New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IX - Implementation Of State Environmental Quality Review Act › Part 2550 - Implementation Of State Environmental Quality Review Act › Section 2550.6 - Procedures prior to the preparation of draft EIS's; actions involving other agencies

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Ennvironmental review of proposed actions. Within 15 calendar days after the
				  receipt of a complete application and an adequate SEQR data sheet from an
				  applicant, the division shall conduct an environmental analysis of the proposed
				  action applying the criteria determined by the division and considering the
				  lists of Type I and II actions in 6 NYCRR Part 617 and this Part. The division
				  shall provide written notification to the applicant of its determination of
				  whether the action may or will not have a significant effect on the
				  environment.
(b) Environmental
				  review of actions to be carried out or undertaken by the division. As early as
				  possible in the formulation and design of an action to be carried out or
				  undertaken directly by the division, the division shall conduct an
				  environmental analysis of the proposed action to determine whether the action
				  may or will not have a significant effect on the environment, applying the
				  criteria determined by the division and considering the lists of Type I and II
				  actions in 6 NYCRR Part 617 and in section
				  2550.15 of this Part.
(c) Determination of no significant
				  effect--negative declarations. If the division determines that (1) the action
				  is not an exempt action, a ministerial action or a Type II action and that (2)
				  the action will not have a significant effect on the environment, it shall
				  prepare, circulate, file and make available for public inspection a negative
				  declaration as provided in subdivisions (h) and (i) of this section. In
				  addition, it shall prepare, file and make available for public inspection in
				  the central office of the division a statement setting forth the reasons
				  supporting its determination.
(d)
				  Determination of significant effect--notice of determination and preparation of
				  draft EIS. If the division determines that (1) the action is not exempt action,
				  a ministerial action or Type I action, (2) that the action may have significant
				  effect on the environment and that (3) the action does not involve other
				  agencies, the division shall immediately prepare and file a notice of
				  determination as provided in subdivision (i) of this section. In the case of an
				  action involving an applicant, the division shall immediately and in writing
				  request the applicant to prepare a draft EIS. In the case of an action to be
				  carried out or undertaken directly by the division and not involving an
				  applicant the division shall prepare or cause to be prepared a draft
				  EIS.
(e) If the division determines
				  that (1) the action is not an exempt action, a ministerial action or a Type II
				  action, (2) the action may have a significant effect on the environment and
				  that (3) the action involves other agencies, the division shall immediately
				  prepare and file a notice of determination as provided in subdivisions (h) and
				  (i) of this section and shall immediately notify such other involved agencies,
				  including Federal agencies, of its determination, request the coordination of
				  reviews by the agencies, and inform them of the need to resolve which agency
				  shall be the lead agency. If it is determined that the division is the lead
				  agency, the procedures of subdivision (d) of this section relating to a request
				  for a draft EIS and notification of the division shall be followed.
(f) When an applicant notifies the division
				  in writing pursuant to subdivision (d) of this section that it declines to
				  prepare the draft EIS, the applicant shall provide, on the request of the
				  division, an environmental report to assist the division in preparing or
				  causing to be prepared the draft EIS and such other information at any time as
				  may be necessary for full compliance with this Part.
(g) If the division is not the lead agency
				  for an action that may have a significant effect on the environment, it shall
(1) provide its views where appropriate and,
				  to the extent practical, provide appropriate technical analysis and
				  support;
(2) make written findings
				  pursuant to 6 NYCRR 617.8.