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Assembly Bill A8618

2017-2018 Legislative Session

Relates to the designation of lead agency for environmental quality review purposes in certain cases

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Archive: Last Bill Status - In Assembly Committee

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2017-A8618 (ACTIVE) - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §8-0111, En Con L
Versions Introduced in Other Legislative Sessions:
2011-2012: A9541
2013-2014: A784
2015-2016: A4852
2019-2020: A203

2017-A8618 (ACTIVE) - Summary

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.

2017-A8618 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8618
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   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. (A) IN DETERMINING THE LEAD AGENCY PURSUANT TO SECTION
 617.6 OF PART SIX HUNDRED SEVENTEEN OF TITLE SIX OF THE OFFICIAL  COMPI-
 LATION  OF  THE  NEW  YORK  STATE CODES, RULES AND REGULATIONS, THE LEAD
 AGENCY SHALL BE A LOCAL AGENCY WHEN THE ANTICIPATED IMPACTS OF AN ACTION
 ARE PRIMARILY OF REGIONAL OR LOCAL SIGNIFICANCE.
   (B) 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 prin-
 cipal 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.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be made on or
 before such date.

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

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