S T A T E O F N E W Y O R K
________________________________________________________________________
2291
2019-2020 Regular Sessions
I N A S S E M B L Y
January 22, 2019
___________
Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
tee on Environmental 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.
§ 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,
SAFETY, AND PUBLIC WELFARE OF AN ADJOINING MUNICIPALITY WITHOUT JURIS-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04533-01-9
A. 2291 2
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 OF THIS ARTICLE. In addi-
tion, unless impracticable, 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.
§ 3. This act shall take effect immediately.