2023 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.
* NB Effective until December 30, 2024
* 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;
(j)  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;
(k)  effects  of  any  proposed  action  on disadvantaged communities,
including whether the action may cause or  increase  a  disproportionate
pollution burden on a disadvantaged community; and
(l)  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.
* NB Effective December 30, 2024
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.
* NB Effective until December 30, 2024
* As early as possible in the formulation of a proposal for an action,
the responsible agency shall make an initial determination as to whether
an environmental impact statement need be prepared for  the  action.  In
making such determination for any proposed action the responsible agency
shall   consider   whether   such   action   may  cause  or  increase  a
disproportionate pollution burden on a disadvantaged community  that  is
directly  or  significantly  indirectly affected by such 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.
* NB Effective December 30, 2024
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.