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This entry was published on 2021-04-23
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SECTION 8-0111
Coordination of reporting; limitations; lead agency
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 8
§ 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 requiring a siting
permit under section ninety-four-c of the executive 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.