BILL NUMBER: S4939
SPONSOR: COMRIE
 
TITLE OF BILL:
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 transit
facility
 
PURPOSE OR GENERAL IDEA OF BILL:
This legislation mandates a complete Environmental Impact Statement
(E1S) to be made for building development proposals that are situated
within one mile of any New York State transit facility.
 
SUMMARY OF PROVISIONS:
Section 1 amends Section 14 of the Transportation Law by adding a subdi-
vision 36, which requires entities that propose the development of any
road or structure within one mile of a New York State transit facility
to submit an Environmental Impact Statement (EIS) to the New York State
Department of Environmental Conservation. This EIS must comply with the
requirements as prescribed by Article 8 of the Environmental Conserva-
tion Law, colloquially known as the State Environmental. Quality Review
Act (SEQRA); moreover, it additionally clarifies that a rigorous study
of the underground environmental impact be studied, such as the effects
of soil toxicity, geo-energy resource exploitation, and carbon seques-
tration.
Section 2 provides the effective date.
 
JUSTIFICATION:
In light of major milestone bills passed by the Legislature during the
2019-2020 session in the name of climate and environmental justice,
particularly, the passage of the Climate Leadership and Community
Protection Act, it is imperative that any proposed building development
in New York State in the vicinity of a transit facility be subject to a
rigorous environmental and climate impact evaluation to ensure compli-
ance with the 2030 and 2050 greenhouse gas emissions reduction goals. By
mandating the complete Environmental Impact Statement to be conducted
for building development proposals that satisfy this criterion, namely,
studies that go beyond and are more rigorous than a baseline Environ-
mental Assessment Statement, New York State can better ensure that our
actions across the state do indeed contribute to meeting these goals.
 
PRIOR LEGISLATIVE HISTORY:
2023-2024: S5560 Comrie/ A2508 Kim
2021-2022: S4179
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
Immediately.

Statutes affected:
S4939: 14 transportation law