N.Y. Environmental Conservation Law § 29-0105: Certification of site and disposal method selection

§ 29-0105. Certification of site and disposal method selection.

1. Upon application by the commission, the department shall certify

that the commission's selection of the site or sites and disposal method

or methods pursuant to section 29-0305 of this article is in conformance

with the applicable siting criteria promulgated pursuant to section

29-0103 of this title; shall certify that, with modifications proposed

by the department, the selection would be in conformance with the

applicable siting criteria; or shall refuse to certify such selection

and shall specify the manner in which such selection fails to meet the

applicable siting criteria. Such certification or refusal to certify

shall be based upon the record. The department shall hold public

hearings with respect to the draft environmental impact statement and

with respect to the application for certification. Such hearings and

such certification or refusal to certify shall be completed within one

hundred eighty days of the commission's submission of a complete

application for certification.

2. The department shall publish in the state register notice of its

decision on the application for certification of the site and disposal

method selection.

3. The department's decision on the application for certification of

the site and disposal method selection and the accompanying final

environmental impact statement shall be submitted by the department to

the governor, the legislature, and the chairman of the New York state

energy research and development authority. In addition to any other

information otherwise required for a final environmental impact

statement, such statement shall include:

a. copies of the minutes of the public hearing held on the draft

environmental impact statement on siting and disposal method selection

and of recommendations from the advisory committee established pursuant

to section 29-0501 of this article, and the department's responses to

the views, comments, information, and recommendations therein; and

b. a listing providing a brief description, identification, or

reference for each report, study, or other document relied upon by the

department for information supporting its analyses or conclusions.