BILL NUMBER: S6488

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
watershed mitigation

 
PURPOSE OR GENERAL IDEA OF BILL:

To promote a watershed approach to wetland mitigation.

 
SUMMARY OF PROVISIONS:

Section 1 establishes section 24-0707 of the environmental conservation
law to correct the State's existing mitigation approach to a watershed
approach.

Section 2 sets forth the effective date.

 
JUSTIFICATION:
              

Most renewable energy projects have unavoidable impacts to state
(NYSDEC) and federally (USACE) regulated wetlands. The impacts require
complex state and federal wetland-impact permits, along with compensato-
ry wetland mitigation to offset or replace the impacted wetlands. The
State's existing mitigation-approach makes project permitting longer and
more complex; it makes mitigation more costly than in surrounding
states; and is not leading to better environmental outcomes. ORES has
already adopted this watershed approach, given its potential to increase
mitigation quality and ecological uplift through larger, offsite,
watershed-scale mitigation. However, not all alternative energy projects
go through ORES. Moreover, this uncertainty impacts critical infrastruc-
ture projects such as transportation, water, and power. New York's
approach should be broadened to provide consistency between federal and
state mitigation policy that uses a watershed approach.

The legislation's directive would achieve parity between DEC's wetland
rules and federal and New York rules, while supporting the State's
climate goals. A watershed approach provides flexibility for mitigation
practitioners to meet an area's ecological needs in the most effective
way possible. This bill also will lighten the burden on project cost,
since there will be less competition for the same land. Additionally,
this bill will reduce regulatory workload by streamlining mitigation
through watershed-scale projects in place of many smaller piece-meal
restoration projects carried out at impact sites and reviewed individ-
ually by the regulatory agencies. This is a win-win for New York's
climate and renewable energy objectives.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.