NY Env Conserv L § 8-0109 (2021)
2021 New York Laws ENV - Environmental Conservation Article 8 - Environmental Quality Review 8-0109 - Preparation of Environmental Impact Statement.

§ 8-0109. Preparation of environmental impact statement.   1.  Agencies  shall  use all practicable means to realize the policies and  goals  set  forth  in  this  article,  and  shall  act  and  choose alternatives which, consistent with social, economic and other essential considerations,  to  the  maximum  extent practicable, minimize or avoid adverse  environmental  effects,  including  effects  revealed  in   the environmental impact statement process.   2.  All agencies (or applicant as hereinafter provided) shall prepare, or cause to be prepared by contract or otherwise an environmental impact statement on any action  they  propose  or  approve  which  may  have  a significant  effect on the environment. Such a statement shall include a detailed statement setting forth the following:  (a) a  description  of  the  proposed  action  and  its  environmental setting;  (b)   the  environmental  impact  of  the  proposed  action  including short-term and long-term effects;  (c) any adverse environmental effects which cannot be  avoided  should the proposal be implemented;  (d) alternatives to the proposed action;  (e)  any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented;  (f) mitigation measures proposed to minimize the environmental impact;  (g)  the  growth-inducing  aspects  of  the  proposed  action,   where applicable and significant;  (h)  effects  of  the  proposed  action on the use and conservation of energy resources, where applicable and significant, provided that in the case of an electric generating facility, the statement shall  include  a demonstration   that  the  facility  will  satisfy  electric  generating capacity needs or other electric systems needs in  a  manner  reasonably consistent with the most recent state energy plan;   * (i)  effects  of  proposed  action  on  solid waste management where applicable and significant; and   * NB There are 2 (i)'s   * (i) effects of any proposed action on, and its consistency with, the comprehensive management plan of the special groundwater protection area program,  as  implemented  by  the  commissioner  pursuant  to   article fifty-five of this chapter; and   * NB There are 2 (i)'s  (j)  such  other  information  consistent  with  the  purposes of this article as may be prescribed in guidelines issued  by  the  commissioner pursuant to section 8-0113 of this chapter.   Such  a  statement  shall  also  include  copies  or  a summary of the substantive comments received by the agency pursuant to subdivision four of this section, and the agency response to such comments.  The  purpose of  an environmental impact statement is to provide detailed information about the effect which a proposed  action  is  likely  to  have  on  the environment, to list ways in which any adverse effects of such an action might  be minimized, and to suggest alternatives to such an action so as to form the basis for a decision whether or not to undertake or  approve such  action.  Such  statement  should  be  clearly written in a concise manner capable of being read and understood by the public,  should  deal with  the  specific  significant  environmental  impacts  which  can  be reasonably anticipated and  should  not  contain  more  detail  than  is appropriate  considering the nature and magnitude of the proposed action and the significance of its potential impacts.   3. An agency may require  an  applicant  to  submit  an  environmental report  to  assist  the  agency  in  carrying  out its responsibilities, including the initial determination and, (where the applicant  does  not  prepare  the  environmental  impact  statement),  the  preparation of an environmental impact  statement  under  this  article.  The  agency  may request  such  other  information  from  an  applicant necessary for the review  of  environmental  impacts.  Notwithstanding  any use of outside resources or work, agencies shall make their own independent judgment of the scope, contents and adequacy of an environmental impact statement.   4. As early as possible in  the  formulation  of  a  proposal  for  an action,  the  responsible  agency  shall  make  an initial determination whether an environmental impact  statement  need  be  prepared  for  the action.  When  an action is to be carried out or approved by two or more agencies, such determination shall be made as early  as  possible  after the designation of the lead agency.   With  respect  to  actions involving the issuance to an applicant of a permit or other entitlement, the agency shall notify  the  applicant  in writing  of  its  initial determination specifying therein the basis for such determination. Notice  of  the  initial  determination  along  with appropriate  supporting findings on agency actions shall be kept on file in the main office of the agency for public inspection.   If the agency determines that such statement is required,  the  agency or  the  applicant at its option shall prepare or cause to be prepared a draft environmental impact statement. If the applicant does not exercise the option to prepare such statement, the agency shall prepare it, cause it to be prepared, or terminate its review of the proposed action.  Such statement shall describe the proposed action and reasonable alternatives to  the  action,  and  briefly discuss, on the basis of information then available, the remaining items required to be submitted  by  subdivision two  of  this section. The purpose of a draft environmental statement is to relate environmental considerations to the inception of the  planning process,  to  inform  the  public  and other public agencies as early as possible about  proposed  actions  that  may  significantly  affect  the quality  of  the  environment, and to solicit comments which will assist the  agency  in  the  decision  making  process   in   determining   the environmental  consequences  of the proposed action. The draft statement should resemble in form and content the environmental  impact  statement to be prepared after comments have been received and considered pursuant to  subdivision  two  of this section; however, the length and detail of the  draft  environmental  statement  will   necessarily   reflect   the preliminary  nature  of  the proposal and the early stage at which it is prepared.   For any action for which the agency determines that such statement  is not  required  and  which  would  take  place  in  a special groundwater protection area, as defined in section  55-0107  of  this  chapter,  the agency  shall show how such action would or would not be consistent with the comprehensive management plan of the special groundwater  protection program,   as  implemented  by  the  commissioner  pursuant  to  article fifty-five of this chapter.   The draft statement shall  be  filed  with  the  department  or  other designated  agencies and shall be circulated to federal, state, regional and local agencies having an interest in  the  proposed  action  and  to interested  members  of  the public for comment, as may be prescribed by the  commissioner  pursuant  to  section  8-0113.  In  addition,  unless impracticable,    the   draft   statement   shall   be   posted   on   a publicly-available Internet website. The website posting of  such  draft statement may be discontinued when the environmental impact statement is posted pursuant to subdivision six of this section.   5.  After  the  filing  of  a draft environmental impact statement the agency shall determine whether or not to conduct a public hearing on the environmental impact of the proposed action. If the agency determines to  hold such a hearing, it shall commence the hearing within sixty days  of the   filing   and   unless   the  proposed  action  is  withdrawn  from consideration shall prepare the environmental  impact  statement  within forty-five  days  after  the  close  of the hearing, except as otherwise provided. The need for such a hearing shall be determined in  accordance with procedures adopted by the agency pursuant to section 8-0113 of this article.  If  no  hearing  is  held,  the  agency shall prepare and make available the environmental impact statement within sixty days after the filing of the draft, except as otherwise provided.   Notwithstanding  the  specified  time  periods  established  by   this article,  an  agency  shall  vary  the  times  so established herein for preparation, review and public hearings to coordinate the  environmental review  process with other procedures relating to review and approval of an action. An application for a permit or authorization  for  an  action upon  which  a  draft environmental impact statement is determined to be required shall not be complete until such draft statement has been filed and accepted by the  agency  as  satisfactory  with  respect  to  scope, content  and  adequacy  for  purposes of paragraph four of this section. Commencing upon such  acceptance,  the  environmental  impact  statement process  shall  run  concurrently  with other procedures relating to the review and approval of the action so long as reasonable time is provided for preparation, review and public hearings with respect  to  the  draft environmental impact statement.   6.  To the extent as may be prescribed by the commissioner pursuant to section 8-0113, the environmental impact statement prepared pursuant  to subdivision two of this section together with the comments of public and federal  agencies  and  members  of  the public, shall be filed with the commissioner, made available to the public, and,  unless  impracticable, posted  on  a publicly-available Internet website prior to acting on the proposal which is the subject of the environmental impact statement. The website posting of such statement may be discontinued one year after all necessary permits have been issued  by  the  federal,  state  and  local governments.   7.  a.  An agency may charge a fee to an applicant in order to recover the costs incurred in preparing or causing to be prepared or reviewing a draft  environmental  impact  statement  or  an   environmental   impact statement  on  the  action which the applicant requests from the agency; provided, however, that an applicant may not be charged a  separate  fee for  both  the  preparation and review of such statements. The technical services of the  department  may  be  made  available  on  a  fee  basis reflecting  the costs thereof, to a requesting agency, which fee or fees may appropriately be charged by the agency to the applicant under  rules and regulations to be issued under section 8-0113.   b. Such rules and regulations shall require the applicant to reimburse the  conservation  fund,  as  established pursuant to subdivision (a) of section eighty-three of the state finance law, in order to  recover  all costs  incurred  in  preparing  or causing to be prepared or reviewing a draft  environmental  impact  statement  or  an   environmental   impact statement  by employees of the department, whose salary and expenses are paid, in whole or in part, from the conservation fund.   8. When an agency decides to carry out or approve an action which  has been  the subject of an environmental impact statement, it shall make an explicit finding that the requirements of this section have been met and that   consistent   with   social,   economic   and   other    essential considerations, to the maximum extent practicable, adverse environmental effects  revealed  in the environmental impact statement process will be minimized or avoided.    9. An environmental impact statement shall be prepared for any  action found to have a significant impact on the special groundwater protection area,  as  defined  in  section  55-0107 of this chapter. Such statement shall meet the requirements of the most  detailed  environmental  impact statement  required  by  this  section or by any such rule or regulation promulgated pursuant to this section.