New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLI - Jones Beach State Parkway Authority › Part 2500 - Implementation State Environmental Quality Review Act › Section 2500.1 - Authority, purpose and policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The State Environmental Quality Review Act (SEQR) of 1975, article 8 of
				Environmental Conservation Law provides that all agencies 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. Section 8-0113, subdivisions (1) and (2) require that after
				consultation with other agencies subject to the provisions of article 8,
				including State agencies and representatives of local governments and after
				conducting public hearings and review of any other comments submitted, the
				Commissioner of Environmental Conservation shall adopt rules and regulations of
				Statewide applicability that implement the provisions of SEQR.
(b) Rules and regulations of Statewide
				applicability were adopted by the Commissioner of Environmental Conservation as
				Part 617 of Title 6 of the Official Compilation of Codes, Rules and Regulations
				of the State of New York on March 19, 1976.
(c) This Part is adopted by the Jones Beach
				State Parkway Authority pursuant to subdivision (3) of section 8-0113 of
				article 8 of Environmental Conservation Law which requires agencies to adopt
				and publish such additional procedures as may be necessary for the
				implementation by them of SEQR, consistent with the Statewide rules and
				regulations (6 NYCRR Part 617) adopted by the Commissioner of Environmental
				Conservation pursuant to subdivision (1) of section 8-0113 of article 8 of the
				Environmental Conservation Law.
(d)
				Section 617.0 (6 NYCRR 617.0) sets out the procedure for agency rule making as
				follows:
Section "617.0 Agency rule making.
(a) All agencies shall, consistent with the
				provisions of article 8 of the Environmental Conservation Law, after public
				hearing, adopt and publish such additional procedures as may be necessary for
				the implementation by them of this Part. This may be accomplished by the use of
				uniform procedures, or adoption by reference of procedures applicable to other
				agencies.
(b) Individual agencies
				are encouraged to develop their own criteria consistent with section 617.9 of
				this Part and their own classification system whether or not in the form of
				section 617.12 of this Part to cover the particular actions engaged in, or
				reviewed by them. Such criteria and classification systems shall be no less
				protective of environmental values than this Part. Individual agencies are also
				encouraged to develop a classification of actions which are ministerial actions
				and criteria for determining when actions are or are not ministerial.
(c) The procedures prescribed under this Part
				shall, to the greatest extent practicable, be incorporated in and integrated
				with existing agency procedures and variance in form alone shall constitute no
				objection thereto. Such individual agency procedures, however, shall be no less
				protective of environmental values, public participation, and agency and
				judicial review than the procedures set forth in this Part.
(d) Upon written request of any person, the
				commissioner (of DEC) shall review and determine whether any action contained
				in an agency's own list or classification system similar to section 617.12 is
				consistent with the criteria of 617.9 and the actions listed in section 617.12
				of this Part. The commissioner (of DEC) shall give written notification of the
				determination to such persons and the agency within 30 days of the receipt of a
				request.
(e) Such agency procedures
				shall provide for interagency working relationships in cases where actions
				typically involve more than one agency, liaison with the public, public notice
				requirements, provisions for public comment, and such other procedures as may
				be required to effect the efficient and expeditious administration of this
				Part. Procedures for administrative review of agency decisions may also be
				incorporated in agency rules.
(f)
				All agencies shall review their present statutory authority, administrative
				regulations and current policies and procedures for the purpose of determining
				whether there are any deficiencies or inconsistencies therein which prohibit or
				impeded full compliance with this Part. Agencies should examine time limits or
				schedule for actions, hearing procedures, public notice provisions, standards
				for agency action which limit or exclude environmental factors, provisions for
				environmental data gathering, provisions for public participation in the
				decision makng process, and procedures and methods of reviewing environmental
				impact. By January 1, 1977, agencies shall recommend or effect such measures as
				may be necessary to bring their authority and policies into conformity with
				this Part, including statutory changes, amendments to administrative
				regulations, new standard forms, revised instructions and procedural guidelines
				and improved personnel training.
(g) Each agency shall maintain a file open to
				public inspection containing a list of all environmental impact statements
				prepared or under preparation by or at the request of such agency."