NY Env Conserv L § 8-0111 (2021)
2021 New York Laws ENV - Environmental Conservation Article 8 - Environmental Quality Review 8-0111 - Coordination of Reporting; Limitations; Lead Agency.

§ 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.