Requires that an affected municipality, upon request, be designated as a co-lead agency for the quality review of a proposed action

2 Co-sponsors

• William Colton
• Annette Robinson

3 Multi-sponsors

• Barbara Lifton
• David McDonough
• Frank Skartados

BILL NUMBER:A9369

Title of bill

An act to amend the environmental conservation law, in relation to environmental quality review

Purpose or general idea of bill

This bill amends the environmental conservation law to require that an affected municipality, upon request, be designated as a co-lead agency for the quality review of a proposed action.

Summary of specific provisions

Section one contains legislative findings recognizing the importance of reviewing the regional impacts of a proposed action at the initial stage of the environmental review process.

Section two amends Subdivision 4 of Section 8-0109 of the environmental conservation law, as added by chapter 219 of the laws of 1990, the fourth undesignated paragraph as amended by chapter 238 of the laws of 1991, to add a provision that in making an initial determination, the responsible agency and applicant shall consider whether such action shall have adverse environmental impacts on an adjacent municipality without jurisdiction over the action. If the action is found to cause or increase adverse environmental impacts the local municipality, upon request, shall be designated as a co-lead agency for the review of the action.

Additionally, the initial determination with respect to the adverse environmental impact of an action on an adjacent municipality shall be reviewable pursuant to article seventy-eight of the civil practice law and rules.

Effects of present law which the bill will alter

Section one contains legislative findings recognizing the importance of reviewing the regional impacts of a proposed action at the initial stage of the environmental review process.

Section two amends Subdivision 4 of Section 8-0109 of the environmental conservation law, as added by chapter 219 of the laws of 1990, the fourth undesignated paragraph as amended by chapter 238 of the laws of 1991, to add a provision that in making an initial determination, the responsible agency and applicant shall consider whether such action shall have adverse environmental impacts on an adjacent municipality without jurisdiction over the action. If the action is found to cause or increase adverse environmental impacts the local municipality, upon request, shall be designated as a co-lead agency for the review of the action.

Either the applicant or a locality will have the right to have judicial review of initial determinations pertaining to lead agency status.

Justification

In rare cases, proposed private actions may threaten to cause substan- tial adverse environmental impacts (for example, but not limited to air and/or water pollution) in areas situated outside of the municipality where the site of such proposed private action or development is located. Under current law municipalities may suffer significant adverse environmental effects from proposed private actions. This bill would enable a municipality to be designated a co-lead agency for the review of a proposed action that may cause substantial adverse environmental impacts. Currently, the municipality would be without any jurisdiction over the proposed action. Either the applicant or a locality will have the right to have judicial review of initial determinations pertaining to lead agency status.

Prior legislative history

A8672B of 2003-2004. A00351 of 2005-2006. A1477 of 2007-2008. A3431 of 2009 (Bradley)

Fiscal implications for state and local governments

None.

Effective date

Immediately.