S T A T E O F N E W Y O R K
________________________________________________________________________
5721
2017-2018 Regular Sessions
I N A S S E M B L Y
February 14, 2017
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Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
permitting the designation of counties or the department to serve as
lead agency in relation to municipal annexations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 6 of section 8-0111 of the environmental
conservation law, as added by chapter 612 of the laws of 1975, is
amended to read as follows:
6. Lead [Agency] AGENCY; ESTABLISHMENT. (A) 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 arti-
cle. In the event that there is a question as to which is the lead agen-
cy, 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.
(B) (I) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, IN THE
CASE OF A MUNICIPAL ANNEXATION APPLICATION MADE UNDER ARTICLE 17 OF THE
GENERAL MUNICIPAL LAW, THE COMMISSIONER MAY, IN THE ALTERNATIVE TO
DESIGNATING ANY AGENCY OTHERWISE ELIGIBLE TO BE LEAD AGENCY, DESIGNATE A
COUNTY LEGISLATURE OR BOARD OF SUPERVISORS IN ANY COUNTY WHERE THE ANNE-
XATION IS PROPOSED TO EXPAND OR DIMINISH THE MUNICIPAL BOUNDARY OF, WITH
THE ADVICE OF THE COUNTY PLANNING OR OTHER COUNTY DEPARTMENT AND THE
CONSENT OF, IF THERE BE ONE, AN ELECTED COUNTY EXECUTIVE OR OTHER
ELECTED CHIEF EXECUTIVE OFFICER, TO BE THE LEAD AGENCY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09025-01-7
A. 5721 2
(II) IN THE ALTERNATIVE TO A COUNTY LEGISLATURE OR BOARD OF SUPERVI-
SORS REQUESTING TO BE LEAD AGENCY, SUCH COUNTY LEGISLATURE OR BOARD OF
SUPERVISORS IN A COUNTY WHERE A MUNICIPAL ANNEXATION IS PROPOSED MAY
REQUEST, AND THE COMMISSIONER MAY DESIGNATE THE DEPARTMENT, INCLUDING
BUT NOT LIMITED TO THE REGIONAL DIRECTOR OF THE DEPARTMENT WHERE THE
ANNEXATION IS PROPOSED TO TAKE PLACE WITHIN TO BE LEAD AGENCY. THE
COMMISSIONER MAY DESIGNATE EITHER THE COUNTY LEGISLATURE OR BOARD OF
SUPERVISORS OR THE DEPARTMENT TO BE LEAD AGENCY NOTWITHSTANDING THE FACT
THAT NO DIRECT APPROVAL OF THE ACTION NEED BE GIVEN BY SUCH ENTITY WHERE
THE COMMISSIONER FINDS THE PROPOSED ANNEXATION MAY HAVE A SUBSTANTIVE
ENVIRONMENTAL IMPACT RELATING TO ANY OR ALL OF THE FOLLOWING: TRAFFIC,
SEWER, WATER, DESTRUCTION OF NATURAL RESOURCES, OR OTHER IMPLICATIONS
WHICH MAY SUBSTANTIALLY ALTER A COMMUNITY'S CHARACTER.
§ 2. The commissioner shall be permitted to withdraw any lead agency
decision issued by him or her in the one hundred eighty days prior to
the effective date of this act and permit a new decision to be made if a
request for the same occurs within thirty days of this act becoming law.
§ 3. This act shall take effect immediately.