reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLIII - New York State Public Authorities Control Board › Part 2700 - Public Access To Records › Section 2700.2 - Designation of records access officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The chairman is responsible for insuring
				compliance with this Part, and designates the following person as records
				access officer: Katharine B. MacKay, Room 113, State Capitol, Albany, New
				York.
(b) The records access
				officer is responsible for insuring appropriate broad 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. The records access officer shall assure that
				personnel:
(1) Maintain an up-to-date subject
				matter list.
(2) Assist the
				requester in identifying requested records, if necessary.
(3) Upon locating the records, take one of
				the following actions in accordance with section
				2700.6 of this Part:
(i) Make records promptly available for
				inspection; or,
(ii) Deny access to
				the records in whole or in part and explain in writing the reasons
				therefor.
(4) Upon
				request for copies of records:
(i) Make a
				copy available upon payment or offer to pay established fees, if any, in
				accordance with section
				2700.7 of this Part; or,
(ii) Permit the requester to copy those
				records.
(5) Upon
				request, certify that a transcript is a true copy of records copied.
(6) Upon failure to locate records, certify
				that:
(i) The New York State Public
				Authorities Control Board is not the legal custodian for such records;
				or
(ii) The records of which the
				New York State Public Authorities Control Board is a legal custodian, after
				diligent search, cannot be found.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLIII - New York State Public Authorities Control Board › Part 2700 - Public Access To Records › Section 2700.3 - Designation of fiscal officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				records access officer is designated the fiscal officer who shall certify the
				payroll and respond to requests, in accordance with section
				2700.7(b) of this
				Part, for an itemized record setting forth the name, address, title and salary
				of every officer or employee of the board.
(b) The fiscal officer shall make the payroll
				items listed above available to any person including bona fide members of the
				news media as required under section 88(1)(g), (1)(i), and (10) of the Freedom
				of Information Law.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLIII - New York State Public Authorities Control Board › Part 2700 - Public Access To Records › Section 2700.4 - Location

Current through Register Vol. 46, No. 28, July 10, 2024
Records shall be available for public inspection and copying
				  at: Room 113, State Capitol, Albany, New York, or at the location where they
				  are kept.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLIII - New York State Public Authorities Control Board › Part 2700 - Public Access To Records › Section 2700.5 - 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 produced during all hours regularly open for business. These hours are:
				  Monday through Friday, 9 a.m. to 5 p.m.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLIII - New York State Public Authorities Control Board › Part 2700 - Public Access To Records › Section 2700.6 - Requests for public access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where a request for records is required,
				such request may be oral or in writing. However, written requests shall not be
				required for records that have been customarily available without written
				request.
(b)
(1) Except under extraordinary circumstances,
				officials shall respond to a request for records no more than five business
				days after receipt of the request, whether the request is oral or in
				writing.
(2) If, because of
				extraordinary circumstances, more than five business days are required to
				respond to a request, receipt of the request shall be acknowledged within five
				business days after the request is received. The acknowledgment shall state the
				reason for delay and estimate the date when a reply will be made.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLIII - New York State Public Authorities Control Board › Part 2700 - Public Access To Records › Section 2700.7 - Denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Denial of access to records shall be in writing stating the reason therefor and
				advising the requester of the right to appeal to the individual to hear
				appeals.
(b) If requested records
				are not provided promptly, as required in section
				2700.2(b) of this
				Part, such failure shall also be deemed a denial of access.
(c) The following person shall hear appeals
				for denial of access to records under the Freedom of Information Law: The
				Public Authorities Control Board.
(d) The time for deciding an appeal by the
				individual designated to hear appeals shall commence upon receipt of written
				appeal identifying:
(1) The date of the
				appeal.
(2) The date and location
				of the requests for records.
(3)
				The records to which the requester was denied access.
(4) Whether the denial of access was in
				writing or was by failure to provide records promptly as required by section
				2700.2(b) of this
				Part.
(5) The name and return
				address of the requester.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLIII - New York State Public Authorities Control Board › Part 2700 - Public Access To Records › Section 2700.8 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There shall be
				no fee charged for:
(1) Inspections of
				records.
(2) Search for
				records.
(3) Any certification
				pursuant to this Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLIII - New York State Public Authorities Control Board › Part 2700 - Public Access To Records › Section 2700.9 - Public notice

Current through Register Vol. 46, No. 28, July 10, 2024
A notice containing the job title or name and business
				  address of the records access officer and fiscal officer; the name, job title,
				  business address and telephone number of the appeal person; and the location
				  where records can be seen or copied, shall be posted in a conspicuous location
				  wherever records are kept and/or published in a local newspaper of general
				  circulation.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLIII - New York State Public Authorities Control Board › Part 2700 - Public Access To Records › Section 2700.10 - 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 21 - Miscellaneous › Chapter XLV - Auburn Industrial Development Authority › Part 3000 - Implementation Of State Environmental Quality Review Act › Section 3000.1 - Purpose and authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				purpose of this Part is to establish such additional procedures as are
				necessary for the implementation of the State Environmental Quality Review Act,
				article 8 of the Environmental Conservation Law (hereinafter referred to as the
				"act") by the Auburn Industrial Development Authority (hereinafter referred to
				as the "issuer"). Procedures applicable to actions of the issuer are also
				contained in the act and in 6 NYCRR Part 617.
(b) It is the purpose of the issuer to
				promote, develop, encourage and assist in the acquiring, constructing,
				reconstructing, improving, maintaining, equipping and furnishing of industrial
				manufacturing, warehousing, commercial, and research facilities and facilities
				for use by a Federal agency or a medical facility including industrial
				pollution control facilities, which may include transportation facilities in
				one or more areas of the City of Auburn, and thereby advance the job
				opportunities, health, general prosperity and economic welfare of the people of
				the City of Auburn and to improve their medical care and standard of living. In
				meeting these objectives, the issuer seeks to strike a suitable balance among
				competing social, economic and environmental factors. It is the intention of
				this Part that social, economic and environmental factors be incorporated in
				the decision making processes of the issuer. It is not the intention of this
				Part that environmental factors be the sole consideration in the issuer's
				decision-making.
(c) The authority
				for the issuance of this Part is contained in section 8- 0113(3) of the act and
				in 6 NYCRR 617.10.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLV - Auburn Industrial Development Authority › Part 3000 - Implementation Of State Environmental Quality Review Act › Section 3000.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless the
				context otherwise requires, the definitions contained in section 8-0105 of the
				act and in 6 NYCRR 617.13 shall be applicable to this Part with the exception
				of the following terms:
(1) Applicant means
				any person making an application or other request for an action by the
				issuer.
(2) Complete application
				means an application which, in the judgement of the issuer, contains sufficient
				information on which to make a decision whether or not to approve or
				tentatively approve an action, and shall include the filing of all applications
				to the issuer associated with the proposed action that are, in the judgement of
				the issuer, required, unless, in the judgement of the issuer, such filing is
				not feasible or appropriate given the nature of the action or such failure to
				file all such applications at the same time will not preclude adequate reviews
				by the issuer.
(3) Exempt act means
				those actions enumerated in section 8-0105(3) of the act and in 6 NYCRR
				617.13(h), and those actions listed in Appendix 45-A of this Title,
				infra.
(4) Ministerial act means an
				act performed upon a given state of facts in a prescribed manner imposed by law
				without the exercise of any judgement or discretion as to the propriety of the
				action although the law may require in some degree a construction of its
				language or intent, including all actions listed in Appendix 45-B of this
				Title, infra.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLV - Auburn Industrial Development Authority › Part 3000 - Implementation Of State Environmental Quality Review Act › Section 3000.3 - Applicability and general rule

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				provisions of this Part shall become effective as of the date(s) prescribed in
				section 8-0117 of the act. This Part does not apply to actions undertaken or
				approved by the issuer prior to the date(s) specified in section 8-0117 of the
				act; provided, however, that if after such date(s) specified in section 8-0117
				of the act the issuer proposes to modify an action undertaken or approved prior
				to such date(s), which modification may have a significant adverse effect on
				the environment, such modification shall be an action fully subject to this
				Part.
(b) All actions of the issuer
				shall be fully subject to this Part and the procedures contained in this Part
				shall be followed except actions undertaken or approved prior to the effective
				date or dates of this Part, exempt acts, ministerial acts, Type II actions and
				actions which are a part of, and in compliance with, a broad program of the
				issuer which has been the subject of a single final EIS.
(c) No final decision to carry out or approve
				an action which may have a significant effect on the environment shall be made
				by the issuer until after the filing of a final EIS for such action and until
				the issuer has made the decision-making findings as are required in section
				3000.9 of this Part and, in the
				case of an applicant, all requisite fees and costs have been paid by the
				applicant as provided in sections
				3000.4(f)  and
				3000.10 of this Part.
(d) This Part does not apply to actions by
				private persons where no non-ministerial issuer action is involved. This Part
				is intended to cover only actions of the issuer or actions which must be
				approved, funded or otherwise acted upon by the issuer.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLV - Auburn Industrial Development Authority › Part 3000 - Implementation Of State Environmental Quality Review Act › Section 3000.4 - Responsibility of applicants

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Each applicant to the issuer shall submit to the issuer as part of the
				application an environmental assessment, in form acceptable to the issuer,
				which describes and analyzes the environmental impact and effects of the
				proposed action in sufficient detail for the issuer to determine:
(1) whether the proposed action constitutes
				an exempt act;
(2) whether the
				proposed action is a ministerial action;
(3) whether the proposed action constitutes a
				Type II action;
(4) whether the
				proposed action may or will not have a significant effect on the environment;
				and
(5) to the best knowledge of
				the applicant, which other agencies, including Federal agencies, have
				jurisdiction by law, rule or regulation over the proposed action or any part
				thereof and whether or not issuer is the lead agency with respect to the
				proposed action.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLV - Auburn Industrial Development Authority › Part 3000 - Implementation Of State Environmental Quality Review Act › Section 3000.5 - Procedures prior to draft EIS preparation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Actions involving applicant. Within 15
				calendar days after the submission of a complete application and environmental
				assessment by an applicant, the issuer shall determine whether the proposed
				action is an action subject to this Part pursuant to section
				3000.3 of this Part and, if
				subject to this Part, whether the proposed action may or will not have a
				significant effect upon the environment. Written notification of the issuer's
				determination will be given to the applicant.
(b) Issuer actions. As early as possible in
				the formation of a proposal for an action to be undertaken by the issuer, the
				issuer shall ascertain whether the proposed action is subject to this Part
				pursuant to section
				3000.3 of this Part and, if
				subject to this Part, whether the proposed action may or will not have a
				significant effect upon the environment.
(c) Negative declaration. If the issuer
				determines that a proposed action:
(1) is
				subject to this Part pursuant to section
				3000.3 of this Part and
(2) will not have a significant effect on the
				environment, the issuer shall prepare, circulate, file and make available for
				public inspection a negative declaration as provided in subdivisions (f) and
				(g) of this section. In addition, the issuer shall prepare, file and make
				available for public inspection in its principal office a statement setting
				forth the reasons supporting its determination. Upon such filing and
				circulation of the negative declaration, the issuer shall have no further
				obligation with respect to this Part and may undertake such action.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLV - Auburn Industrial Development Authority › Part 3000 - Implementation Of State Environmental Quality Review Act › Section 3000.6 - Draft EIS procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Should
				the issuer determine that the proposed action may have a significant effect on
				the environment, and should the issuer be the lead agency or the only agency
				involved, the issuer shall, as provided in section
				3000.5 of this Part, request the
				applicant to prepare a draft EIS, or shall prepare a draft EIS, as the case may
				be. Such draft EIS shall conform to the requirements of 6 NYCRR
				617.6.
(b) Upon the completion of a
				draft EIS, the issuer shall issue a notice of completion which shall contain
				the following:
(1) an action identifying
				number or name;
(2) a brief
				description of the action covered by the draft EIS and the location thereof and
				of its potential impacts and effects;
(3) a statement indicating where copies of
				the draft EIS are available for review and how copies of the draft EIS may be
				obtained from the issuer; and
(4) a
				statement that comments on the draft EIS are requested and will be received and
				considered by the issuer at its principal office for a period of not less than
				30 calendar days from the first filing and circulation of said notice pursuant
				to subdivision (c) of this section or not less than 10 calendar day following a
				public hearing at which the environmental impacts of the proposed action are
				considered.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLV - Auburn Industrial Development Authority › Part 3000 - Implementation Of State Environmental Quality Review Act › Section 3000.7 - Final EIS procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If,
				after the completion of the draft EIS, the receipt of comments thereon and the
				close of the public hearing (if any) held thereon, the issuer determines that
				the proposed action of the issuer may have a significant effect upon the
				environment, the issuer shall prepare or cause to be prepared a final EIS, and
				cause said final EIS to be filed, in accordance with the provisions of 6 NYCRR
				617.6 and 6 NYCRR 617.7(h) and (i). However, if the issuer requests an
				applicant to prepare a supplemental environmental impact report as provided in
				subdivision (d) of section
				3000.5 of this Part, the issuer
				shall not commence preparation of the final EIS nor cause its preparation to be
				undertaken until a completed supplemental environmental impact report is
				received.
(b) Upon completion of
				the final EIS, the issuer shall prepare a notice of completion of a final EIS
				in the same form as is required for a notice of completion of a draft EIS
				pursuant to section
				3000.6(b) of this
				Part (except that the notice will not contain the statement described in
				paragraph [4] of subdivision [b] of section
				3000.6), and the issuer shall send
				and file said notices of completion of the final EIS in the same manner as is
				required for circulating and filing notices of completion of the draft EIS
				pursuant to sections
				3000.6(c) and (d)
				of this Part. Copies of the final EIS shall be filed in the same manner as is
				required for a draft EIS pursuant to section
				3000.6(d) of this
				Part.
(c) The issuer shall maintain
				files open to public inspection at its principal office of all final EIS's and
				notices of completion for all final EIS's prepared at its request by an
				applicant or which it has prepared or caused to be prepared.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLV - Auburn Industrial Development Authority › Part 3000 - Implementation Of State Environmental Quality Review Act › Section 3000.8 - Actions involving Federal participation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If an action under consideration by the
				issuer may involve "major Federal action significantly affecting the quality of
				the human environment (hereinafter called "Federal action") under the National
				Environmental Policy Act of 1969 (hereinafter called "NEPA") and where there
				has been duly prepared under NEPA both a draft environmental impact statement
				and a final environmental impact statement for said action, the issuer shall
				have no obligation with respect to this Part except that:
(1) compliance with the act shall be
				coordinated with and made in conjunction with Federal requirements in a single
				environmental reporting procedure and the issuer shall make and file, in
				accordance with section
				3000.9 of this Part, the findings
				required by subdivision 8 of section 8-0109 of the act; or
(2) where the issuer did not participate in
				the preparation of the statements (or submit material relating thereto)
				prepared pursuant to the requirements of NEPA, such Federal statements shall be
				supplemented by a description of any growth-inducing aspects of the proposed
				action and a discussion of the effects of the proposed action on the use and
				conservation of energy; and
Upon making the decision-making findings in accordance with
				  section 3000.9 of this Part as provided in
				  paragraph (1) of this subdivision, or upon the supplementation of said
				  statements as provided in paragraph (2) of this subdivision, the issuer may
				  undertake such action.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLV - Auburn Industrial Development Authority › Part 3000 - Implementation Of State Environmental Quality Review Act › Section 3000.9 - Decsion-making findings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Before
				the issuer decides to carry out or approve an action which may have a
				significant effect upon the environment, the issuer shall file and consider a
				final EIS and shall make the following findings in a written determination:
(1) that the issuer to the maximum extent
				practicable has acted and chosen an alternative, from among the reasonable
				alternatives thereto, which, consistent with social, economic and other
				essential considerations of State policy, minimizes or avoids adverse
				environmental effects, including effects revealed in the relevant environmental
				impact statement, and
(2) that
				consistent with social, economic and other essential considerations of State
				policy, all practicable means will be taken in carrying out or approving the
				action to minimize or avoid adverse environmental effects.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLV - Auburn Industrial Development Authority › Part 3000 - Implementation Of State Environmental Quality Review Act › Section 3000.10 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Preparing EIS's
				for proposed actions involving applicants. The issuer shall prepare or cause to
				be prepared an EIS for a proposed action involving an applicant only where
				practicable considering existing staff and resources and when the public
				interest will be thereby served. In such cases, the issuer may charge a fee to
				the applicant for the preparation of such EIS. Where the issuer reviews an EIS
				for a proposed action involving an applicant, the issuer may charge a fee to
				the applicant for the review of an EIS involved with said action. The fee
				charged shall be the entire cost to the issuer of such preparation and/or
				review. The costs shall include personal services of issuer employees computed
				at an hourly rate, fringe benefits attributable to such personal services,
				overhead attributable to such personal services plus any other costs
				attributable to EIS preparation or review. In no event shall the fee for EIS
				preparation and review exceed any limit contained in 6 NYCRR 617.11.
(b) Fees to cover miscellaneous costs. The
				issuer may also charge a fee to an applicant for the costs of publishing or
				filing any notices required by this Part and for costs incurred in the
				conducting of a public hearing. The fee charged shall be the entire costs to
				the issuer of such publishing, filing or hearings. The costs shall include
				personal services of issuer employees computed at an hourly rate, fringe
				benefits attributable to such personal services, overhead attributable to such
				personal services, printing costs, stenographic costs and all other costs
				attributable to such publishing, filing or hearings.
(c) The technical services of the issuer may
				be made available on a fee basis reflecting the costs thereof to other
				agencies, and the fee charged to any applicant pursuant to this section may
				reflect such costs.
(d) Fees for
				copies of filed documents. Copies of documents filed at the principal office of
				the issuer as provided in this Part shall be available to the public at a fee
				of 25 cents per page for each copy not exceeding 8 1/2 by 14 inches in size for
				reproduction made on copying machines, and a fee equal to the actual cost of
				materials and duplication for reproductions which cannot be made on a copying
				machine, including but not limited to large maps.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLVI - Onondaga County Water Authority › Part 3050 - Implementation Of State Environmental Quality Review Act › Section 3050.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
It is the purpose of the Onondaga County Water Authority to
				  supply and sell water for domestic, commercial and public purposes at retail to
				  individual customers within the County of Onondaga or at wholesale in the
				  manner provided under subdivision eight of section
				  1154 of
				  the Public Authorities Law; to purchase, construct, lease and operate water
				  systems and properties in Onondaga County, and in the Towns of Sullivan, Lenox
				  and Lincoln in Madison County, and Volney in Oswego County; and to carry out
				  all powers and duties granted and imposed, pursuant to title 7 of the Public
				  Authorities Law. In meeting these objectives, the authority seeks to strike a
				  suitable balance among competing social, economic and environmental factors. It
				  is the intention of this Part that such factors be incorporated in the
				  decision-making processes of the authority. It is not the intention of this
				  Part that environmental factors be the sole consideration in the authority's
				  decision-making.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLVI - Onondaga County Water Authority › Part 3050 - Implementation Of State Environmental Quality Review Act › Section 3050.2 - Applicability and general rule

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				provisions of this Part effective as of the date prescribed in section 8-0117
				of the act. This Part does not apply to actions undertaken or approved by the
				authority prior to such date specified in section 8-0117 of the act; provided,
				however, that if after such date specified in section 8-0117 of the act the
				authority proposes to modify an action undertaken or approved prior to such
				date, which modification may have a significant adverse effect on the
				environment, such modification shall be an action fully subject to this
				Part.
(b) All actions of the
				Onondaga County Water Authority shall be subject to this Part and the
				procedures contained in this Part shall be followed except actions undertaken
				or approved prior to the effective date of this Part, exempt acts, Type II
				actions and actions which are a part of, and in compliance with, a broad
				program of the authority which has been the subject of a single final
				EIS.
(c) No final decision to carry
				out or approve an action which may have a significant effect on the environment
				shall be made by the authority until after the filing of a final EIS for such
				action and until the authority has made the decision-making findings as are
				required in section
				3050.10 of this Part and, in the
				case of an applicant, all requisite fees and costs have been paid by the
				applicant as provided in section
				3050.12 of this Part.
(d) This Part does not apply to actions by
				private persons where no non-ministerial authority action is involved. This
				Part is intended to cover only actions of the authority or actions which must
				be approved, funded or otherwise acted upon by the authority.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLVI - Onondaga County Water Authority › Part 3050 - Implementation Of State Environmental Quality Review Act › Section 3050.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Unless the context otherwise requires, the definitions
				  contained in section 8- 0105 of the act and 6 NYCRR 617.13 shall be applicable
				  to this Part with the exception of the following terms:
(a) Act means the State Environmental Quality
				Review Act constituting article 8 of the Environmental Conservation Law and any
				amendments thereto.
(b) Applicant
				means any person making an application or other request for authority
				action.
(c) Administrative director
				means the administrative director of the "authority".
(d) Complete application means an application
				which, in the judgment of the authority, contains sufficient information on
				which to make a decision whether or not to approve an application.
(e) Authority means the Onondaga County Water
				Authority.
(f) Environmental impact
				statement (EIS) means a written document prepared in accordance with 6 NYCRR
				617.6 and this Part. An environmental impact statement may either be a "draft"
				or be "final".
(g) Environmental
				report shall mean a written report submitted to the authority by an applicant
				who has declined to prepare an EIS requested by the authority. It contains an
				analysis of the environmental factors specified in 6 NYCRR 617.6 as they relate
				to the applicant's proposed action and such other information as may be
				necessary for compliance with 6 NYCRR Part 617 and this Part.
(h) Exempt action means those actions
				enumerated in section 8-0105(3) of the act and in 6 NYCRR 617.13(h) and those
				actions listed in Appendix 46-A of this Part, including ministerial
				actions.
(i) Ministerial action
				means an action performed upon a given state of facts in a prescribed manner
				imposed by law without the exercise of any judgment or discretion as to the
				propriety of the action, although such law may require, in some degree, a
				construction of its language or intent. Ministerial action shall include but
				not be limited to:
(1) Any act, decision or
				commitment required to be made pursuant to pre-existing contractual
				arrangements by which the authority is bound. Such contractual arrangements
				shall include all trust indentures and leases presently existing.
(2) All enforcement actions commenced by or
				on behalf of the authority against third parties to enforce compliance by such
				third party with any provision of any contract, law, rule, ordinance, etc. by
				which such third party is bound.
(3) Any act required to be performed by any
				Federal or State law, rule, regulation or decision.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLVI - Onondaga County Water Authority › Part 3050 - Implementation Of State Environmental Quality Review Act › Section 3050.4 - Responsibilities of applicants

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Each applicant to the authority shall prepare a SEQR data sheet at a prescribed
				point in the application process in a form acceptable to the authority
				describing and analyzing the environmental impacts of the proposed action. The
				SEQR data sheet shall contain sufficient information for the authority to
				determine:
(1) pursuant to section
				3050.5 of this Part, whether the
				action may or will not have a significant effect on the environment;
(2) whether the proposed action constitutes
				an exempt action;
(3) whether the
				proposed action is a ministerial action;
(4) whether the proposed action constitutes a
				Type II action.
If, in the judgment of the authority the information provided
				  in the SEQR data sheet is insufficient to complete an adequate environmental
				  analysis under SEQR, it may require the applicant to furnish additional
				  information on the proposed action.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLVI - Onondaga County Water Authority › Part 3050 - Implementation Of State Environmental Quality Review Act › Section 3050.6 - Notices of completion of draft EIS's and circulation, filing and availability thereof; circulation, filing and availability of draft EIS's; public hear

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notices of
				completion of draft EIS's. Upon the completion of a draft EIS, the authority
				shall immediately prepare, file and make available for public inspection a
				notice of completion as provided in paragraphs (1), (2) and (3) of this
				subdivision.
(1) Contents of notices of
				completion. All notices of completion shall contain the following:
(i) an action identifying number or
				name;
(ii) a brief description of
				the action;
(iii) the location of
				the action and its potential impacts and effects (county and city, town,
				village); and
(iv) a statement that
				comments on the draft EIS are requested and will be received and considered by
				the authority at its office. The notice shall specify the public review and
				comment period on the draft EIS, which shall be for not less than 30 calendar
				days from the date of filing and circulation of the notice or not less than 10
				calendar days following any public hearing on the draft EIS.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLVI - Onondaga County Water Authority › Part 3050 - Implementation Of State Environmental Quality Review Act › Section 3050.7 - Final EIS procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except
				as provided in paragraphs (1) and (2) of this subdivision, the lead agency
				shall prepare or cause to be prepared a final EIS within 45 calendar days after
				the close of any hearing or within 60 calendar days after the filing of the
				draft EIS, whichever last occurs.
(1) If the
				proposed action has been withdrawn or if, on the basis of the draft EIS or a
				hearing, the authority has determined that the action will not have a
				significant effect on the environment, no final EIS shall be
				prepared.
(2) The authority may
				extend the last date for preparation of the final EIS (i) where it determines
				that additional time is necessary to complete the statement adequately or (ii)
				to meet the requirements of other statutes and regulations, or (iii) where
				problems with the proposed action requiring material reconsideration or
				modification have been identified, or (iv) for other causes.
(3) The final EIS shall reflect a revision
				and updating of the matters contained in the draft EIS in the light of further
				authority review, comments received and the record of any hearing.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLVI - Onondaga County Water Authority › Part 3050 - Implementation Of State Environmental Quality Review Act › Section 3050.8 - Actions involving Federal participation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If an action under consideration by the
				authority may involve a major Federal action significantly affecting the
				quality of the human environment under the National Environmental Policy Act of
				1969, then the procedures specified in this section shall be
				followed.
(b) In the case of an
				action for which there has duly been prepared under the National Environmental
				Policy Act of 1969, both a draft environmental impact statement and a final
				environmental impact statement, the authority shall have no obligation to
				prepare an EIS or to make findings pursuant to section 10, provided that such
				environmental impact statements either contain or are supplemented by the
				matters described in paragraphs (a)(7) and (8) of 6 NYCRR 617.6 relating to
				growth inducement and energy use and conservation.
(c) In the case of an action for which has
				been prepared a negative declaration or other written threshold determination
				that the action will not require a Federal impact statement under the National
				Environmental Policy Act of 1969, the authority shall determine whether or not
				the action may have a significant effect on the environment pursuant to article
				8 of the Environmental Conservation Law, 6 NYCRR Part 617 and this Part and the
				action shall be subject to such law and regualtions.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLVI - Onondaga County Water Authority › Part 3050 - Implementation Of State Environmental Quality Review Act › Section 3050.9 - Contents of EIS's

Current through Register Vol. 46, No. 28, July 10, 2024
All draft and final EIS's prepared by or at the request of
				  the authority shall contain the information specified in 6 NYCRR
				  617.6.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLVI - Onondaga County Water Authority › Part 3050 - Implementation Of State Environmental Quality Review Act › Section 3050.10 - Authority decision making

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				When the authority is the lead agency, its decision whether or not to approve
				an action which has been the subject of an EIS shall be made within 30 calendar
				days of the filing of a final EIS.
(b) When the authority decides to carry out
				or approve an action which may have a significant effect on the environment, it
				shall make the following findings in a written decision:
(1) consistent with social, economic and
				other essential considerations of State policy, from among the reasonable
				alternatives thereto, the action to be carried out or approved is one which
				minimizes or avoids adverse environmental effects to the maximum extent
				possible, including the effects disclosed in the relevant environmental impact
				statement, and
(2) consistent with
				social, economic and other essential considerations of State policy, all
				practicable means will be taken in carrying out or approving the action to
				minimize or avoid adverse environmental effects.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLVI - Onondaga County Water Authority › Part 3050 - Implementation Of State Environmental Quality Review Act › Section 3050.11 - Authority filing of OCWA-EQ documents

Current through Register Vol. 46, No. 28, July 10, 2024
The authority shall maintain files in the office of the
				  authority available for public inspection of all negative declarations, notices
				  of determinations of significance, notices of completion of draft and final
				  EIS, notices of public hearing, draft and final EIS's, and decisions it has
				  prepared or caused to be prepared. Copies of draft and final EIS's shall be
				  available to the public at charges regularly made by the authority for copies
				  of other documents.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLVI - Onondaga County Water Authority › Part 3050 - Implementation Of State Environmental Quality Review Act › Section 3050.12 - Fees and costs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Preparing
				EIS's for proposed actions involving applicants. The authority shall prepare or
				cause to be prepared an EIS for a proposed action involving an applicant only
				where practicable considering existing staff and resources and when the public
				interest will be thereby served. In such cases, the authority may charge a fee
				and costs to the applicant for the preparation of such EIS. Where the authority
				reviews an EIS for a proposed action involving an applicant, the authority may
				charge a fee and costs to the applicant for the review of an EIS involved with
				said action. The fee and costs charged shall be the entire costs to the
				authority of such preparation and/or review. The fee and costs shall include
				personal services of authority employees computed at an hourly rate, fringe
				benefits attributable to such personal services, overhead attributable to such
				personal services plus any other costs attributable to EIS preparation or
				review. In no event shall the fee for EIS preparation and review exceed any
				limit contained in 6 NYCRR 617.11.
(b) Fees to cover miscellaneous costs. The
				authority may also charge a fee to an applicant for the costs of publishing or
				filing any notices required by this Part and for costs incurred in the conduct
				of a public hearing. The fee charged shall be the entire cost to the authority
				of such publishing, filing or hearings. The costs shall include personal
				services of authority employees; computed as set forth in subdivision (a) of
				this section.
(c) The technical
				services of the authority may be made available on a fee basis reflecting the
				costs thereof to other agencies, and the fee charged to any applicant pursuant
				to this section may reflect such costs.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLVII - State Mediation Board › Part 4000 - Policies And Procedures; Labor Arbitrations › Section 4000.1 - Functions of the board

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Although the primary function of the State Mediation Board is to take all steps
				which will effectively and expeditiously carry out the policy of the New York
				State Legislature and maintain industrial peace through mediation as set forth
				in article 21 of the State Labor Law, the board has an additional
				function--that of arbitration.
(b)
				The services of the board will be provided to resolve disputes between an
				employer and a labor organization in the following situations:
(1) Where there is a collective bargaining
				agreement containing an arbitration clause and the State Mediation Board is
				named as the arbitration agency, or
(2) The parties by an agreement in writing
				submit a dispute or grievance to the board for arbitration.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLVII - State Mediation Board › Part 4000 - Policies And Procedures; Labor Arbitrations › Section 4000.2 - Arbitration requests

Current through Register Vol. 46, No. 28, July 10, 2024
Arbitration may be initiated by a written request to the
				  State Mediation Board which shall include:
(a) The complete names, addresses and
				telephone numbers of both parties (and the international affiliation of the
				labor organization).
(b) The names,
				addresses and telephone numbers of the attorneys (if any) representing each
				party.
(c) The text of the contract
				clause providing for arbitration and the date the contract expires, or a
				written submission signed by both parties, designating the board as the
				arbitration agency.
(d) A statement
				of the specific issue to be arbitrated, including names of the persons to be
				affected by the arbitrator's award.
(e) A statement or indication that a copy of
				the request for arbitration has been served on the other side.
(f) The signature and title of the person
				filing the request for arbitration.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLVII - State Mediation Board › Part 4000 - Policies And Procedures; Labor Arbitrations › Section 4000.3 - Assignment of arbitration requests

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The determination of whether a case is to be assigned to a staff mediator or to
				a panel from which the parties shall make their designation is within the
				discretion of the board or its designated representative, notwithstanding any
				contractual provision or stipulation that the issue will be heard by a staff
				mediator. Arbitration requests will be assigned to panel where the parties so
				contract or stipulate.
(b) In those
				cases where the collective bargaining agreement provides for panel arbitration,
				or the board determines that the issue shall be referred to a panel arbitrator,
				a list of five panel members is submitted to each of the parties. On request,
				the board will furnish a biographical sketch of each panel arbitrator. Within
				the time set forth in that list, each party is to delete two names from the
				list and number the remaining list in order of preference. The arbitrator as
				thus selected will be formally designated by the board. If either party does
				not return the list within the time limit, it will be assumed by the board that
				all arbitrators on the list are acceptable and the board may designate any
				arbitrator named on the list.
(c)
				In the event one party rejects all the names on the list, a second list of five
				arbitrators will be submitted to both parties and each party is permitted to
				make a new selection. In no event, however, will there be more than three lists
				of arbitrators furnished to the parties under this procedure. If the demand for
				arbitration was initiated by the service of the notice required by section 7503
				of article 75 of the Civil Practice Law and Rules of the State of New York, and
				proof of service has been filed with the board, and if no agreement or
				selection is made by the parties from the final list, the board will designate
				the arbitrator. It can be seen by this procedure that the parties themselves
				make the selection of an arbitrator to resolve the dispute-- not the board.
				Only when there is no agreement on the selection does the board make a
				selection.
(d) It is the policy of
				the board to assign cases involving payment of dues and/or initiation cases to
				panel arbitration. Arbitration of cases in the New York City area involving
				contributions to pension, welfare or employee benefit plans will be assigned to
				special pension and welfare arbitrators or panel arbitrators. The determination
				as to whether any cases are to be assigned to special pension and welfare
				arbitrators or to panel arbitrators is a determination made at the sole
				discretion of the board, or its designated representative.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLVII - State Mediation Board › Part 4000 - Policies And Procedures; Labor Arbitrations › Section 4000.4 - Fees for services of arbitrators

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Many panel arbitrators have full-time
				occupations in legal, engineering, consultation and other fields and
				professions and a few are full-time professional arbitrators. Panel arbitrators
				when selected by the parties receive a fee for their services, paid for by the
				parties. The fee is established by the arbitrator on a per diem or on a case
				basis. The parties make payment directly to the arbitrator and not through the
				State Mediation Board. There are no charges by the board to the parties for the
				use of the services of the board.
(b) In cases where the board (or its
				designated representative) assigns a case to a staff mediator to arbitrate the
				dispute, this decision is entirely up to the board. There is no charge to the
				parties for this service. However, priority is given to mediation
				activities.