2010 New York Code
ENV - Environmental Conservation
Article 8 - (8-0101 - 8-0117) ENVIRONMENTAL QUALITY REVIEW
8-0111 - Coordination of reporting; limitations; lead agency.

§ 8-0111. Coordination of reporting; limitations; lead agency.
    1.  State  and  federal reports coordinated. Where an agency as herein
  defined directly or indirectly participates in  the  preparation  of  or
  prepares  a  statement  or  submits  material  relating  to  a statement
  prepared pursuant to the  requirements  of  the  National  Environmental
  Policy  Act  of  1969,  whether  by itself or by another person or firm,
  compliance with this article shall  be  coordinated  with  and  made  in
  conjunction   with   federal  requirements  in  a  single  environmental
  reporting procedure.
    2. Federal report. Where the agency does  not  participate,  as  above
  defined,   in  the  preparation  of  the  federal  environmental  impact
  statement or in preparation or submission of materials relating thereto,
  no further report  under  this  article  is  required  and  the  federal
  environmental  impact  statement,  duly  prepared, shall suffice for the
  purpose of this article.
    3. State and local coordination.  Necessary  compliance  by  state  or
  local   agencies   with  the  requirements  of  this  article  shall  be
  coordinated  in  accordance  with  section   8-0107   and   with   other
  requirements of law in the interests of expedited proceedings and prompt
  review.
    4.  Effective  date of coordinated reporting. The requirements of this
  section with regard to coordinated  preparation  of  federal  and  state
  impact  materials  and  reporting shall not apply to statements prepared
  and filed prior to the effective date of this article.
    5. Exclusions. The requirements of subdivision two of  section  8-0109
  of this article shall not apply to:
    (a) Actions undertaken or approved prior to the effective date of this
  article, except:
    (i)  In  the case of an action where it is still practicable either to
  modify the action in such a  way  as  to  mitigate  potentially  adverse
  environmental  effects  or to choose a feasible and less environmentally
  damaging alternative, in which case the commissioner may, at the request
  of any person or on his own motion, in a particular case,  or  generally
  in  one  or  more  classes  of cases specified in rules and regulations,
  require the preparation of an environmental impact statement pursuant to
  this article; or
    (ii) In the case of an action where the responsible agency proposes  a
  modification  of  the  action  and  the  modification  may  result  in a
  significant  adverse  effect  on  the  environment,  in  which  case  an
  environmental  impact  statement  shall be prepared with respect to such
  modification.
    (b) Actions subject to  the  provisions  requiring  a  certificate  of
  environmental  compatibility and public need in articles seven and eight
  of the public service law; or
    (c) Actions subject to  the  class  A  or  class  B  regional  project
  jurisdiction  of  the  Adirondack  park  agency  or  a  local government
  pursuant to section eight hundred seven, eight hundred  eight  or  eight
  hundred  nine  of  the  executive  law, except class B regional projects
  subject to review by local government pursuant to section eight  hundred
  seven  of  the  executive  law  located  within  the Lake George park as
  defined by subdivision one of section 43-0103 of this chapter.
    6. Lead Agency. 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 principal 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.