N.Y. ENV Law § 8-0113 — New York Code / Act ENV / Article 8 / Section 8-0113
Rules and regulations
Status: in_force

§ 8-0113. Rules and regulations.\n  1. After consultation with the other agencies subject to the\nprovisions of this article, including state agencies and representatives\nof local governments and after conducting public hearings and review of\nany other comments submitted, the commissioner shall adopt rules and\nregulations implementing the provisions of this article within one\nhundred and twenty days after the effective date of this section.\n  2. The rules and regulations adopted by the commissioner specifically\nshall include:\n  (a) Definition of terms used in this article;\n  (b) Criteria for determining whether or not a proposed action may have\na significant effect on the environment, taking into account social and\neconomic factors to be considered in determining the significance of an\nenvironmental effect, including whether it may cause or increase a\ndisproportionate pollution burden on a disadvantaged community;\n  (c) Identification on the basis of such criteria of:\n  (i) Actions or classes of actions that are likely to require\npreparation of environmental impact statements;\n  (ii) Actions or classes of actions which have been determined not to\nhave a significant effect on the environment and which do not require\nenvironmental impact statements under this article. In adopting the\nrules and regulations, the commissioner shall make a finding that each\naction or class of actions identified does not have a significant effect\non the environment;\n  (d) Typical associated environmental effects, and methods for\nassessing such effects, of actions determined to be likely to require\npreparation of environmental impact statements;\n  (e) Categorization of actions which are or may be primarily of\nstatewide, regional, or local concern, with provisions for technical\nassistance including the preparation or review of environmental impact\nstatements, if requested, in connection with environmental impact review\nby local agencies.\n  (f) Provision for the filing and circulation of draft environmental\nimpact statements pursuant to subdivision four of section 8-0109, and\nenvironmental impact statements pursuant to subdivision six of section\n8-0109, including, in addition to any other circulation and public\navailability requirements, making such statements available free of\ncharge to the public and government agencies on the publicly-available\nInternet website, unless impracticable. Printed filings and public\nnotices shall clearly indicate the address of the website at which such\nfiling is posted;\n  (g) Scope, content, filing and availability of findings required to be\nmade pursuant to subdivision eight of section 8-0109;\n  (h) Form and content of and level of detail required for an\nenvironmental impact statement; and\n  (i) Procedures for obtaining comments on draft environmental impact\nstatements, holding hearings, providing public notice of agency\ndecisions with respect to preparation of a draft environmental\nstatement; and for such other matters as may be needed to assure\neffective participation by the public and efficient and expeditious\nadministration of the article.\n  (j) Procedure for providing applicants with estimates, when requested,\nof the costs expected to be charged them pursuant to subdivision seven\nof section 8-0109 of this article.\n  (k) Appeals procedure for the settlement of disputed costs charged by\nstate agencies to applicants pursuant to subdivision seven of section\n8-0109 of this article. Such appeal procedure shall not interfere or\ncause delay in the determination of environmental significance or\nprohibit an action from being undertaken.\n  (l) A model assessment form to be used during the initial review to\nassist an agency in its responsibilities under this article.\n  3. Within the time periods specified in section 8-0117 of this article\nthe agencies subject to this article shall, after public hearing, adopt\nand publish such additional procedures as may be necessary for the\nimplementation by them of this article consistent with the rules and\nregulations adopted by the commissioner.\n  (a) Existing agency environmental procedures may be incorporated in\nand integrated with the procedures adopted under this article, and\nvariance in form alone shall constitute no objection thereto. Such\nindividual agency procedures shall be no less protective of\nenvironmental values, public participation, and agency and judicial\nreview than the procedures herein mandated.\n  (b) Such agency procedures shall provide for interagency working\nrelationships in cases where actions typically involve more than one\nagency, liaison with the public, and such other procedures as may be\nrequired to effect the efficient and expeditious administration of this\narticle.\n  4. Coordination with agricultural districts program. The commissioner,\nin consultation with the commissioner of agriculture and markets, shall\namend the regulations promulgated pursuant to the provisions of this\nsection as necessary and appropriate to assure the adequate\nconsideration of impacts of public acquisitions, or the advancement of\npublic monies for non-farm development on lands used in agricultural\nproduction and unique and irreplaceable agricultural lands within\nagricultural districts in accordance with the provisions of subdivision\nfour of section three hundred five of the agriculture and markets law.\n