N.Y. Comp. Codes R. & Regs. tit. 21 § 3050.5

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

Section 3050.5 - Procedures prior to the preparation of draft EIS's; actions involving other agencies

(a) Environmental review of proposed actions of an applicant. Within 15 calendar days after the receipt of a complete application and an adequate SEQR data sheet from an applicant, the authority shall determine whether the proposed action is an action subject to this Part and if so whether the proposed action may or will not have a significant effect on the environment. The authority shall provide written notification to the applicant of its determination of whether the action may or will not have a significant effect on the environment.

(b) Environmental review of actions to be carried out or undertaken by the authority. As early as possible in the formulation and design of an action to be carried out or undertaken directly by the authority, the authority shall ascertain whether the proposed action is subject to this Part and if so whether the action may or will not have a significant effect on the environment.

(c) Determination of no significant effect--negative declarations. If the authority determines that (1) the action is not an exempt action, a ministerial action or a Type II action and that (2) the action will not have a significant effect on the environment, it shall prepare, circulate, file and make available for public inspection a negative declaration as provided in subdivisions (h) and (i). In addition, it shall prepare, file and make available for public inspection a statement setting forth the reasons supporting its determination as may be required by State law or regulation.

(d) Determination of significant effect--notice of determination. If the authority determines that (1) the action is not an exempt action, a ministerial action or a Type II action, (2) that the action may have a significant effect on the environment and that (3) the action does involve other agencies, the authority shall immediately prepare and file a notice of determination as provided in subdivisions (h) and (i) of this section, and in the case of an action involving an applicant, immediately and in writing request the applicant to prepare a draft EIS. As soon as possible thereafter, the applicant shall notify the authority in writing whether it will prepare the draft EIS or whether it wishes the authority to prepare it. The authority may prepare or cause to be prepared a draft EIS for an action involving an applicant only when practicable considering existing staff and resources and when the public interest will thereby be served, but in no event shall it undertake or commence to undertake the preparation of such draft EIS until the applicant shall have submitted a completed environmental report analyzing in detail all factors required to be considered in an EIS by law or by 6 NYCRR Part 617. In addition, the authority may require an applicant to prepare a supplemental environmental report responding in detail to any and all comments received by the authority with respect to a draft EIS or at any hearing held on the proposed action involving the applicant.

(e) If the authority determines that (1) the action is not an exempt action, a ministerial action or a Type II action, (2) the action may have a significant effect on the environment and that (3) the action involves other agencies, the authority shall immediately prepare and file a notice of determination as provided in subdivisions (h) and (i) of this section and shall immediately notify such other involved agencies, including Federal agencies, of its determination, request the coordination of reviews by the agencies, and inform them of the need to resolve which agency shall be the lead agency. If it is determined that the authority is the lead agency, the procedures of subdivision (d) of this section relating to a request for a draft EIS and notification of the authority shall be followed.

(f) When an applicant notifies the authority in writing pursuant to subdivision (d) of this section that it declines to prepare the draft EIS, the applicant shall submit an environmental report to assist the authority in preparing or causing to be prepared the draft EIS and such other information at any time as may be necessary for full compliance with this Part.

(g) If the authority is not the lead agency for an action that may have a significant effect on the environment, it shall

(1) provide its views where appropriate and, to the extent practical, provide appropriate technical analysis and support;

(2) make written findings pursuant to 6 NYCRR 617.8.

(h) Contents of negative declarations and notices of determinations. All negative declarations and notices of determinations shall contain the following:

(1) an action identifying number or name;

(2) a brief description of action;

(3) the location of the action (county and city, town or village);

(4) in the case of a negative declaration, a statement that the authority has determined that the action will not have a significant effect on the environment; and

(5) in the case of a notice of determination, a brief description of the possible significant effects of the action.

(i) Filing negative declarations and notices of determinations. All negative declarations and notices of determinations shall be filed as follows:

(1) with the Commissioner of Environmental Conservation;

(2) with the appropriate regional office of the Department of Environmental Conservation;

(3) at the office of the authority.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 3050.5