N.Y. Environmental Conservation Law § 17-1017: Preemption of local law

§ 17-1017. Preemption of local law.

1. Except as provided in subdivision two of this section, any local

law or ordinance which is inconsistent with any provision of this title

or any rule and regulation promulgated hereunder shall be preempted.

2. a. Any local law or ordinance of any county, or of any city of a

population of one million or more, which is inconsistent with the

provisions of this title or any rules or regulations promulgated

hereunder shall not be preempted if such local law or ordinance provides

environmental protection equal to or greater than the provisions of this

title or any rules or regulations promulgated hereunder, and such county

or city files with the department a written declaration of its intent to

administer and enforce such local law or ordinance which is approved by

the commissioner in written findings which set forth the terms of such

approval.

b. When any county, or city of a population of one million or more,

files with the department a written declaration of its intent to

administer and enforce such local law or ordinance which is approved by

the commissioner in written findings which set forth the terms of such

approval, the department shall continue to administer and enforce any

provision of this title with respect to any public authority created

under the public authorities law and the public authority shall notify

in writing any such county, or city of a population of one million or

more when the public authority registers or reregisters a facility with

the department.