S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1877
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2017
                                ___________
 
 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.
              

                                                            LBD03382-01-7

 A. 1877                             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.