N.Y. Environmental Conservation Law § 8-0117: Phased implementation

§ 8-0117. Phased implementation.

1. With respect to the actions directly undertaken by any state

agency, the requirement of an environmental impact statement pursuant to

subdivision two of section 8-0109 of this article shall take effect on

the first day of September, nineteen hundred seventy-six.

2. With respect to actions or classes of actions identified by the

department as likely to require preparation of environmental impact

statements pursuant to subparagraph (i) of paragraph (c) of subdivision

two of section 8-0113 of this article directly undertaken by any local

agency, whether or not such actions are supported in whole or in part

through contracts, grants, subsidies, loans, or other forms of funding

assistance from one or more state agency; and all other actions or

classes of actions identified by the department as likely to require

preparation of environmental impact statements pursuant to subparagraph

(i) of paragraph (c) of subdivision two of section 8-0113 of this

article supported in whole or in part through contracts, grants,

subsidies, loans, or other forms of funding assistance from one or more

state agency, the requirement of an environmental impact statement

pursuant to subdivision two of section 8-0109 of this article shall take

effect on the first day of June, nineteen hundred seventy-seven.

3. With respect to actions or classes of actions identified by the

department as likely to require preparation of environmental impact

statements pursuant to subparagraph (i) of paragraph (c) of subdivision

two of section 8-0113 of this article supported in whole or in part

through contracts, grants, subsidies, loans, or other forms of funding

assistance from one or more local agency; and with respect to actions or

classes of actions identified by the department as likely to require

preparation of environmental impact statements pursuant to subparagraph

(i) of paragraph (c) of subdivision two of section 8-0113 of this

article involving the issuance to a person of a lease, permit,

certificate or other entitlement for use or permission to act by one or

more state or local agency, the requirement of an environmental impact

statement pursuant to subdivision two of section 8-0109 of this article

shall take effect on the first day of September, nineteen hundred

seventy-seven.

4. With respect to all other actions not included in subdivision two

or three of this section which are subject to this article, the

requirement of an environmental impact statement pursuant to subdivision

two of section 8-0109 of this article shall take effect on the first day

of November, nineteen hundred seventy-eight.

5. Agencies subject to this article shall adopt and publish the

additional necessary procedures described in subdivision three of

section 8-0113 of this article, as follows:

(a) With respect to actions included within subdivision one of this

section, no later than August 1, 1976.

(b) With respect to actions included within subdivision two of this

section, no later than April 1, 1977.

(c) With respect to actions included within subdivision three of this

section, no later than July 1, 1977.

(d) With respect to actions included within subdivision four of this

section, no later than November 1, 1978.

Any agency which has not adopted and published the additional

necessary procedures described in subdivisions two and three of section

8-0113 of this article according to the dates set forth in this section

shall utilize those procedures found in Part 617 of title six

(environmental conservation) of the official compilation of the codes,

rules and regulations of the state of New York for purposes of

implementing this article until such time as such agency has adopted and

published its own procedures.