N.Y. Comp. Codes R. & Regs. tit. 21 § 3050.6

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

Section 3050.6 - Notices of completion of draft EIS's and circulation, filing and availability thereof; circulation, filing and availability of draft EIS's; public hear

(a) Notices of completion of draft EIS's. Upon the completion of a draft EIS, the authority shall immediately prepare, file and make available for public inspection a notice of completion as provided in paragraphs (1), (2) and (3) of this subdivision.

(1) Contents of notices of completion. All notices of completion shall contain the following:

(i) an action identifying number or name;

(ii) a brief description of the action;

(iii) the location of the action and its potential impacts and effects (county and city, town, village); and

(iv) a statement that comments on the draft EIS are requested and will be received and considered by the authority at its office. The notice shall specify the public review and comment period on the draft EIS, which shall be for not less than 30 calendar days from the date of filing and circulation of the notice or not less than 10 calendar days following any public hearing on the draft EIS.

(2) Circulation notices of completion. All notices of completion shall be circulated to the following:

(i) all other agencies involved in the action;

(ii) all persons who have requested it;

(iii) the editor of the State Bulletin;

(iv) the State Clearing House;

(v) the appropriate regional clearing house designated under the Federal Office of Management and Budget circular A-95.

(3) Filing notices of completion. All notices of completion shall be filed as follows:

(i) with the Commissioner of Environmental Conservation;

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

(iii) with the county clerk whose jurisdiction most closely coincides with that of the lead agency;

(iv) with and made available for public inspection at the office of the authority.

(b) Filing and making available draft EIS's. All draft EIS's prepared by or at the request of the authority 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) with the county clerk whose jurisdiction most closely coincides with that of the lead agency;

(4) with and made available for public inspection at the office of the authority.

(c) Public hearings on draft EIS's and notices thereof.

(1) Upon the completion of a draft EIS, the authority shall determine whether or not to conduct a public hearing on the draft EIS. Under no circumstances shall a public hearing be mandatory, but may be held at the sole discretion of the authority. In making this determination, the authority may consider the requirements for hearings specified by other statutes or regulations, the degree of interest in the action shown or anticipated on the part of the public or other agencies, the magnitude of the action and its effects, the extent to which a public hearing can aid the authority's decision making. Wherever practicable a OCWA-EQ regulation public hearing shall be made part of or held in conjunction with other public hearings on the action as may be conducted by the authority or other agencies.

(2) If a hearing is to be held, notice thereof may be contained in the notice of completion or, if not so contained, shall be given in the same manner in which the notice of completion is sent filed and circulated pursuant to subdivision (a) of this section. In either case the notice of hearing shall also be published at least 10 calendar days in advance of the public hearing in a newspaper of general circulation in the area of the potential impacts and effects of the action.

(3) The hearing shall commence no less than 15 calendar days or more than 60 calendar days after the filing of the draft EIS pursuant to subdivision (b), of section 3050.6 of this Part except as the agency may otherwise provide where it determines that additional time is necessary for public or other agency review of the draft EIS or where a different hearing date is required as appropriate under applicable statute or regulation.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 3050.6