N.Y. Environmental Conservation Law § 8-0113: Rules and regulations

§ 8-0113. Rules and regulations.

1. After consultation with the other agencies subject to the

provisions of this article, including state agencies and representatives

of local governments and after conducting public hearings and review of

any other comments submitted, the commissioner shall adopt rules and

regulations implementing the provisions of this article within one

hundred and twenty days after the effective date of this section.

2. The rules and regulations adopted by the commissioner specifically

shall include:

(a) Definition of terms used in this article;

(b) Criteria for determining whether or not a proposed action may have

a significant effect on the environment, taking into account social and

economic factors to be considered in determining the significance of an

environmental effect, including whether it may cause or increase a

disproportionate pollution burden on a disadvantaged community;

(c) Identification on the basis of such criteria of:

(i) Actions or classes of actions that are likely to require

preparation of environmental impact statements;

(ii) Actions or classes of actions which have been determined not to

have a significant effect on the environment and which do not require

environmental impact statements under this article. In adopting the

rules and regulations, the commissioner shall make a finding that each

action or class of actions identified does not have a significant effect

on the environment;

(d) Typical associated environmental effects, and methods for

assessing such effects, of actions determined to be likely to require

preparation of environmental impact statements;

(e) Categorization of actions which are or may be primarily of

statewide, regional, or local concern, with provisions for technical

assistance including the preparation or review of environmental impact

statements, if requested, in connection with environmental impact review

by local agencies.

(f) Provision for the filing and circulation of draft environmental

impact statements pursuant to subdivision four of section 8-0109, and

environmental impact statements pursuant to subdivision six of section

8-0109, including, in addition to any other circulation and public

availability requirements, making such statements available free of

charge to the public and government agencies on the publicly-available

Internet website, unless impracticable. Printed filings and public

notices shall clearly indicate the address of the website at which such

filing is posted;

(g) Scope, content, filing and availability of findings required to be

made pursuant to subdivision eight of section 8-0109;

(h) Form and content of and level of detail required for an

environmental impact statement; and

(i) Procedures for obtaining comments on draft environmental impact

statements, holding hearings, providing public notice of agency

decisions with respect to preparation of a draft environmental

statement; and for such other matters as may be needed to assure

effective participation by the public and efficient and expeditious

administration of the article.

(j) Procedure for providing applicants with estimates, when requested,

of the costs expected to be charged them pursuant to subdivision seven

of section 8-0109 of this article.

(k) Appeals procedure for the settlement of disputed costs charged by

state agencies to applicants pursuant to subdivision seven of section

8-0109 of this article. Such appeal procedure shall not interfere or

cause delay in the determination of environmental significance or

prohibit an action from being undertaken.

(l) A model assessment form to be used during the initial review to

assist an agency in its responsibilities under this article.

3. Within the time periods specified in section 8-0117 of this article

the agencies subject to this article shall, after public hearing, adopt

and publish such additional procedures as may be necessary for the

implementation by them of this article consistent with the rules and

regulations adopted by the commissioner.

(a) Existing agency environmental procedures may be incorporated in

and integrated with the procedures adopted under this article, and

variance in form alone shall constitute no objection thereto. Such

individual agency procedures shall be no less protective of

environmental values, public participation, and agency and judicial

review than the procedures herein mandated.

(b) Such agency procedures shall provide for interagency working

relationships in cases where actions typically involve more than one

agency, liaison with the public, and such other procedures as may be

required to effect the efficient and expeditious administration of this

article.

4. Coordination with agricultural districts program. The commissioner,

in consultation with the commissioner of agriculture and markets, shall

amend the regulations promulgated pursuant to the provisions of this

section as necessary and appropriate to assure the adequate

consideration of impacts of public acquisitions, or the advancement of

public monies for non-farm development on lands used in agricultural

production and unique and irreplaceable agricultural lands within

agricultural districts in accordance with the provisions of subdivision

four of section three hundred five of the agriculture and markets law.