NY Env Conserv L § 8-0113 (2021)
2021 New York Laws ENV - Environmental Conservation Article 8 - Environmental Quality Review 8-0113 - Rules and Regulations.

§ 8-0113. Rules and regulations.   1.   After  consultation  with  the  other  agencies  subject  to  the provisions of this article, including state agencies and representatives of local governments and after conducting public hearings and review  of any  other  comments  submitted,  the commissioner shall adopt rules and regulations implementing the  provisions  of  this  article  within  one hundred and twenty days after the effective date of this section.   2.  The rules and regulations adopted by the commissioner specifically shall include:  (a) Definition of terms used in this article;  (b) Criteria for determining whether or not a proposed action may have a significant effect on the environment, taking into account social  and economic  factors to be considered in determining the significance of an environmental effect;  (c) Identification on the basis of such criteria of:  (i)  Actions  or  classes  of  actions  that  are  likely  to  require preparation of environmental impact statements;  (ii)  Actions  or classes of actions which have been determined not to have a significant effect on the environment and which  do  not  require environmental  impact  statements  under  this  article. In adopting the rules and regulations, the commissioner shall make a finding  that  each action or class of actions identified does not have a significant effect on the environment;  (d)   Typical   associated  environmental  effects,  and  methods  for assessing such effects, of actions determined to be  likely  to  require preparation of environmental impact statements;  (e)  Categorization  of  actions  which  are  or  may  be primarily of statewide, regional, or local concern,  with  provisions  for  technical assistance  including  the preparation or review of environmental impact statements, if requested, in connection with environmental impact review by local agencies.  (f) Provision for the filing and circulation  of  draft  environmental impact  statements  pursuant  to subdivision four of section 8-0109, and environmental impact statements pursuant to subdivision six  of  section 8-0109,  including,  in  addition  to  any  other circulation and public availability requirements, making  such  statements  available  free  of charge  to  the public and government agencies on the publicly-available Internet website,  unless  impracticable.  Printed  filings  and  public notices  shall clearly indicate the address of the website at which such filing is posted;  (g) Scope, content, filing and availability of findings required to be made pursuant to subdivision eight of section 8-0109;  (h)  Form  and  content  of  and  level  of  detail  required  for  an environmental impact statement; and  (i)  Procedures  for  obtaining comments on draft environmental impact statements,  holding  hearings,  providing  public  notice   of   agency decisions   with   respect  to  preparation  of  a  draft  environmental statement; and for such  other  matters  as  may  be  needed  to  assure effective  participation  by  the  public  and efficient and expeditious administration of the article.  (j) Procedure for providing applicants with estimates, when requested, of the costs expected to be charged them pursuant to  subdivision  seven of section 8-0109 of this article.  (k)  Appeals procedure for the settlement of disputed costs charged by state agencies to applicants pursuant to subdivision  seven  of  section 8-0109  of  this  article.  Such appeal procedure shall not interfere or cause delay  in  the  determination  of  environmental  significance  or prohibit an action from being undertaken.  (l)  A  model  assessment form to be used during the initial review to assist an agency in its responsibilities under this article.   3. Within the time periods specified in section 8-0117 of this article the  agencies subject to this article shall, after public hearing, adopt and publish such additional procedures  as  may  be  necessary  for  the implementation  by  them  of  this article consistent with the rules and regulations adopted by the commissioner.  (a) Existing agency environmental procedures may  be  incorporated  in and  integrated  with  the  procedures  adopted  under this article, and variance in form alone  shall  constitute  no  objection  thereto.  Such individual   agency   procedures   shall   be   no  less  protective  of environmental values, public  participation,  and  agency  and  judicial review than the procedures herein mandated.  (b)  Such  agency  procedures  shall  provide  for interagency working relationships in cases where actions typically  involve  more  than  one agency,  liaison  with  the  public, and such other procedures as may be required to effect the efficient and expeditious administration of  this article.   4. Coordination with agricultural districts program. The commissioner, in  consultation with the commissioner of agriculture and markets, shall amend the regulations promulgated pursuant to  the  provisions  of  this section   as   necessary   and   appropriate   to  assure  the  adequate consideration of impacts of public acquisitions, or the  advancement  of public  monies  for  non-farm  development on lands used in agricultural production  and  unique  and  irreplaceable  agricultural  lands  within agricultural  districts in accordance with the provisions of subdivision four of section three hundred five of the agriculture and markets law.