Assembly Bill A784

2013-2014 Legislative Session

Relates to the designation of lead agency for environmental quality review purposes in certain cases

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A784 (ACTIVE) - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §8-0111, En Con L
Versions Introduced in Other Legislative Sessions:
2011-2012: A9541
2015-2016: A4852
2017-2018: A8618
2019-2020: A203

2013-A784 (ACTIVE) - Summary

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.

2013-A784 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   784

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. SCHIMEL, ENGLEBRIGHT, RA -- Multi-Sponsored by --
  M. of A. HOOPER, WEISENBERG -- read once and referred to the Committee
  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.

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