Bill Text: NY A08618 | 2017-2018 | 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: Slight Partisan Bill (Democrat 6-2)

Status: (Introduced - Dead) 2018-01-03 - referred to environmental conservation [A08618 Detail]

Download: New_York-2017-A08618-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8618
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    September 1, 2017
                                       ___________
        Introduced by M. of A. D'URSO -- 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    § 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 are 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.
                                                                   LBD13402-01-7