2023 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 and ten of
the public service law or requiring a major renewable energy facility or
a major electric transmission facility siting permit under article eight
of the public service law; or
* NB Effective until December 31, 2040
* (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
* NB Effective December 31, 2040
(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.