N.Y. ENV Law § 8-0111 — New York Code / Act ENV / Article 8 / Section 8-0111
Coordination of reporting; limitations; lead agency
Status: in_force

§ 8-0111. Coordination of reporting; limitations; lead agency.\n  1. State and federal reports coordinated. Where an agency as herein\ndefined directly or indirectly participates in the preparation of or\nprepares a statement or submits material relating to a statement\nprepared pursuant to the requirements of the National Environmental\nPolicy Act of 1969, whether by itself or by another person or firm,\ncompliance with this article shall be coordinated with and made in\nconjunction with federal requirements in a single environmental\nreporting procedure.\n  2. Federal report. Where the agency does not participate, as above\ndefined, in the preparation of the federal environmental impact\nstatement or in preparation or submission of materials relating thereto,\nno further report under this article is required and the federal\nenvironmental impact statement, duly prepared, shall suffice for the\npurpose of this article.\n  3. State and local coordination. Necessary compliance by state or\nlocal agencies with the requirements of this article shall be\ncoordinated in accordance with section 8-0107 and with other\nrequirements of law in the interests of expedited proceedings and prompt\nreview.\n  4. Effective date of coordinated reporting. The requirements of this\nsection with regard to coordinated preparation of federal and state\nimpact materials and reporting shall not apply to statements prepared\nand filed prior to the effective date of this article.\n  5. Exclusions. The requirements of this article shall not apply to:\n  (a) Actions undertaken or approved prior to the effective date of this\narticle, except:\n  (i) In the case of an action where it is still practicable either to\nmodify the action in such a way as to mitigate potentially adverse\nenvironmental effects or to choose a feasible and less environmentally\ndamaging alternative, in which case the commissioner may, at the request\nof any person or on his own motion, in a particular case, or generally\nin one or more classes of cases specified in rules and regulations,\nrequire the preparation of an environmental impact statement pursuant to\nthis article; or\n  (ii) In the case of an action where the responsible agency proposes a\nmodification of the action and the modification may result in a\nsignificant adverse effect on the environment, in which case an\nenvironmental impact statement shall be prepared with respect to such\nmodification.\n  * (b) Actions subject to the provisions requiring a certificate of\nenvironmental compatibility and public need in articles seven and ten of\nthe public service law or requiring a major renewable energy facility or\na major electric transmission facility siting permit under article eight\nof the public service law; or\n  * NB Effective until December 31, 2040\n  * (b) Actions subject to the provisions requiring a certificate of\nenvironmental compatibility and public need in articles seven, ten and\nthe former article eight of the public service law or requiring a siting\npermit under section ninety-four-c of the executive law; or\n  * NB Effective December 31, 2040\n  (c) Actions subject to the class A or class B regional project\njurisdiction of the Adirondack park agency or a local government\npursuant to section eight hundred seven, eight hundred eight or eight\nhundred nine of the executive law, except class B regional projects\nsubject to review by local government pursuant to section eight hundred\nseven of the executive law located within the Lake George park as\ndefined by subdivision one of section 43-0103 of this chapter.\n  5-a. Exemptions. (a) Notwithstanding any law, rule, or regulation to\nthe contrary, the qualified actions listed in paragraph (b) of this\nsubdivision shall be exempt from the requirements of this article as\ndetermined by the responsible agency. In making this determination, the\nresponsible agency shall consider the action as a whole. If the\nresponsible agency determines that no aspect of the action requires\nreview under this article, meaning every aspect of the action meets\ncriteria for exemption pursuant to paragraph (b) of this subdivision or\nis otherwise exempt from the requirements of this article, the agency\nmay proceed in accordance with the criteria and standards for final\ndecision under other applicable laws, regulations, and ordinances.\n  (b) An action that is not otherwise exempt from the requirements of\nthis article, which may include building permits, special use permits,\nvariances, subdivision approvals, site plan approvals, zoning text or\nmap amendments, disposition or acquisition of real property, provision\nof financial assistance, any other actions governed by laws, rules,\nregulations, or procedures concerning land use, zoning, permitting, real\nproperty acquisition or disposition, or development financial\nassistance, or any combination thereof, shall be a qualified action\nexempt from the requirements of this article if the responsible agency\ndetermines that the action is for the purposes of:\n  (i) construction of housing in cities, towns, and villages with\npopulations of one million or more that shall:\n  (1) be connected to existing community or public water and sewerage\nsystems at the commencement of habitation;\n  (2) be located at a previously disturbed site;\n  (3) not be located within an area zoned exclusively for industrial\nuses;\n  (4) contain no more than fifty thousand square feet of commercial,\nretail, community facility, or other non-industrial non-residential\nuses;\n  (5) not exceed two hundred fifty dwelling units, provided, however,\nthat for housing that shall be located within a zoning district where,\nat the time of application, (A) the standard maximum residential\nbuilding height is greater than forty-five feet, (B) the maximum height\nof a building is regulated by something other than a horizontal plane\nand that allows residential buildings to exceed forty-five feet, or (C)\nthere is no such maximum building height, such housing shall not exceed\nfive hundred dwelling units; and\n  (6) not include construction of only one single-family residence on a\nparcel of one-half or more acres;\n  (ii) construction of housing in cities, towns, and villages with\npopulations of fewer than one million persons that shall:\n  (1) be connected to existing community or public water and sewerage\nsystems at the commencement of habitation;\n  (2) be located at a previously disturbed site;\n  (3) contain no more than twenty percent commercial, retail, community\nfacility, or other non-industrial non-residential uses by gross floor\narea;\n  (4) not exceed one hundred dwelling units, provided, however, for\nhousing within cities, towns, or villages without zoning, such housing\nshall not exceed twenty dwelling units, and provided further, that for\nhousing not within cities, towns, or villages without zoning but within\nan urban area, as such term or equivalent term is or comes to be defined\nby the United States Census Bureau in the most recent decennial census\nbeginning on or after the two thousand twenty decennial census, such\nhousing shall not exceed three hundred dwelling units; and\n  (5) not include construction of only one single-family residence on a\nparcel of one or more acres;\n  (iii) construction located at a previously disturbed site of public\nparks that do not include performance centers, athletic stadiums, or\nother venues for mass gatherings, or other buildings or structures which\ndo not serve public park, recreation, or open space purposes;\n  (iv) construction located at a previously disturbed site of multi-use\nbicycle and pedestrian trails;\n  (v) construction of public school facilities to be connected at the\ncommencement of use to existing community or public water and sewerage\nsystems, including sewage treatment works, in a city with a population\nof one million or more;\n  (vi) water and wastewater infrastructure projects that:\n  (1) replace, rehabilitate or reconstruct municipal water or wastewater\ninfrastructure, in-kind and on the same site, including lead service\nline replacement;\n  (2) replace, rehabilitate, upgrade or reconstruct an existing small\ncommunity water system, including lead service line replacement; or\n  (3) provide sewer service to a disadvantaged community served by one\nor more inadequate sewage treatment systems that has been determined by\nthe department not to require a permit or approval pursuant to articles\nfifteen, twenty-four or twenty-five of this chapter or any rules or\nregulations promulgated thereunder; or\n  (vii) retrofit of an existing structure and its appurtenant areas to\nincorporate green infrastructure.\n  (c) (i) For an application for a permit or authorization for a\nqualified action listed in subparagraph (i) or (v) of paragraph (b) of\nthis subdivision, to qualify for exemption from the requirements of this\narticle pursuant to this subdivision, such action shall be subject to a\nrequirement to comply with local municipal requirements regarding\nhazardous materials remediation to the extent applicable, and the\napplicant for a permit or authorization for such qualified action shall\ncertify that (1) it has followed and will follow all applicable laws,\nrules, and regulations regarding hazardous waste, (2) for an application\nfor a permit or authorization for a qualified action other than a land\nuse action, zoning text amendment, zoning map amendment, or variance, a\nPhase I Environmental Site Assessment has been conducted for the parcel\nin accordance with the all appropriate inquiries regulations of the\nUnited States Environmental Protection Agency under the federal\nComprehensive Environmental Response, Compensation and Liability Act (40\nCFR § 312) to identify any recognized environmental conditions, (3) it\nhas followed or will follow all applicable recommendations of the Phase\nI Environmental Site Assessment, and (4) it will report contamination\nat, on, or under the parcel as required by applicable laws, rules, and\nregulations.\n  (ii) For an application for a permit or authorization for a qualified\naction listed in subparagraph (ii) of paragraph (b) of this subdivision,\nother than a land use action, zoning text amendment, zoning map\namendment, or variance, to qualify for exemption from the requirements\nof this article pursuant to this subdivision, the applicant for a permit\nor authorization for such qualified action shall certify to the\nresponsible agency that (1) a Phase I Environmental Site Assessment has\nbeen conducted for the parcel in accordance with the all appropriate\ninquiries regulations of the United States Environmental Protection\nAgency under the federal Comprehensive Environmental Response,\nCompensation and Liability Act (40 CFR § 312) to identify any recognized\nenvironmental conditions, (2) it has followed and will follow all\napplicable laws, rules, and regulations regarding hazardous waste,\nincluding, to the extent applicable, complying with local municipal\nrequirements regarding hazardous materials remediation, (3) it has\nfollowed or will follow all applicable recommendations of the Phase I\nEnvironmental Site Assessment, and (4) it will report contamination at,\non, or under the parcel as required by applicable laws, rules, and\nregulations.\n  (iii) The requirements of this paragraph shall not apply (1) to a\nqualified action initiated by an agency, or (2) if the applicant was\npreviously granted an exemption pursuant to subparagraphs (i), (ii), or\n(v) of paragraph (b) of this subdivision for the same parcel.\n  (d) For actions involving applications for a permit or authorization,\nthe responsible agency shall determine whether such action is a\nqualified action pursuant to this subdivision within one hundred twenty\ndays of receipt of such application, unless the responsible agency\nextends the deadline in writing and, in consultation with an applicant\nand at the discretion of the agency, establishes a new deadline that\nprovides only so much additional time as is necessary to make such\ndetermination. In no event shall the deadline be extended by more than\nthirty days, except where (i) changes are made by the applicant to the\napplication after its submission to the responsible agency and such\nchanges relate to the criteria for exemption pursuant to paragraph (b)\nof this subdivision, (ii) an applicant fails to timely provide necessary\ninformation despite good faith effort by an agency, or (iii) there are\ncircumstances beyond the control of the agency or an applicant that\ncause delay requiring an extension beyond thirty days. If the\nresponsible agency fails to make a determination pursuant to this\nsubdivision within the delineated time limits, an applicant may\ninstitute a proceeding in a court of competent jurisdiction under\narticle seventy-eight of the civil practice law and rules seeking\nappropriate relief from the court, which may include an order directing\nthe agency to make a determination by a deadline specified by the court.\n  6. Lead Agency. When an action is to be carried out or approved by two\nor more agencies, the determination of whether the action may have a\nsignificant effect on the environment shall be made by the lead agency\nhaving principal responsibility for carrying out or approving such\naction and such agency shall prepare, or cause to be prepared by\ncontract or otherwise, the environmental impact statement for the action\nif such a statement is required by this article. In the event that there\nis a question as to which is the lead agency, any agency may submit the\nquestion to the commissioner and the commissioner shall designate the\nlead agency, giving due consideration to the capacity of such agency to\nfulfill adequately the requirements of this article.\n  7. Statute of limitations. The time to commence a proceeding to review\nan agency determination under the provisions of this article or under\nthe rules or regulations implementing the provisions of this article\nshall begin to accrue when the agency determination to approve or\ndisapprove the action becomes final and binding upon the petitioner or\nthe person whom the petitioner represents in law or in fact.\n  8. Construction. Nothing contained in the chapter of the laws of two\nthousand twenty-six which added this subdivision shall be interpreted or\nconstrued as superseding, limiting, modifying or affecting any\nauthorizations, requirements, or procedures under the national historic\npreservation act of nineteen hundred sixty-six, the New York state\nhistoric preservation act of nineteen hundred eighty, the parks,\nrecreation and historic preservation law, or any other state or local\nlaw governing the identification, protection, or management of historic\nproperties, or under any rules or regulations promulgated thereunder.\nNor shall anything in the chapter of the laws of two thousand twenty-six\nwhich added this subdivision be interpreted or construed as superseding,\nlimiting, modifying or affecting any authorizations, requirements, or\nprocedures, including but not limited to laws, rules and regulations\napplicable to disadvantaged communities, stormwater management or the\nprotection of water quality, air quality, soil erosion and drainage,\nfreshwater wetlands, tidal wetlands, critical environmental areas, or\nthreatened or endangered species, or any otherwise applicable statutory\nor regulatory standards, criteria, and permitting procedures, other than\nthose pertaining to environmental review conducted pursuant to this\narticle and any state and local regulations promulgated thereunder. Nor\nshall anything in the chapter of the laws of two thousand twenty-six\nwhich added this subdivision be interpreted or construed as superseding,\nlimiting, modifying or affecting the authority or discretion of cities,\ntowns, and villages under applicable state or local law, rule,\nregulation, charter, code, resolution, or ordinance regarding zoning or\nland use, including but not limited to any such authority or discretion\nregarding site plan review or other discretionary zoning or land use\npermits, procedures, review, or approvals, such as traffic studies,\ncontamination testing, and determinations of the sufficiency of\nwastewater and drinking water capacity.\n