reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 615 - Environmental Quality Bond Act Equal Employment And Minority And Women-owned Business Enterprise Program Regulations › Section 615.9 - Procedures to challenge equal employment opportunity and minority and women-owned business enterprise program determinations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A person having any questions about the
				basis of any determinations made pursuant to sections 52-0111 and 52-0113 of
				the ECL, and any regulations or procedures adopted pursuant thereto, may call
				the Office of Affirmative Action at (518) 457-7187 at the department's central
				office in Albany.
(b) A person may
				petition the department for a declaratory ruling in accordance with the
				procedures contained in Part 619 of this Title, with respect to the
				applicability to any person of sections 52-0111 and 52-0113 of the ECL, these
				regulations and any procedures adopted pursuant thereto.
(c) A person deciding to challenge the basis
				of any equal employment opportunity and minority and women-owned business
				enterprise program determinations must do so in writing, within 30 business
				days of the date of the department's determination. The written challenge must
				state the factual determinations of the department with which the person
				disagrees and the nature of any legal issues presented by the
				challenge.
(d) Upon receipt of the
				written challenge, the department will determine whether the initial
				determination should be revised or may request additional information.
(1) If the department agrees with the person
				making the written challenge, it shall notify that person of its
				agreement.
(2) If the department
				does not agree with the person, it shall notify the person accordingly, with an
				explanation of the reasons for the disagreement, together with a form letter
				for the person to use if further review is requested.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 615 - Environmental Quality Bond Act Equal Employment And Minority And Women-owned Business Enterprise Program Regulations › Section 615.10 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof to
				  any person or circumstance is determined to be contrary to law by a court of
				  competent jurisdiction, such determination shall not affect or impair the
				  validity of the other provisions of this Part or the application thereof to
				  other persons and circumstances.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 616 - Access To Records › Public Access to Records › Section 616.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The people's right to know the process of government decisionmaking and the
				  documents and statistics leading to determinations is basic to our society.
				  Access to such information should not be thwarted by shrouding it with the
				  cloak of secrecy or confidentiality.
(b) This Part provides information concerning
				  the procedures by which records including but not limited to reports,
				  statements, examinations, memoranda, opinions, folders, files, books, manuals,
				  pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms,
				  computer tapes or disks, electronic records, videos, rules, regulations and
				  codes may be obtained.
(c)
				  Department personnel shall furnish to the public the information and records
				  required by the Freedom of Information Law, as well as records otherwise
				  available by law.
(d) Any conflicts
				  among laws governing public access to records shall be construed in favor of
				  the widest possible availability of public records.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 616 - Access To Records › Public Access to Records › Section 616.2 - Designation of records access officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) The
				  Commissioner of Environmental Conservation is responsible for ensuring
				  compliance with this Part. The commissioner designates the following person to
				  coordinate these efforts: Records Access Officer, Department of Environmental
				  Conservation.
(2) The records
				  access officer shall coordinate the response to public requests for access to
				  records. However, the public shall not be denied access to records through
				  officials who have in the past been authorized to make records or information
				  available.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 616 - Access To Records › Public Access to Records › Section 616.3 - Location of records

Current through Register Vol. 46, No. 28, July 10, 2024
Records shall be available for public inspection and
					 copying in the following locations:
(a) Central office.
Department of Environmental Conservation
625 Broadway
Albany, NY 12233-1500
(b) Regional offices.
(1) Region 1 Headquarters
Department of Environmental Conservation
SUNY Campus @ Stony Brook
50 Circle Road
Stony Brook, NY 11790-3409
(2) Region 2 Headquarters
Department of Environmental Conservation
1 Hunters Point Plaza
47-40 21st Street
Long Island City, NY 11101-5407
(3) Region 3 Headquarters
Department of Environmental Conservation
21 South Putt Corners Road
New Paltz, NY 12561-1696
(4) Region 4 Headquarters
Department of Environmental Conservation
1130 North Westcott Road
Schenectady, NY 12306-2014
(5) Region 5 Headquarters
Department of Environmental Conservation
1115 NYS Route 86
P. O. Box 296
Ray Brook, NY 12977-0296
(6) Region 6 Headquarters
Department of Environmental Conservation
317 Washington Street
Watertown, NY 13601-3787
(7) Region 7 Headquarters
Department of Environmental Conservation
615 Erie Boulevard West
Syracuse, NY 13204-2400
(8) Region 8 Headquarters
Department of Environmental Conservation
6274 East Avon - Lima Road
Avon, NY 14414-9519
(9) Region 9 Headquarters
Department of Environmental Conservation
270 Michigan Avenue
Buffalo, NY 14203-2999
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 616 - Access To Records › Public Access to Records › Section 616.4 - Hours for public inspection

Current through Register Vol. 46, No. 28, July 10, 2024
Requests for public access to records shall be accepted and
					 records shall be produced during all hours regularly open for business. These
					 hours are: 8:30 a.m. - 4:45 p.m.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 616 - Access To Records › Public Access to Records › Section 616.5 - Request for public access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A request for records must be in writing.
				  Requests for records can be sent to the department via regular mail at: Records
				  Access Officer, New York State Department of Environmental Conservation, 625
				  Broadway, 14th Fl., Albany, NY 12233-1500 or via electronic mail at:
				  foil@gw.dec.state.ny.us.
(b) A
				  request shall reasonably describe the record or records sought. Whenever
				  possible, a person requesting records should supply information regarding
				  dates, file designations or other information that may help to describe the
				  records sought.
(c) A response to a
				  request which reasonably describes the record or records sought shall be made
				  within five business days of receipt of the request. Where appropriate, the
				  response shall include a statement that access to the record or records sought
				  will be determined in accordance with section
				  616.7 
				  of this Part.
(d) If the department
				  does not provide or deny access to the record sought within five business days
				  of receipt of a request, the department shall furnish a written acknowledgment
				  of receipt and a statement of the approximate date, which shall be reasonable
				  under the circumstances of the request, when the request will be granted or
				  denied, including, where appropriate, a statement that access to the record
				  will be determined in accordance with section
				  616.7 
				  of this Part. If the department determines to grant a request in whole or in
				  part, and if circumstances prevent disclosure to the person requesting the
				  record or records within 20 business days from the date of the acknowledgment
				  of the receipt of the request, the agency shall state, in writing, both the
				  reason for the inability to grant the request within 20 business days and a
				  date certain within a reasonable period, depending on the circumstances, when
				  the request will be granted in whole or in part. The department's failure to
				  conform to these provisions shall constitute a denial of access to records
				  subject to administrative appeal pursuant to section
				  616.8 
				  of this Part.
(e) No records may be
				  removed by the requester from the office where the record is located without
				  the permission of the supervisor responsible for origination of the
				  record.
(f) If the department has
				  reasonable means available, the department will respond to requests for records
				  by electronic mail unless another form of response is requested.
(g) The department shall provide records on
				  the medium requested by a person, if the department can reasonably make such a
				  copy or have such copy made by engaging an outside professional
				  service.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 616 - Access To Records › Public Access to Records › Section 616.6 - Subject matter list

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The department shall maintain a reasonably detailed current list, by subject
				  matter, of all records in its possession, whether or not records are available
				  pursuant to subdivision 2 of section 87  of the Public Officers Law.
(b) The subject matter list shall be
				  sufficiently detailed to permit identification of the category of the record
				  sought.
(c) The subject matter list
				  shall be updated periodically, but not less than twice per year. The most
				  recent update shall appear on the first page of the subject matter
				  list.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 616 - Access To Records › Public Access to Records › Section 616.7 - Records containing trade secrets, confidential commercial information, or critical infrastructure information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Submission of records containing trade
				  secrets, confidential commercial information, or critical infrastructure
				  information.
(1) A person acting pursuant to
				  law or regulation who submits any information to the department may, at the
				  time of submission request that the department except such information from
				  disclosure under paragraph (d) of subdivision (2) of section 87  of the Public Officers Law, and may at any
				  time, request that the department except such information from disclosure under
				  paragraph (a) (1-a) of subdivision 5 of section 89  of the Public Officers Law. These sections
				  provide that an agency may deny access to records or portions thereof that are
				  trade secrets confidential commercial information submitted to an agency by a
				  commercial enterprise or derived from information obtained from a commercial
				  enterprise and which if disclosed would cause substantial injury to the
				  competitive position of the subject enterprise or critical infrastructure
				  information. Where the request itself contains information which if disclosed
				  would defeat the purpose for which the exception is sought, such information
				  shall also be excepted from disclosure.
(2) The request for an exception shall be in
				  writing and state the reasons why the information should be excepted from
				  disclosure.
(3) The person
				  submitting the information shall clearly identify those records or portions of
				  records for which the exception is requested. This may be accomplished by
				  separating and attaching to such records a cover sheet or other suitable form
				  of notice, using such language as "trade secret" or "confidential commercial
				  information" or "critical infrastructure information."
(4) In all cases the person must show the
				  reasons why the information should be considered to be related to critical
				  infrastructure or to be a trade secret or information submitted to the
				  department by a commercial enterprise or derived from information obtained from
				  a commercial enterprise, and which, if disclosed would likely cause substantial
				  injury to the competitive position of the subject enterprise.
(5) The person submitting the information may
				  request an exception from disclosure for a limited period of time. If so, the
				  person shall indicate that period of time when submitting the
				  information.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 616 - Access To Records › Public Access to Records › Section 616.8 - Denial of access to records; appeals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Denial of access shall be in writing,
				  stating the reasons therefor pursuant to the exceptions set forth in Public
				  Officers Law, section 87(2) and advising the person denied access of the right
				  to appeal to the FOIL Appeals Officer.
(b) If the department fails to respond to a
				  request within five business days of receipt of a request, as required in
				  subdivision (a) of this section, such failure shall be deemed a denial of
				  access.
(c) Except as provided in
				  section
				  616.7 
				  of this Part, any person denied access to records may appeal within 30 days of
				  a denial.
(d) Except as provided in
				  section
				  616.2(c) 
				  of this Part, the following person shall hear appeals under the Freedom of
				  Information Law for the denial of access to records, and shall have the
				  authority to delegate all or part of the decisionmaking authority of the FOIL
				  Appeals Officer, when deemed appropriate and/or necessary:
FOIL Appeals Officer
Department of Environmental Conservation
625 Broadway, Albany, NY 12233-1500
Telephone number: (518) 402-9522
(e) The time for deciding an appeal by the
				  FOIL Appeals Officer shall commence upon receipt of written appeal identifying:
(1) the date and location of requests for
				  records;
(2) the records that were
				  denied; and
(3) the name and return
				  address of the appellant.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 616 - Access To Records › Public Access to Records › Section 616.9 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There shall be
				  no fee charged for:
(1) inspection of
				  records.
(2) search for
				  records.
(3) any certification
				  pursuant to this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 616 - Access To Records › Public Access to Records › Section 616.10 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof to
					 any person or circumstances is adjudged invalid by a court of competent
					 jurisdiction, such judgment shall not affect or impair the validity of the
					 other provisions of this Part or the application thereof to other persons and
					 circumstances.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 616 - Access To Records › Access to Records Containing Personal Information › Section 616.20 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  It is the responsibility and the intent of the Department of Environmental
				  Conservation to fully comply with the provisions of article 6-A of the Public
				  Officers Law, the Personal Privacy Protection Law.
(b) These regulations provide information
				  regarding the procedures by which members of the public may assert rights
				  granted by the Personal Privacy Protection Law. Specifically, they set forth:
(1) procedures by which an individual can
				  learn if a system of records contains any records pertaining to him or
				  her;
(2) reasonable times, places
				  and means for verifying the identity of an individual who requests access to
				  his or her record;
(3) procedures
				  for providing access, upon the individual's request, to the individual's
				  record; and
(4) procedures for
				  reviewing a request from an individual for access to, and for correction or
				  amendment of, his or her record, for making a determination on such request,
				  and for an appeal within the agency of an initial adverse agency
				  determination.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 616 - Access To Records › Access to Records Containing Personal Information › Section 616.21 - Designation of privacy compliance officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The records access officer is hereby
				  designated privacy compliance officer, and is responsible for ensuring that the
				  department complies with the provisions of the Personal Privacy Protection Law
				  and with these regulations.
(b) The
				  address of the privacy compliance officer is:
Records Access Officer
Department of Environmental Conservation
625 Broadway
Albany, NY 12233-1500
(c) The privacy compliance officer shall
				  coordinate the response to individuals' requests for access to records which
				  contain personal information. Individuals may also seek access to records
				  containing personal information from department officials who have been
				  authorized to make such records available.
(d) The privacy compliance officer is
				  responsible for:
(1) assisting an individual
				  in identifying and requesting personal information, if necessary;
(2) describing the contents of systems of
				  records orally or in writing in order to enable an individual to learn if a
				  system of records includes a record or personal information identifiable to an
				  individual requesting such record or personal information; and
(3) ensuring that departmental personnel take
				  one of the following actions upon locating the record sought:
(i) make the record available for inspection,
				  in a printed form without codes or symbols, unless an accompanying document
				  explaining such codes or symbols is also provided;
(ii) permit the individual to copy the
				  record;
(iii) deny access to the
				  record in whole or in part and explain in writing the reasons
				  therefor;
(iv) make a copy
				  available upon request, upon payment of or offer to pay established fees, if
				  any, or permit the individual to copy the record;
(v) upon request, certify that a copy of the
				  record is a true copy; or
(vi)
				  certify, upon request, that:
(a) the
				  department does not have possession of the record sought;
(b) the department cannot locate the record
				  sought after having made a diligent search; or
(c) the information sought cannot be
				  retrieved by use of the description thereof, or by use of the name or other
				  identifier of the individual without extraordinary search methods being
				  employed by the department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 616 - Access To Records › Access to Records Containing Personal Information › Section 616.22 - Proof of identity

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  When a request is made in person, or when records are made available in person
				  following a request made by mail, the department may require appropriate
				  identification, such as a driver license, an identifier assigned to the
				  individual by the department, a photograph or similar information that confirms
				  that the record sought pertains to the individual.
(b) When a request is made by mail, the
				  department may require verification of a signature or inclusion of an
				  identifier generally known only by an individual, or similar appropriate
				  identification.
(c) Proof of
				  identity shall not be required regarding a request for a record accessible to
				  the public pursuant to the Freedom of Information Law (article 6 of the Public
				  Officers Law).
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 616 - Access To Records › Access to Records Containing Personal Information › Section 616.23 - Location of records

Current through Register Vol. 46, No. 28, July 10, 2024
Records shall be made available at the main office of the
					 department, and whenever practicable at a regional office convenient to the
					 requester. The addresses for these locations are listed in section
					 616.3  of this
					 Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 616 - Access To Records › Access to Records Containing Personal Information › Section 616.24 - Hours for public inspection and copying

Current through Register Vol. 46, No. 28, July 10, 2024
The department shall accept requests for records and
					 produce records during regular business hours, which are 8:30 a.m. to 4:45
					 p.m.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 616 - Access To Records › Access to Records Containing Personal Information › Section 616.25 - Requests for records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  All requests or voluntary consents shall be made in writing.
(b) A request shall reasonably describe the
				  record sought and, if by someone other than the data subject, must state the
				  uses which will be made of such personal information. Whenever possible, the
				  individual should supply identifying information that assists the department in
				  locating the records sought.
(c)
				  Other than the data subject, other parties that may have access to personal
				  records are officers, employees or contractors of the department if such
				  disclosure is necessary to perform their duties and to those parties and for
				  the uses set forth in paragraph (b) through (n) of section 96 of the Personal
				  Privacy Protection Act of the Public Officers Law.
(d) Requests based upon categories of
				  information described in a notice of a system of records or a privacy impact
				  statement shall be deemed to reasonably describe the record sought. (Such
				  notices and statements provide information about the department's maintenance
				  and use of records containing personal information.)
(e) Within five business days of the receipt
				  of a request, the department shall:
(1)
				  provide access to the record;
(2)
				  deny access in writing, explaining the reasons therefor; or
(3) acknowledge the receipt of the request in
				  writing, stating the approximate date when the request will be granted or
				  denied. This date shall not exceed 30 business days from the date of the
				  acknowledgment.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 616 - Access To Records › Access to Records Containing Personal Information › Section 616.26 - Correction or amendment of records

Current through Register Vol. 46, No. 28, July 10, 2024
Within 30 business days of a request from an individual for
					 correction or amendment of a record or personal information that is reasonably
					 described and that pertains to the individual, the department shall:
(a) make the correction or amendment in whole
				  or in part, and inform the individual that, on request, such correction or
				  amendment will be provided to any person or governmental unit to which the
				  record or personal information has been or is disclosed pursuant to paragraph
				  (d), (i) or (l) of subdivision 1 of section 96  of the Public Officers Law (which
				  paragraphs pertain to disclosures to other governmental units, to disclosures
				  based upon circumstances affecting the health or safety of an individual, and
				  to disclosures to certain public safety agencies); or
(b) inform the individual in writing of its
				  refusal to correct or amend the record, including the reasons
				  therefor.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 616 - Access To Records › Access to Records Containing Personal Information › Section 616.27 - Denial of request for a record or correction or amendment of a record or personal information

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Denial of a request for records or correction or amendment of a record or
				  personal information shall be in writing:
(1)
				  explaining the reasons therefor; and
(2) identifying the person to whom an appeal
				  may be directed.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 616 - Access To Records › Access to Records Containing Personal Information › Section 616.28 - Appeal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
				  denied access to a record or denied a request to correct or amend a record or
				  personal information pursuant to section
				  616.27 
				  of this Part may, within 30 business days of such denial, appeal to the FOIL
				  Appeals Officer as provided in section
				  616.8 
				  of this Part, except for such records that are in the custody of OHMS, the
				  Assistant Commissioner for OHMS shall serve as the FOIL Appeals
				  Officer.
(b) The time for deciding
				  an appeal shall commence upon receipt of an appeal that identifies:
(1) the date and location of a request for a
				  record or correction or amendment of a record or personal
				  information;
(2) the record that is
				  the subject of the appeal; and
(3)
				  the name and return address of the appellant.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 616 - Access To Records › Access to Records Containing Personal Information › Section 616.29 - Statement of disagreement by an individual

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If correction or amendment of a record or
				  personal information is denied, in whole or in part, upon appeal, the
				  determination rendered pursuant to the appeal shall inform the individual of
				  the right to:
(1) file with the department a
				  statement of reasonable length setting forth the individual's reasons for
				  disagreement with the determination; and
(2) request that such a statement of
				  disagreement be provided to any person or governmental unit to which the record
				  has been or is disclosed pursuant to paragraph (d), (i) or (l) of subdivision 1
				  of section 96  of the Public Officers Law (which
				  paragraphs pertain to disclosures to other governmental units, to disclosures
				  based upon circumstances affecting the health or safety of an individual, and
				  to disclosures to certain public safety agencies).
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 616 - Access To Records › Access to Records Containing Personal Information › Section 616.30 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless
				  otherwise prescribed by statute, there shall be no fee charged for:
(1) inspection of records;
(2) search for records; or
(3) any certification pursuant to this
				  Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 616 - Access To Records › Access to Records Containing Personal Information › Section 616.31 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provisions of this Part or the application thereof
					 to any person or circumstance is adjudged invalid by a court of competent
					 jurisdiction, such judgment shall not affect or impair the validity of the
					 other provisions of this Part or the application thereof to other persons and
					 circumstances.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 617 - State Environmental Quality Review › Section 617.1 - Authority, intent and purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				This Part is adopted pursuant to sections 3-0301 (1)(b) (2)(m) and
				8-0113  of the Environmental Conservation
				Law to implement the provisions of the State Environmental Quality Review Act
				(SEQR).
(b) In adopting SEQR, it
				was the Legislature's intention that all agencies conduct their affairs with an
				awareness that they are stewards of the air, water, land and living resources,
				and that they have an obligation to protect the environment for the use and
				enjoyment of this and all future generations.
(c) The basic purpose of SEQR is to
				incorporate the consideration of environmental factors into the existing
				planning, review and decision-making processes of state, regional and local
				government agencies at the earliest possible time. To accomplish this goal,
				SEQR requires that all agencies determine whether the actions they directly
				undertake, fund or approve may have a significant impact on the environment,
				and, if it is determined that the action may have a significant adverse impact,
				prepare or request an environmental impact statement.
(d) It was the intention of the Legislature
				that the protection and enhancement of the environment, human and community
				resources should be given appropriate weight with social and economic
				considerations in determining public policy, and that those factors be
				considered together in reaching decisions on proposed activities. Accordingly,
				it is the intention of this Part that a suitable balance of social, economic
				and environmental factors be incorporated into the planning and decision-making
				processes of state, regional and local agencies. It is not the intention of
				SEQR that environmental factors be the sole consideration in
				decision-making.
(e) This Part is
				intended to provide a statewide regulatory framework for the implementation of
				SEQR by all state and local agencies. It includes:
(1) procedural requirements for compliance
				with the law;
(2) provisions for
				coordinating multiple agency environmental reviews through a single lead agency
				(section
				617.6 
				of this Part);
(3) criteria to
				determine whether a proposed action may have a significant adverse impact on
				the environment (section
				617.7  of
				this Part);
(4) model environmental
				assessment forms to aid in determining whether an action may have a significant
				adverse impact on the environment (appendices A and B of section
				617.20  of this Part);
				and (5) examples of actions and classes of actions which are likely to require
				an EIS (section
				617.4  of this
				Part), and those which will not require an EIS (section
				617.5  of this
				Part).
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 617 - State Environmental Quality Review › Section 617.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, unless the context otherwise
				  requires:
(a)
Act
means article 8 of the Environmental Conservation Law (SEQR).
(b)
Actions
include:
(1) projects or physical activities, such as
				construction or other activities that may affect the environment by changing
				the use, appearance or condition of any natural resource or structure, that:
(i) are directly undertaken by an agency;
				or
(ii) involve funding by an
				agency; or
(iii) require one or
				more new or modified approvals from an agency or agencies;
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 617 - State Environmental Quality Review › Section 617.3 - General rules

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				No agency involved in an action may undertake, fund or approve the action until
				it has complied with the provisions of SEQR. A project sponsor may not commence
				any physical alteration related to an action until the provisions of SEQR have
				been complied with. The only exception to this is provided under section
				617.5(c) (24),
				(27), and (34) of this Part. An involved
				agency may not issue its findings and decision on an action if it knows any
				other involved agency has determined that the action may have a significant
				adverse impact on the environment, until a final EIS has been filed. The only
				exception to this is provided under section
				617.9(a)
				(5)(i)  of this Part.
(b) SEQR does not change the existing
				jurisdiction of agencies nor the jurisdiction between or among state and local
				agencies. SEQR provides all involved agencies with the authority, following the
				filing of a final EIS and written findings statement, or pursuant to section
				617.7(d) 
				of this Part to impose substantive conditions upon an action to ensure that the
				requirements of this Part have been satisfied. The conditions imposed must be
				practicable and reasonably related to impacts identified in the EIS or the
				conditioned negative declaration.
(c) An application for agency funding or
				approval of a Type I or Unlisted action will not be complete until:
(1) a negative declaration has been issued;
				or
(2) until a draft EIS has been
				accepted by the lead agency as satisfactory with respect to scope, content and
				adequacy. When the draft EIS is accepted the SEQR process will run concurrently
				with other procedures relating to the review and approval of the action, if
				reasonable time is provided for preparation, review and public hearings with
				respect to the draft EIS.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 617 - State Environmental Quality Review › Section 617.4 - Type I actions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The purpose of the list of Type I actions in this section is to identify, for
				agencies, project sponsors and the public, those actions and projects that are
				more likely to require the preparation of an EIS than Unlisted actions. All
				agencies are subject to this Type I list.
(1)
				This Type I list is not exhaustive of those actions that an agency determines
				may have a significant adverse impact on the environment and requires the
				preparation of an EIS. However, the fact that an action or project has been
				listed as a Type I action carries with it the presumption that it is likely to
				have a significant adverse impact on the environment and may require an EIS.
				For all individual actions which are Type I or Unlisted, the determination of
				significance must be made by comparing the impacts which may be reasonably
				expected to result from the proposed action with the criteria listed in section
				617.7(c) 
				of this Part.
(2) Agencies may
				adopt their own lists of additional Type I actions, may adjust the thresholds
				to make them more inclusive, and may continue to use previously adopted lists
				of Type I actions to complement those contained in this section. Designation of
				a Type I action by one involved agency requires coordinated review by all
				involved agencies. An agency may not designate as Type I any action identified
				as Type II in section
				617.5  of this
				Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 617 - State Environmental Quality Review › Section 617.5 - Type II Actions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Actions or classes of actions identified in subdivision (c) of this section are
				not subject to review under this Part, except as otherwise provided in this
				section. These actions have been determined not to have a significant impact on
				the environment or are otherwise precluded from environmental review under
				Environmental Conservation Law, article 8. The actions identified in
				subdivision (c) of this section apply to all agencies.
(b) Each agency may adopt its own list of
				Type II actions to supplement the actions in subdivision (c) of this section.
				No agency is bound by an action on another agency's Type II list. The fact that
				an action is identified as a Type II action in an agency's procedures does not
				mean that it must be treated as a Type II action by any other involved agency
				not identifying it as a Type II action in its procedures.
An agency that identifies an action as not requiring any
				  determination or procedure under this Part is not an involved agency. Each of
				  the actions on an agency Type II list must:
(1) in no case, have a significant adverse
				impact on the environment based on the criteria contained in section
				617.7(c) 
				of this Part; and
(2) not be a Type
				I action as defined in section
				617.4  of this
				Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 617 - State Environmental Quality Review › Section 617.6 - Initial review of actions and establishing lead agency

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Initial review of actions
(1) As early as possible in an agency's
				formulation of an action it proposes to undertake, or as soon as an agency
				receives an application for funding or for approval of an action, it must do
				the following:
(i) Determine whether the
				action is subject to SEQR. If the action is a Type II action, the agency has no
				further responsibilities under this Part;
(ii) Determine whether the action involves a
				federal agency. If the action involves a federal agency, the provisions of
				section
				617.15 
				of this Part apply;
(iii)
				Determine whether the action may involve one or more other agencies;
				and
(iv) Make a preliminary
				classification of an action as Type I or Unlisted, using the information
				available and comparing it with the thresholds set forth in section
				617.4  of this
				Part. Such preliminary classification will assist in determining whether a full
				EAF and coordinated review is necessary.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 617 - State Environmental Quality Review › Section 617.7 - Determining significance

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The lead agency must determine the significance of any Type I or Unlisted
				action in writing in accordance with this section.
(1) To require an EIS for a proposed action,
				the lead agency must determine that the action may include the potential for at
				least one significant adverse environmental impact.
(2) To determine that an EIS will not be
				required for an action, the lead agency must determine either that there will
				be no adverse environmental impacts or that the identified adverse
				environmental impacts will not be significant.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 617 - State Environmental Quality Review › Section 617.10 - Generic environmental impact statements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Generic EISs may be broader, and more
				general than site or project specific EISs and should discuss the logic and
				rationale for the choices advanced. They may also include an assessment of
				specific impacts if such details are available. They may be based on conceptual
				information in some cases. They may identify the important elements of the
				natural resource base as well as the existing and projected cultural features,
				patterns and character. They may discuss in general terms the constraints and
				consequences of any narrowing of future options. They may present and analyze
				in general terms a few hypothetical scenarios that could and are likely to
				occur. A generic EIS may be used to assess the environmental impacts of:
(1) a number of separate actions in a given
				geographic area which, if considered singly, may have minor impacts, but if
				considered together may have significant impacts;
(2) a sequence of actions, contemplated by a
				single agency or individual;
(3)
				separate actions having generic or common impacts; or
(4) an entire program or plan having wide
				application or restricting the range of future alternative policies or
				projects, including new or significant changes to existing land use plans,
				development plans, zoning regulations or agency comprehensive resource
				management plans.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 617 - State Environmental Quality Review › Section 617.11 - Decision-making and findings requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prior to the lead agency's decision on an
				action that has been the subject of a final EIS, it shall afford agencies and
				the public a reasonable time period (not less than 10 calendar days) in which
				to consider the final EIS before issuing its written findings statement. If a
				project modification or change of circumstance related to the project requires
				a lead or involved agency to substantively modify its decision, findings may be
				amended and filed in accordance with section
				617.12(b) 
				of this Part.
(b) In the case of an
				action involving an applicant, the lead agency's filing of a written findings
				statement and decision on whether or not to fund or approve an action must be
				made within 30 calendar days after the filing of the final EIS.
(c) No involved agency may make a final
				decision to undertake, fund, approve or disapprove an action that has been the
				subject of a final EIS, until the time period provided in subdivision (a) of
				this section has passed and the agency has made a written findings statement.
				Findings and a decision may be made simultaneously.
(d) Findings must:
(1) consider the relevant environmental
				impacts, facts and conclusions disclosed in the final EIS;
(2) weigh and balance relevant environmental
				impacts with social, economic and other considerations;
(3) provide a rationale for the agency's
				decision;
(4) certify that the
				requirements of this Part have been met; and
(5) certify that consistent with social,
				economic and other essential considerations from among the reasonable
				alternatives available, the action is one that avoids or minimizes adverse
				environmental impacts to the maximum extent practicable, and that adverse
				environmental impacts will be avoided or minimized to the maximum extent
				practicable by incorporating as conditions to the decision those mitigative
				measures that were identified as practicable.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 617 - State Environmental Quality Review › Section 617.12 - Document preparation, filing, publication and distribution

Current through Register Vol. 46, No. 28, July 10, 2024
The following SEQR documents must be prepared, filed,
				  published and made available as prescribed in this section.
(a) Preparation of documents.
(1) Each negative declaration, positive
				declaration, notice of completion of an EIS, notice of hearing and findings
				must contain the following: the name and address of the lead agency; the name,
				address and telephone number of a person who can provide additional
				information; a brief description of the action; the SEQR classification; and,
				the location of the action.
(2) In
				addition to the information contained in paragraph (1) of this subdivision:
(i) A negative declaration must meet the
				requirements of section
				617.7(b) 
				of this Part. A conditioned negative declaration must also identify the
				specific conditions being imposed that have eliminated or adequately mitigated
				all significant adverse environmental impacts and the period, not less than 30
				calendar days, during which comments will be accepted by the lead
				agency.
(ii) A positive declaration
				must identify the potential significant adverse environmental impacts that
				require the preparation of an EIS and state how and when scoping will be
				conducted.
(iii) A notice of
				completion must identify the type of EIS (draft, final, supplemental, generic)
				and state where copies of the document can be obtained. For a draft EIS the
				notice must include the period (not less than 30 calendar days from the date of
				filing or not less than 10 calendar days following a public hearing on the
				draft EIS) during which comments will be accepted by the lead agency.
(iv) A notice of hearing must include the
				time, date, place and purpose of the hearing and contain a summary of the
				information contained in the notice of completion. The notice of hearing may be
				combined with the notice of completion of the draft EIS.
(v)  Findings must contain the information
				required by section
				617.11(d)
				and (e)  of this Part.