Let Towns Review Big Projects

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 undesignated 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 significant 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 significantly affect the quality of the environment, and to solicit comments which will assist the agency in the decision making process in determining 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 considered 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 fiftyfive 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 addition, 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 seventy-eight of the civil practice law and rules.

§ 3. This act shall take effect immediately.