Relates to the designation of lead agency for environmental quality review purposes when the anticipated impacts of an action are primarily of regional or local significance.

Sponsor: Schimel / Multi-sponsor(s): Boyland, Calhoun, Graf, Hooper, McDonough, McKevitt, Murray, Weisenberg / Co-sponsor(s): Saladino, Curran, Ra, Roberts, Montesano, Englebright
Law Section: Environmental Conservation Law / Law: Amd S8-0111, En Con L

A9541-2011 Actions

Mar 12, 2012: referred to environmental conservation

A9541-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          9541
 I N  ASSEMBLY
 March 12, 2012
 
 Introduced  by M. of A. SCHIMEL -- read once and referred to the Commit
 tee on Environmental Conservation
 

AN ACT to amend the environmental conservation law, in relation  to  the
 designation  of  lead agency for environmental quality review purposes
 in certain cases
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Subdivision  6  of  section  8-0111  of the environmental
 conservation law, as added by chapter  612  of  the  laws  of  1975,  is
 amended to read as follows:

 6. Lead Agency. (A) IN DETERMINING THE LEAD AGENCY PURSUANT TO SECTION
 617.6  OF PART SIX HUNDRED SEVENTEEN OF TITLE SIX OF THE OFFICIAL COMPI
 LATION OF THE NEW YORK STATE CODES,  RULES  AND  REGULATIONS,  THE  LEAD
 AGENCY SHALL BE A LOCAL AGENCY WHEN THE ANTICIPATED IMPACTS OF AN ACTION
 ARE PRIMARILY OF REGIONAL OR LOCAL SIGNIFICANCE.
 (B)  When  an  action  is to be carried out or approved by two or more
 agencies, the determination of whether the action may have a significant
 effect on the environment shall be made by the lead agency having  prin
 cipal  responsibility for carrying out or approving such action and such
 agency shall prepare, or cause to be prepared by contract or  otherwise,
 the environmental impact statement for the action if such a statement is
 required  by  this  article. In the event that there is a question as to
 which is the lead agency, any agency may  submit  the  question  to  the
 commissioner  and  the  commissioner  shall  designate  the lead agency,
 giving due consideration to the  capacity  of  such  agency  to  fulfill
 adequately the requirements of this article.
 

S 2. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend
 ment and/or repeal of any rule or regulation necessary for the implemen
 tation of this act on its effective date is authorized to be made on  or
 before such date.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14718-02-2

A9541-2011: Relates to the designation of lead agency for environmental quality review purposes in certain cases

A9541-2011 Actions

A9541-2011 Text

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