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Legislative Memo

Darren Suarez
Director of Government Affairs
T 518.465.7511, ext. 206
www.bcnys.org

BILL:

S.930 (Amedore)

Support

SUBJECT:

SEQRA Reform

 

DATE:

May 4, 2017

 

This legislation would amend New York’s State Environmental Quality Review Act (“SEQRA”) to make time periods mandatory and not subject to extension unless the applicant or project sponsor agrees to a period of extension.

The members of the Business Council of the State of New York have continually identified SEQRA as a major barrier to new investment in New York. The members of the Business Council uniformly support an effort to amend the SEQRA process to reduce uncertainty, and bureaucratic delays.

We support the efforts of the Sponsors of this legislation to identify opportunities to improve the SEQRA process. The members of the Business Council agree strongly that adherence to timeframes would be a significant improvement. We support efforts to limit the endless scoping process unless the impact had not been discovered during the scoping process and was significant enough to have prevented the project from moving forward.

The Business Council believes that although the legislation would provide some improvement that the legislation to be truly effective should address more than what is contained in the legislation.

We believe there are a number of ways the state’s environmental approval process can be improved to facilitate new investment in the state; these include: clarifying the standard for when an application or environmental impact statement is "complete," and able to move forward for public review and comment; adopting a more appropriate standard for adjudicable issues in DEC permit hearings; assure that regulatory timetables for project reviews are adhered to by the Department;; and create a "fast-track" process for applications that meet certain criteria (e.g., replacement projects, pollution reduction, etc.); do not allow SEQRA to "trump" established regulatory standards; and integrate coastal zone reviews with other state environmental review requirements.

The Business Council supports S.930 because SEQRA is not currently meeting the needs of the public and needs to be amended.