2023 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;
* NB Effective until December 30, 2024
* (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, including whether it may cause  or  increase  a
disproportionate pollution burden on a disadvantaged community;
* NB Effective December 30, 2024
(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;
* NB Effective until December 30, 2024
* (i) Actions or  classes  of  actions  that  are  likely  to  require
preparation of environmental impact statements;
* NB Effective December 30, 2024
(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.