New York Laws
Article 8 - Environmental Quality Review
8-0111 - Coordination of Reporting; Limitations; Lead Agency.

(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.