N.Y. Executive Law § 883: Conceptual review

* § 883. Conceptual review. 1. The office at the request of the

director may, at the request of any person proceeding in accordance with

section eight hundred eighty-one of this article, provide a conceptual

review of a proposed business undertaking, project, or activity which

may require multiple permits, which will take place in phases over an

extended period of time, or which will involve substantial expense for

preparing detailed plans, specifications, and permit applications. Each

interested state agency shall participate in the conceptual review; and

the person shall provide such information in addition to that provided

in the master application as the state agencies shall reasonably

request.

2. After consideration of the master application and any additional

information, each interested state agency shall render to the person a

written conceptual review determination, which will provide an official

opinion as to the general acceptability of the proposed business

undertaking, project, or activity and which will state all permits which

such agency would require, the standards and conditions which would have

to be met in order to obtain approval of such permits, and any properly

related circumstances or findings.

3. Each interested state agency participating in the conceptual review

shall render the written conceptual review determination within a period

not exceeding sixty days from the date fixed by the director, provided,

however, that such period may be extended by the director at the request

of an interested state agency for the further consideration of the

master application and any additional information provided in accordance

with subdivision one of this section. The director shall advise the

person having requested the conceptual review of such extension, the

reasons therefor, and the revised period fixed by the director for

rendering the conceptual review determination; and such person shall be

entitled to confer with the office and with any state agency having been

granted an extension of time to ascertain what further information, if

any, is required to facilitate the conceptual review determination.

4. A conceptual review determination shall not relieve the person from

the responsibility of obtaining any required permits and shall be

contingent upon the submission of such detailed plans, specifications

and information as may be required for permit applications. A conceptual

review determination shall remain in effect indefinitely for the

proposed business undertaking, project, or activity as described in the

master application and any additional information submitted as part of

the conceptual review, provided, however, that if new permit

requirements or related standards, over which a state agency has no

control or discretion in establishing the effective date thereof,

subsequently become effective, such new permit requirements or standards

shall not be considered to have been part of the conceptual review

determination.

5. The office shall provide in its rules for the procedures to be

followed in the conduct of a conceptual review and shall coordinate the

delivery of conceptual review determinations to the person, provided,

however, that any state agency authorized to conduct a conceptual review

under other provisions of law may, in consultation with the person and

the director, elect to follow such provisions with respect to rendering

the conceptual review determination authorized by this section.

* NB Authority of office terminated per § 893 December 31, 1995