Bill Text: NY A03515 | 2021-2022 | General Assembly | Introduced

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Bill Title: Requires the commissioner to promulgate rules and regulations requiring entities proposing construction of a new building development within one mile of a transit facility to submit environmental impact statements; defines transit facility.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-01-05 - referred to transportation [A03515 Detail]

Download: New_York-2021-A03515-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3515

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 27, 2021
                                       ___________

        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:

     1    Section 1. Section 14 of the transportation law is amended by adding a
     2  new subdivision 36 to read as follows:
     3    36. (a) To promulgate, in consultation with the department of environ-
     4  mental  conservation, rules and regulations requiring any entity propos-
     5  ing construction of a new building development within one  mile  of  any
     6  transit  facility  to  submit  an  environmental impact statement to the
     7  department. Such environmental impact statement shall conform  with  the
     8  requirements  of article eight of the environmental conservation law and
     9  shall contain a thorough investigation of the underground  environmental
    10  impact, including but not limited to, current and potential contribution
    11  to  soil  toxicity,  the  effects  of  the  exploitation  of  geo-energy
    12  resources (such as the fracking and transmission of shale gas), geother-
    13  mal energy generation, and the sequestration of carbon dioxide.
    14    (b) For purposes of this subdivision, the following terms  shall  have
    15  the following meanings:
    16    (i)  "Building  development" shall mean the proposed construction of a
    17  road or structure.
    18    (ii) "Transit facility" shall mean a rapid transit  railroad,  omnibus
    19  line  or  any  other  facility  or  any railroad used for service in the
    20  transportation of passengers as common  carriers  for  hire  or  in  the
    21  transportation  of  the United States mail or personal property, and any
    22  portion thereof and the rights, leaseholds or other  interests  therein,
    23  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.
                                                                   LBD06067-01-1
        A. 3515                             2

     1  thereof and power plants and  other  instrumentalities  used  or  useful
     2  therefor  or  in  connection  therewith.  Transit facility shall include
     3  airports,  bus  terminals,  ferry  terminals  and  any  other  structure
     4  designed  to  effectuate or coordinate the use and accessibility of mass
     5  transportation in the state, including facilities under the authority of
     6  the metropolitan transit authority, the New York city transit  authority
     7  and the port authority of New York and New Jersey.
     8    § 2. This act shall take effect immediately.