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: MARCELLINO / Co-sponsor(s): FUSCHILLO, JOHNSON, MARTINS / Committee: RULES
Law Section: Environmental Conservation Law / Law: Amd S8-0111, En Con L

S6525-2011 Actions

Jun 21, 2012: COMMITTED TO RULES
Mar 29, 2012: ADVANCED TO THIRD READING
Mar 28, 2012: 2ND REPORT CAL.
Mar 27, 2012: 1ST REPORT CAL.461
Feb 23, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION

S6525-2011 Meetings

Environmental Conservation: Mar 27, 2012

S6525-2011 Calendars

S6525-2011 Votes

VOTE: COMMITTEE VOTE: - Environmental Conservation - Mar 27, 2012

Ayes (9): Grisanti, Johnson, LaValle, Little, Marcellino, O'Mara, Young, Espaillat, Stewart-Cousins
Ayes W/R (4): Maziarz, Avella, Perkins, Serrano
Excused (1): Oppenheimer

S6525-2011 Memo

BILL NUMBER:S6525

TITLE OF BILL:
An act to amend the environmental conservation law, in relation to the
designation of lead agency for environmental quality review purposes
in certain cases

PURPOSE:
This legislation would insure that a local agency will be the lead
agency for all SEQRA purposes when the anticipated impacts of an
action are primarily of regional or local significance.

SUMMARY OF PROVISIONS:
Subdivision 6 of section 8-0111 of the environmental conservation law,
as added by chapter 612 of the laws of 1975 is amended to provide that
in cases when the impacts of an action are primarily of regional or
local significance the lead agency shall be a local agency.

JUSTIFICATION:
In cases when projects are undertaken that are primarily of regional
or local significance, the lead agency conducting the SEQRA review
should be a local agency.  Major projects have the greatest impact on
the host municipality. It stands to reason that the most qualified
entity to be the lead agency for environmental review would be at the
local level.

This legislation recognizes and seeks to insure that lead agency
status remains at the local level and should not be taken over at a
higher level of government for SEQRA review of projects that are
deemed of regional or local significance.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law. Effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date is authorized to be
made on or before such date.

S6525-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          6525
 I N  SENATE
 February 23, 2012
 
 Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
 when printed to be committed to the Committee on Environmental Conser
 vation
 

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

S6525-2011: Relates to the designation of lead agency for environmental quality review purposes in certain cases