Bill Text: NY A04852 | 2015-2016 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-01-06 - referred to environmental conservation [A04852 Detail]

Download: New_York-2015-A04852-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4852
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 9, 2015
                                      ___________
       Introduced by M. of A. SCHIMEL, ENGLEBRIGHT, COOK, MONTESANO, RA, McKEV-
         ITT  --  Multi-Sponsored  by -- M. of A. GRAF, HOOPER -- 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:
    1    Section  1.  Subdivision  6  of  section  8-0111  of the environmental
    2  conservation law, as added by chapter  612  of  the  laws  of  1975,  is
    3  amended to read as follows:
    4    6. Lead Agency. (A) IN DETERMINING THE LEAD AGENCY PURSUANT TO SECTION
    5  617.6  OF PART SIX HUNDRED SEVENTEEN OF TITLE SIX OF THE OFFICIAL COMPI-
    6  LATION OF THE NEW YORK STATE CODES,  RULES  AND  REGULATIONS,  THE  LEAD
    7  AGENCY SHALL BE A LOCAL AGENCY WHEN THE ANTICIPATED IMPACTS OF AN ACTION
    8  ARE PRIMARILY OF REGIONAL OR LOCAL SIGNIFICANCE.
    9    (B)  When  an  action  is to be carried out or approved by two or more
   10  agencies, the determination of whether the action may have a significant
   11  effect on the environment shall be made by the lead agency having  prin-
   12  cipal  responsibility for carrying out or approving such action and such
   13  agency shall prepare, or cause to be prepared by contract or  otherwise,
   14  the environmental impact statement for the action if such a statement is
   15  required  by  this  article. In the event that there is a question as to
   16  which is the lead agency, any agency may  submit  the  question  to  the
   17  commissioner  and  the  commissioner  shall  designate  the lead agency,
   18  giving due consideration to the  capacity  of  such  agency  to  fulfill
   19  adequately the requirements of this article.
   20    S 2. This act shall take effect on the one hundred twentieth day after
   21  it  shall have become a law. Effective immediately, the addition, amend-
   22  ment and/or repeal of any rule or regulation necessary for the implemen-
   23  tation of this act on its effective date is authorized to be made on  or
   24  before such date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06156-01-5