Internal DEP coordination communication, Sep 2001

NYC 9/11 Public Portal Document

president and borough board shall be simultaneous and shall be 30 days; the period for City Planning Commission review and approval shall be 30 days; and the period for City Council approval shall be 30 days. If the Council proposes to modify the proposed action approved by the City Pitinning Commission, the time period for tolling the Council's review so that the City Planning Commission may review the proposed modification shall be seven days. Related timeframes for public notice and transmittal in the Charter shall also be shortened.

Environmental Review and other environmental discretionary approvals would be “waived” during a yet to be defined emergency (temporary) period.

These items would likely require state and federal legislative approvals, administrative approvals or regulation changes.

Analysis

As a policy matter, no one disagreed with the concept embodied in these provisions in the wake of the recent tragedy, but there was a long ensuing discussion. This approach would theoretically allow a significant amount of development to occur without review in the very areas of the city where we typically experience the most problems - traffic, air quality, and noise especially. Everyone at the meeting agreed (to my surprise), after some objection from EDC, that, assuming we find a way to “waive” environmental review and permitting provisions, hazardous materials issues should not remain unaddressed. An agreement was reached that any new regulations or legislation would include provisions to require hazardous materials investigations and remediation, if required, before construction commences. It would be done in a way, similar to the “E” rules, that would take this work off the critical path for approval.

It was not clear to most of us at the meeting, since this was the first time we were informed of these proposals, what it would take to “waive” all environmental provisions governing development proposals or to postulate what all the implications, positive or negative, might be. Corp Counsel was asked to start drafting SEQRA/CEQR rule or legislation changes and to start researching the need for other changes. All agencies were asked to assist. This agency was asked to start researching, for example, if there would be any Clean Air Act implications, since the State Air Quality Implementation Plan relies, to some extent, on environmental reviews to track the implications of growth related increases of pollution in the City.

I think we should also recommend that the City apply for some of the federal funds that are (may be) available to begin developing a comprehensive look, outside of the approval process, at the potential impacts that may occur if a significant increase in development should divert from Manhattan to the outer borough areas targeted here so we can have, for example, rational traffic improvements in place when they are needed.

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