2013 New York Consolidated Laws
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 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,  ten  and
  the former article 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.