S T A T E   O F   N E W   Y O R K
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                                  3431

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M. of A. BRADLEY, COLTON, ROBINSON -- Multi-Sponsored by
  -- M. of A. LIFTON -- read once and referred to the Committee on Envi-
  ronmental Conservation

AN ACT to amend the environmental conservation law, in relation to envi-
  ronmental quality review

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative findings. 1. The legislature hereby finds and
declares that proposed actions may have  adverse  environmental  impacts
upon  surrounding  communities and that such impacts may be inconsistent
with smart growth initiatives and other  regional  planning  initiatives
undertaken in these areas and may affect the long-term environmental and
economic sustainability of New York.
  2.  The  legislature  further  finds and declares that it shall be the
policy of the state of New York that the regional  impacts  of  proposed
actions  shall  be considered at the initial stages of the environmental
review process.
  S 2. Subdivision 4 of section 8-0109 of the environmental conservation
law, as amended by chapter 219 of the laws of 1990, the fourth  undesig-
nated  paragraph  as amended by chapter 238 of the laws of 1991, and the
fifth undesignated paragraph as amended by chapter 641 of  the  laws  of
2005, is amended to read as follows:
  4.  (A)  As  early as possible in the formulation of a proposal for an
action, the responsible  agency  shall  make  an  initial  determination
whether  an  environmental  impact  statement  need  be prepared for the
action. When an action is to be carried out or approved by two  or  more
agencies,  such  determination  shall be made as early as possible after
the designation of the lead agency.
  (B) IN MAKING  SUCH  INITIAL  DETERMINATION,  THE  RESPONSIBLE  AGENCY
AND/OR  APPLICANT  SHALL CONSIDER WHETHER SUCH ACTION MAY HAVE A SIGNIF-
ICANT EFFECT ON THE ENVIRONMENT THAT WOULD ADVERSELY IMPACT THE  HEALTH,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03264-01-9
              

A. 3431                             2

SAFETY,  AND  PUBLIC WELFARE OF AN ADJOINING MUNICIPALITY WITHOUT JURIS-
DICTION OVER THE ACTION; IF  THE  ACTION  MAY  CAUSE  OR  INCREASE  SUCH
ADVERSE ENVIRONMENTAL IMPACTS, SUCH MUNICIPALITY SHALL, UPON REQUEST, BE
DESIGNATED AS A CO-LEAD AGENCY FOR THE REVIEW OF THE ACTION.
  (C)  With respect to actions involving the issuance to an applicant of
a permit or other entitlement, the agency shall notify the applicant  in
writing  of  its  initial determination specifying therein the basis for
such determination. Notice  of  the  initial  determination  along  with
appropriate  supporting findings on agency actions shall be kept on file
in the main office of the agency for public inspection.
  (D) If the agency determines that  such  statement  is  required,  the
agency  or  the  applicant  at  its  option shall prepare or cause to be
prepared a draft environmental impact statement. If the  applicant  does
not  exercise  the  option  to  prepare such statement, the agency shall
prepare it, cause it to be prepared, or  terminate  its  review  of  the
proposed  action.  Such statement shall describe the proposed action and
reasonable alternatives to the action, and briefly discuss, on the basis
of information then  available,  the  remaining  items  required  to  be
submitted  by  subdivision  two  of this section. The purpose of a draft
environmental statement is to relate environmental considerations to the
inception of the planning process, to inform the public and other public
agencies as early as possible about proposed actions  that  may  signif-
icantly  affect  the quality of the environment, and to solicit comments
which will assist the agency in the decision making process in determin-
ing the environmental consequences of the  proposed  action.  The  draft
statement  should  resemble in form and content the environmental impact
statement to be prepared after comments have been received  and  consid-
ered  pursuant  to  subdivision two of this section; however, the length
and detail of the draft environmental statement will necessarily reflect
the preliminary nature of the proposal and the early stage at  which  it
is prepared.
  (E) For any action for which the agency determines that such statement
is  not  required  and  which  would take place in a special groundwater
protection area, as defined in section  55-0107  of  this  chapter,  the
agency  shall show how such action would or would not be consistent with
the comprehensive management plan of the special groundwater  protection
program,  as  implemented by the commissioner pursuant to article fifty-
five of this chapter.
  (F) The draft statement shall be filed with the  department  or  other
designated  agencies and shall be circulated to federal, state, regional
and local agencies having an interest in  the  proposed  action  and  to
interested  members  of  the public for comment, as may be prescribed by
the commissioner pursuant to section 8-0113. In addition, unless imprac-
ticable, the draft statement shall be  posted  on  a  publicly-available
Internet  website.  The  website  posting of such draft statement may be
discontinued when the environmental impact statement is posted  pursuant
to subdivision six of this section.
  (G)  THE  INITIAL DETERMINATION WITH RESPECT TO THE SIGNIFICANT EFFECT
ON THE ENVIRONMENT OF AN  ADJOINING  MUNICIPALITY  WITHOUT  JURISDICTION
OVER  THE PROPOSED ACTION SHALL BE REVIEWABLE PURSUANT TO ARTICLE SEVEN-
TY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
  S 3. This act shall take effect immediately.