N.Y. ENV Law § 8-0109 — New York Code / Act ENV / Article 8 / Section 8-0109
Preparation of environmental impact statement
Status: in_force

§ 8-0109. Preparation of environmental impact statement.\n  1. Agencies shall use all practicable means to realize the policies\nand goals set forth in this article, and shall act and choose\nalternatives which, consistent with social, economic and other essential\nconsiderations, to the maximum extent practicable, minimize or avoid\nadverse environmental effects, including effects revealed in the\nenvironmental impact statement process.\n  2. All agencies (or applicant as hereinafter provided) shall prepare,\nor cause to be prepared by contract or otherwise an environmental impact\nstatement on any action they propose or approve which may have a\nsignificant effect on the environment. Such a statement shall include a\ndetailed statement setting forth the following:\n  (a) a description of the proposed action and its environmental\nsetting;\n  (b) the environmental impact of the proposed action including\nshort-term and long-term effects;\n  (c) any adverse environmental effects which cannot be avoided should\nthe proposal be implemented;\n  (d) alternatives to the proposed action;\n  (e) any irreversible and irretrievable commitments of resources which\nwould be involved in the proposed action should it be implemented;\n  (f) mitigation measures proposed to minimize the environmental impact;\n  (g) the growth-inducing aspects of the proposed action, where\napplicable and significant;\n  (h) effects of the proposed action on the use and conservation of\nenergy resources, where applicable and significant, provided that in the\ncase of an electric generating facility, the statement shall include a\ndemonstration that the facility will satisfy electric generating\ncapacity needs or other electric systems needs in a manner reasonably\nconsistent with the most recent state energy plan;\n  (i) effects of proposed action on solid waste management where\napplicable and significant;\n  (j) effects of any proposed action on, and its consistency with, the\ncomprehensive management plan of the special groundwater protection area\nprogram, as implemented by the commissioner pursuant to article\nfifty-five of this chapter;\n  (k) effects of any proposed action on disadvantaged communities,\nincluding whether the action may cause or increase a disproportionate\npollution burden on a disadvantaged community; and\n  (l) such other information consistent with the purposes of this\narticle as may be prescribed in guidelines issued by the commissioner\npursuant to section 8-0113 of this chapter.\n  Such a statement shall also include copies or a summary of the\nsubstantive comments received by the agency pursuant to subdivision four\nof this section, and the agency response to such comments. The purpose\nof an environmental impact statement is to provide detailed information\nabout the effect which a proposed action is likely to have on the\nenvironment, to list ways in which any adverse effects of such an action\nmight be minimized, and to suggest alternatives to such an action so as\nto form the basis for a decision whether or not to undertake or approve\nsuch action. Such statement should be clearly written in a concise\nmanner capable of being read and understood by the public, should deal\nwith the specific significant environmental impacts which can be\nreasonably anticipated and should not contain more detail than is\nappropriate considering the nature and magnitude of the proposed action\nand the significance of its potential impacts.\n  3. An agency may require an applicant to submit an environmental\nreport to assist the agency in carrying out its responsibilities,\nincluding the initial determination and, (where the applicant does not\nprepare the environmental impact statement), the preparation of an\nenvironmental impact statement under this article. The agency may\nrequest such other information from an applicant necessary for the\nreview of environmental impacts. Notwithstanding any use of outside\nresources or work, agencies shall make their own independent judgment of\nthe scope, contents and adequacy of an environmental impact statement.\n  4. As early as possible in the formulation of a proposal for an action\nbut not more than one year from the establishment of a lead agency, the\nresponsible agency shall make an initial determination as to whether an\nenvironmental impact statement need be prepared for the action. In\nmaking such determination for any proposed action the responsible agency\nshall consider whether such action may cause or increase a\ndisproportionate pollution burden on a disadvantaged community that is\ndirectly or significantly indirectly affected by such action. When an\naction is to be carried out or approved by two or more agencies, such\ndetermination shall be made as early as possible after the designation\nof the lead agency.\n  With respect to actions involving the issuance to an applicant of a\npermit or other entitlement, the agency shall notify the applicant in\nwriting of its initial determination specifying therein the basis for\nsuch determination. Notice of the initial determination along with\nappropriate supporting findings on agency actions shall be kept on file\nin the main office of the agency for public inspection.\n  If the agency determines that such statement is required, the agency\nor the applicant at its option shall prepare or cause to be prepared a\ndraft environmental impact statement. If the applicant does not exercise\nthe option to prepare such statement, the agency shall prepare it, cause\nit to be prepared, or terminate its review of the proposed action. Such\nstatement shall describe the proposed action and reasonable alternatives\nto the action, and briefly discuss, on the basis of information then\navailable, the remaining items required to be submitted by subdivision\ntwo of this section. The purpose of a draft environmental statement is\nto relate environmental considerations to the inception of the planning\nprocess, to inform the public and other public agencies as early as\npossible about proposed actions that may significantly affect the\nquality of the environment, and to solicit comments which will assist\nthe agency in the decision making process in determining the\nenvironmental consequences of the proposed action. The draft statement\nshould resemble in form and content the environmental impact statement\nto be prepared after comments have been received and considered pursuant\nto subdivision two of this section; however, the length and detail of\nthe draft environmental statement will necessarily reflect the\npreliminary nature of the proposal and the early stage at which it is\nprepared.\n  For any action for which the agency determines that such statement is\nnot required and which would take place in a special groundwater\nprotection area, as defined in section 55-0107 of this chapter, the\nagency shall show how such action would or would not be consistent with\nthe comprehensive management plan of the special groundwater protection\nprogram, as implemented by the commissioner pursuant to article\nfifty-five of this chapter.\n  The draft statement shall be filed with the department or other\ndesignated agencies and shall be circulated to federal, state, regional\nand local agencies having an interest in the proposed action and to\ninterested members of the public for comment, as may be prescribed by\nthe commissioner pursuant to section 8-0113. In addition, unless\nimpracticable, the draft statement shall be posted on a\npublicly-available Internet website. The website posting of such draft\nstatement may be discontinued when the environmental impact statement is\nposted pursuant to subdivision six of this section.\n  5. After the filing of a draft environmental impact statement the\nagency shall determine whether or not to conduct a public hearing on the\nenvironmental impact of the proposed action. If the agency determines to\nhold such a hearing, it shall commence the hearing within sixty days of\nthe filing and unless the proposed action is withdrawn from\nconsideration shall prepare the environmental impact statement within\nforty-five days after the close of the hearing, except as otherwise\nprovided. The need for such a hearing shall be determined in accordance\nwith procedures adopted by the agency pursuant to section 8-0113 of this\narticle. If no hearing is held, the agency shall prepare and make\navailable the environmental impact statement within sixty days after the\nfiling of the draft, except as otherwise provided.\n  Notwithstanding the specified time periods established by this\narticle:\n  (a) an agency shall vary the times so established herein for\npreparation, review and public hearings to coordinate the environmental\nreview process with other procedures relating to review and approval of\nan action. An application for a permit or authorization for an action\nupon which a draft environmental impact statement is determined to be\nrequired shall not be complete until such draft statement has been filed\nand accepted by the agency as satisfactory with respect to scope,\ncontent and adequacy for purposes of subdivision four of this section.\nCommencing upon such acceptance, the environmental impact statement\nprocess shall run concurrently with other procedures relating to the\nreview and approval of the action so long as reasonable time is provided\nfor preparation, review and public hearings with respect to the draft\nenvironmental impact statement; and\n  (b) for actions involving applications for a permit or authorization,\nthe agency shall prepare and make available the environmental impact\nstatement within two years after the date a draft environmental impact\nstatement is determined to be required, unless the agency extends the\ndeadline in writing and, in consultation with an applicant and at the\ndiscretion of the agency, establishes a new deadline that provides only\nso much additional time as is necessary to complete the environmental\nimpact statement, considering any changes made by the applicant to the\nproject design after the issuance of the scoping document that result in\nnew significant environmental impacts, or additional actions that could\nnot have been reasonably anticipated during scoping, or the failure of\nan applicant to timely provide necessary information despite good faith\neffort by an agency, or delay in circumstances beyond the control of an\nagency or an applicant.\n  6. To the extent as may be prescribed by the commissioner pursuant to\nsection 8-0113, the environmental impact statement prepared pursuant to\nsubdivision two of this section together with the comments of public and\nfederal agencies and members of the public, shall be filed with the\ncommissioner, made available to the public, and, unless impracticable,\nposted on a publicly-available Internet website prior to acting on the\nproposal which is the subject of the environmental impact statement. The\nwebsite posting of such statement may be discontinued one year after all\nnecessary permits have been issued by the federal, state and local\ngovernments.\n  7. a. An agency may charge a fee to an applicant in order to recover\nthe costs incurred in preparing or causing to be prepared or reviewing a\ndraft environmental impact statement or an environmental impact\nstatement on the action which the applicant requests from the agency;\nprovided, however, that an applicant may not be charged a separate fee\nfor both the preparation and review of such statements. The technical\nservices of the department may be made available on a fee basis\nreflecting the costs thereof, to a requesting agency, which fee or fees\nmay appropriately be charged by the agency to the applicant under rules\nand regulations to be issued under section 8-0113.\n  b. Such rules and regulations shall require the applicant to reimburse\nthe conservation fund, as established pursuant to subdivision (a) of\nsection eighty-three of the state finance law, in order to recover all\ncosts incurred in preparing or causing to be prepared or reviewing a\ndraft environmental impact statement or an environmental impact\nstatement by employees of the department, whose salary and expenses are\npaid, in whole or in part, from the conservation fund.\n  8. When an agency decides to carry out or approve an action which has\nbeen the subject of an environmental impact statement, it shall make an\nexplicit finding that the requirements of this section have been met and\nthat consistent with social, economic and other essential\nconsiderations, to the maximum extent practicable, adverse environmental\neffects revealed in the environmental impact statement process will be\nminimized or avoided.\n  9. An environmental impact statement shall be prepared for any action\nfound to have a significant impact on the special groundwater protection\narea, as defined in section 55-0107 of this chapter. Such statement\nshall meet the requirements of the most detailed environmental impact\nstatement required by this section or by any such rule or regulation\npromulgated pursuant to this section.\n