N.Y. Comp. Codes R. & Regs. tit. 21 § 461.5

Current through Register Vol. 46, No. 50, December 11, 2024

Section 461.5 - Action by the Power Authority

(a) If the action is an excluded, an exempt or a Type II action, no action under this Part is necessary.

(b) As early as possible, in the formulation and design of an action to be undertaken directly by the Power Authority, the director shall conduct an environmental analysis of the proposed action to determine whether the action may or will not have a significant effect on the environment.

(c) If the director determines that the action is a Type I action which will not have a significant effect on the environment, the director shall prepare and file a negative declaration following the procedures set forth in section 461.11(a) of this Part.

(d) If the director determines that the action is a Type I or unlisted action which may have a significant effect on the environment, and that the action does not require approval by other agencies, the director shall immediately prepare and file a positive declaration following the procedures set forth in section 461.11(a) of this Part. The director shall prepare or cause to be prepared draft and final EIS's following the procedures set forth in subdivisions (b)-(d) of such section.

(e) If the director determines that the action is a Type I or unlisted action which may have a significant effect on the environment, and that the action requires approval by other agencies, the director shall follow the procedures set forth in section 461.4 of this Part. If it is determined that the Power Authority is the lead agency, the procedures of subdivisions (c) and (d) of this section relating to the determination of significance and the preparation of an EIS shall be followed.

(f) If the director determines that the action is an unlisted action which will not significantly affect the environment, the director shall maintain a file of that determination and supporting reasons available for public inspection. Notices set forth in section 461.11 of this Part are not required.

(g) In the case of applications for permits or funding from the Power Authority, the director may require the applicant to supply any information in a specified form necessary to make the determinations required by this section or the preparation of an EAF. If an EIS is required, the applicant may prepare the EIS or request the authority to prepare it.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 461.5