadvantaged community; [and]
   (l)  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.] ARTICLE;
   (M) MEASUREMENT AND ANALYSIS OF ALL IMPACTS OF CLIMATE CHANGE  INCLUD-
 ING,  BUT  NOT  LIMITED TO, SURFACE AIR TEMPERATURE CHANGES, ATMOSPHERIC
 CHEMISTRY CHANGES, EXTREME PRECIPITATION CHANGES, DROUGHT RISK  CHANGES,
 SEA LEVEL CHANGES, SUCH MEASUREMENT AND ANALYSIS SHALL BE DONE FOR EVERY
 ASPECT OF AN ACTION;
   (N)  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; AND
   (O) 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.
   § 2. Section 8-0113 of the environmental conservation law  is  amended
 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
 
   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; provided, however, that if chapter 49 of the laws  of
 2023  shall  not  have taken effect on or before such date then this act
 shall take effect on the same date and in the same manner as such  chap-
 ter,  takes  effect.    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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