reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 461 - Implementation Of The State Environmental Quality Review Act › Section 461.11 - Notices, circulation, filing and contents of SEQRA documents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notices of
				negative declarations and positive declarations shall:
(1) contain the following:
(i) a statement that it is a negative or
				positive declaration, as appropriate, for the purposes of article 8 of the
				Environmental Conservation Law;
(ii) the name and address of the lead
				agency;
(iii) the name and
				telephone number of a person at the Power Authority who can provide further
				information;
(iv) the nature and
				extent of the action and the action identifying number or name;
(v) the location of the action (county and
				city, town or village);
(vi) a
				brief description of the action;
(vii) in the case of a negative declaration,
				a brief explanation supporting the determination that the action will not have
				a significant effect on the environment; and
(viii) in the case of a positive declaration,
				a brief description of the possible significant environmental effects that have
				been identified, and a brief statement of the reasons supporting the
				determination; and
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 461 - Implementation Of The State Environmental Quality Review Act › Section 461.12 - Responsibilities of the director

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				With respect to Type I and unlisted activities where the Power Authority is the
				lead agency, the director shall make the initial determination of significance
				or nonsignificance. This determination will take into consideration the
				criteria set forth in section
				461.18 of this Part, the
				information contained in the EAF and any other information which the director
				deems necessary to make such determination.
(b) If the director determines that an EIS is
				required, he shall prepare or cause to be prepared such EIS.
(c) Based upon the significance of the action
				and/or issues raised by any request for hearing, the director will determine if
				a hearing should be held. Any such hearing shall be for the purpose of
				obtaining additional public comment and shall be legislative in
				nature.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 461 - Implementation Of The State Environmental Quality Review Act › Section 461.13 - Decisionmaking and findings requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prior to the Power Authority's decision
				on an action which 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.
(b) The Power Authority, by its trustees or
				their delegate, shall not make a final decision to commence, engage in, fund or
				approve action that has been the subject of a final Federal or a final SEQRA
				EIS until it has:
(1) given consideration to
				the final EIS;
(2) made a written
				finding that the requirements of this Part have been met and the action is:
(i) consistent with social, economic and
				other essential considerations 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 practicable, including the effects
				disclosed in the relevant environmental impact statement; and
(ii) consistent with social, economic and
				other essential considerations, to the maximum extent practicable, adverse
				environmental effects revealed in the environmental impact statement process
				will be minimized or avoided by incorporating as conditions to the decision
				those mitigative measures which were identified as practicable; and
(3) prepared a written statement
				of the facts and conclusions relied upon in the EIS, supporting its decision
				and indicating the social, economic and other factors and standards which
				formed the basis of its decision.
(4) When the action is in the coastal area
				within the boundaries of an approved local waterfront revitalization program,
				and the action is one identified by the Secretary of State pursuant to section
				916
				(1)(a) of the Executive Law, the action must
				be consistent, to the maximum extent practicable, with the applicable policies
				of such program.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 461 - Implementation Of The State Environmental Quality Review Act › Section 461.14 - Fees and costs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When an
				action subject to this Part involves an applicant, the Power Authority may
				charge a fee to the applicant in order to recover the actual costs of
				environmental review and/or preparing or reviewing the EIS; provided, however,
				that an applicant may not be charged a separate fee for both the preparation
				and review of an EIS; and provided, further, that any fee charged must reflect
				the actual costs to the Power Authority for such preparation or review. Where
				an applicant does not choose to prepare the EIS, the Power Authority shall
				provide the applicant, upon request, with an estimate of the costs for
				preparing such statement based on the total cost of the project for which
				funding or approval is sought.
(b)
				For nonresidential construction projects, the total project cost shall be the
				cost of supplying utility service to the project, the cost of site preparation
				and the cost of labor and material, as determined with reference to a current
				cost data publication in common usage such as Building Construction Cost Data
				by Means.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 461 - Implementation Of The State Environmental Quality Review Act › Section 461.15 - Confidentiality

Current through Register Vol. 46, No. 28, July 10, 2024
When an applicant submits a completed EAF, draft or final
				  EIS, or otherwise provides information concerning the environmental impacts of
				  a proposed project, the applicant may request that specifically identified
				  information be held confidential upon a showing by the applicant that such
				  information constitutes a trade secret. Prior to divulging any such
				  information, the Power Authority shall notify the applicant of its
				  determination of whether or not it will hold the information
				  confidential.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 461 - Implementation Of The State Environmental Quality Review Act › Section 461.16 - List of exempt actions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Actions
				which are immediately necessary on an emergency basis for the protection or
				preservation of life, health, property or natural resources, including but not
				limited to water line or water storage breaks or leaks, contamination of water,
				threatened or actual dam failures, flooding and/or mechanical
				failures.
(b) Approval and
				execution of grants or contracts for minor reconstruction or rehabilitation,
				maintenance or repair of existing energy facilities or structures not involving
				an expansion of the facility or structure.
(c) Approval and execution of grants or
				contracts for the purchase of equipment and materials which will be used to
				rehabilitate, maintain or repair existing energy facilities or
				structures.
(d) All maintenance and
				repair activities involving no change in existing facilities and
				structures.
(e) All ministerial
				acts, including but not limited to:
(1)
				actions 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 act. Such law or regulatory requirements may involve, to a limited degree,
				a construction of their language or intent; [FN*]
(2) any act, decision or commitment required
				to be made pursuant to SEQRA contractual agreements made prior to the effective
				date of SEQRA; and
(3) all
				enforcement actions and judicial and administrative proceedings commenced by or
				on behalf of the Power Authority against third parties to enforce compliance by
				such third party with any provision of any contract, law, rule or ordinance, by
				which such third party is bound.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 461 - Implementation Of The State Environmental Quality Review Act › Section 461.18 - Criteria for determination of significance

Current through Register Vol. 46, No. 28, July 10, 2024
In order to determine whether a proposed Type I or unlisted
				  action may have a significant effect on the environment, the impacts which may
				  be reasonably expected to result from the proposed action must be compared
				  against the criteria in this section, whether or not an EAF has been prepared.
				  The following list is not exhaustive; however, these criteria are considered
				  indicators of significant effects on the environment:
(a) a substantial adverse change in existing
				air quality, water quality or noise levels; a substantial increase in solid
				waste production; a substantial increase in potential for erosion, flooding or
				drainage problems;
(b) the removal
				or destruction of large quantities of vegetation or fauna; substantial
				interference with the movement of any resident or migratory fish or wildlife
				species; impacts on a significant habitat area; or substantial adverse effects
				on a threatened or endangered species of animal or plant, or the habitat of
				such a species;
(c) the encouraging
				or attracting of a large number of people to a place or places for more than a
				few days, compared to the number of people who would come to such place absent
				the action;
(d) the creation of a
				material conflict with a community's existing plans or goals as officially
				approved or adopted;
(e) the
				impairment of the character or quality of important historical, archeological,
				architectural or aesthetic resources or of existing community or neighborhood
				character;
(f) a major change in
				the use of either the quantity or type of energy;
(g) the creation of a hazard to human health
				or safety;
(h) a substantial change
				in the use, or intensity of use, of land or other natural resources or in their
				capacity to support existing uses;
(i) the creation of a material demand for
				other actions which would result in one of the above consequences;
(j) changes in two or more elements of the
				environment, no one of which has a significant effect on the environment, but
				which when taken together result in a substantial adverse impact on the
				environment; or
(k) two or more
				related actions undertaken, funded or approved by an agency, no one of which
				has or would have a significant effect on the environment, but which
				cumulatively meet one or more of the criteria in this section.
(1) For the purpose of determining whether an
				action will cause one of the foregoing consequences, the action shall be deemed
				to include other simultaneous or subsequent actions which are:
(i) included in any long-range plan of which
				the action under consideration is a part;
(ii) likely to be undertaken as a result
				thereof; or
(iii) dependent
				thereon.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 462 - Personal Privacy Protection Law › Section 462.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Power Authority
				means the Power Authority of the State of New York, also known as the New York
				Power Authority.
(b) Committee
				means the Committee on Open Government as constituted pursuant to subdivision 1
				of section
				89 of the
				Public Officers Law.
(c) Data
				subject means any individual about whom personal information has been collected
				by the Power Authority.
(d)
				Disclose means to reveal, release, transfer, disseminate or otherwise
				communicate personal information or records orally, in writing or by electronic
				or any other means other than to the data subject.
(e) Personal information means any
				information concerning a data subject which, because of name, number, symbol,
				mark or other identifier, can be used to identify that data subject.
(f) Record means any item, collection or
				grouping of personal information about a data subject which is maintained and
				is retrievable by use of the name or other identifier of the data subject. The
				term record shall not include personal information which is not used to make
				any determination about the data subject if it is:
(1) a telephone book or directory which is
				used exclusively for telephone and directory information;
(2) any card catalog, book or other resource
				material in any library;
(3) any
				compilation of information containing names and addresses only which is used
				exclusively for the purpose of mailing Power Authority information;
(4) personal information required by law to
				be maintained, and required by law to be used, only for statistical research or
				reporting purposes;
(5) information
				requested by the Power Authority which is necessary for the Power Authority to
				answer unsolicited requests by the data subject for information; or
(6) correspondence files.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 462 - Personal Privacy Protection Law › Section 462.2 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) These
				regulations provide procedures for implementation by the Power Authority of the
				provisions of the Personal Privacy Protection Law relating to requests for
				records or personal information by data subjects. (Article 6-A of the Public
				Officers Law.)
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 462 - Personal Privacy Protection Law › Section 462.4 - Proof of identity

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When
				records or personal information are made available in person following an oral
				or written request from a data subject who is an authority employee, or
				following a written request from a data subject who is other than an authority
				employee, the Power Authority may require appropriate identification, such as a
				driver's license, an identifier assigned to the data subject by the Power
				Authority, a photograph or similar information that confirms that the record or
				personal information sought pertains to the data subject.
(b) When a request is made by mail, the Power
				Authority may require verification of a signature or inclusion of an identifier
				generally known only by a data subject, or similar appropriate identification
				that confirms that the record or personal information sought pertains to the
				data subject.
(c) Proof of identity
				shall not be required regarding a request for a record or personal information
				accessible to the public pursuant to article 6 of the Public Officers
				Law.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 462 - Personal Privacy Protection Law › Section 462.5 - Location

Current through Register Vol. 46, No. 28, July 10, 2024
Records or personal information shall be made available for
				  review at the office of the Power Authority located at 123 Main Street, White
				  Plains, NY 10601, or in the discretion of the authority, at the various
				  facilities maintained by the Power Authority. The various facilities
				  include:
Albany Office
30 South Pearl Street
10th Floor
Albany, NY 12207
Blenheim-Gilboa Pumped Storage Project
Valenti Road
Gilboa, NY 12076
Frederick R. Clark Energy Control Center
Glass Factory Road
Marcy, NY 13403
Niagara Power Project
5777 Lewiston Road
Lewiston, NY 14092
Charles Poletti Power Project
31st Street and 20th Avenue
Astoria, NY 11105
St. Lawrence - Franklin D. Roosevelt Power Project
Robert Moses Power Dam
Massena, NY 13662
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 462 - Personal Privacy Protection Law › Section 462.7 - Requests for records and personal information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All requests shall be made in writing,
				except that the authority may make records or personal information available to
				a data subject who is an authority employee upon an oral request made in person
				after the employee has demonstrated proof of identity.
(b) A request shall reasonably describe the
				records and personal information sought. Whenever possible the data subject
				should supply identifying information that assists the Power Authority in
				locating the records or personal information sought.
(c) Within five business days of the receipt
				of a request, the Power Authority shall provide access to the record or
				personal information, deny access in writing explaining the reasons therefor or
				acknowledge the receipt of the request in writing, stating the approximate date
				when the request will be granted or denied, which date shall not exceed 30 days
				from the date of the acknowledgment.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 462 - Personal Privacy Protection Law › Section 462.8 - Amendment of records and personal information

Current through Register Vol. 46, No. 28, July 10, 2024
Within 30 business days of a request from the data subject
				  for correction or amendment of a record or personal information that is
				  reasonably described and that pertains to the data subject, the Power Authority
				  shall:
(a) make the amendment or
				correction in whole or in part and inform the data subject 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;
				or
(b) inform the data subject in
				writing of the denial of the request to correct or amend the record or personal
				information, including the reasons therefor.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 462 - Personal Privacy Protection Law › Section 462.9 - Correction of a record or personal information or denial of request for a record or amendment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Denial
				of a request for records or personal information or amendment or correction of
				a record or personal information:
(1) shall
				be in writing, explaining the reasons therefor; and
(2) shall identify the person to whom an
				appeal may be directed.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 462 - Personal Privacy Protection Law › Section 462.10 - Appeal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any data
				subject denied access to a record or personal information or denied a request
				to amend or correct a record or personal information may, within 30 days of
				such denial, appeal in writing to the person designated in section
				462.9(c) of this
				Part.
(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 personal information or amendment or correction of a record or
				personal information;
(2) the
				record or personal information that is the subject of the appeal; and
(3) the name and return address of the
				appellant.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 462 - Personal Privacy Protection Law › Section 462.11 - Statement of disagreement by data subject

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 data subject of
				the right to:
(1) file with the Power
				Authority a statement of reasonable length setting forth the data subject'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
				or personal information has been or is disclosed.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 462 - Personal Privacy Protection Law › Section 462.12 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Copies of
				records or personal information shall be provided:
(1) at a rate of 25 cents per page of up to 9
				x 14 inches; or
(2) upon payment of
				the actual cost of reproduction, if the record or personal information cannot
				be photocopied.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 462 - Personal Privacy Protection Law › Section 462.13 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of these regulations 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 these regulations or the application thereof to
				  other persons and circumstances.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 463 - Prompt Payment Policy › Section 463.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
This statement is intended to establish rules and regulations
				  as required under section
				  2880 of
				  the Public Authorities Law describing the prompt payment policy of the Power
				  Authority of the State of New York (the authority). Subject to the conditions
				  and exceptions set forth in section
				  2880 of
				  the Public Authorities Law and herein, in the event any proper invoice is not
				  paid promptly the authority shall be liable for the payment of interest on late
				  payments. This policy shall apply to all contracts entered into on or after
				  April 30, 1988.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 463 - Prompt Payment Policy › Section 463.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Contract means
				an enforceable agreement entered into between the authority and a
				contractor.
(b) Contractor means
				any person, partnership, private corporation or association:
(1) selling materials, equipment or supplies
				or leasing property or equipment to the authority;
(2) constructing, reconstructing,
				rehabilitating or repairing buildings, highways or other improvements for or on
				behalf of the authority; or
(3)
				rendering or providing services to the authority pursuant to a
				contract.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 463 - Prompt Payment Policy › Section 463.3 - Responsibility for prompt payment

Current through Register Vol. 46, No. 28, July 10, 2024
The controller shall have the responsibility for the
				  implementation of the prompt payment policy and the prompt payment of all
				  proper invoices under the general guidance and supervision of the Executive
				  Vice President, Finance and Administration.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 463 - Prompt Payment Policy › Section 463.4 - Prompt payment procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				contractor shall request payment under a contract by submitting a proper
				invoice to the authority at its designated payment office at the time and in
				the manner specified in the contract.
(b) The authority shall have 15 calendar days
				after receipt of an invoice at its designated payment office to notify the
				contractor of certain facts and conditions, including but not limited to those
				listed below, which, in the opinion of the controller, justify extension of the
				statutory payment period:
(1) there is a
				defect in the delivered goods, property or services;
(2) there is a defect in the
				invoice;
(3) there are suspected
				defects or improprieties of any kind, the existence of which prevent the
				commencement of the statutory payment period;
(4) prior to payment a statutory or
				contractual provision requires an inspection period or an audit to determine
				the resources applied or used by the contractor in fulfilling the contract
				terms;
(5) a proper invoice must be
				examined by the Federal government prior to payment;
(6) the authority is prevented from makng
				payment by reason of filing of a lien, attachment, other legal process or
				requirement of law.
Any time taken to satisfy or rectify any such facts or
				  conditions shall extend the date by which contract payment must be made in
				  order for the authority not to become liable for interest payments by an equal
				  period of time.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 463 - Prompt Payment Policy › Section 463.5 - Exceptions

Current through Register Vol. 46, No. 28, July 10, 2024
Payments are not eligible for interest when they are due and
				  owing by the authority:
(a) under the
				Eminent Domain Procedure Law;
(b)
				as interest allowed on a judgment by a court pursuant to any provision of law
				other than section
				2880 of
				the Public Authorities Law;
(c) to
				the Federal government; to any State agency or its instrumentalities; to any
				duly constituted unit of local government, including but not limited to
				counties, cities, towns, villages, school districts, or any of their related
				instrumentalities; to any other public authority or public benefit corporation;
				or to its employees when acting in, or incidental to, their public employment
				capacity;
(d) in situations where
				the authority exercises a legally authorized setoff against all or part of the
				payment due the contractor.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 500 - Procedure › Section 500.1 - Certification and transmittal of minutes

Current through Register Vol. 46, No. 28, July 10, 2024
Except as provided in section
				  500.2 of this Part, the secretary
				  of the authority or, in the absence or disability of the secretary, the general
				  counsel of the authority, shall, as soon as practical after each meeting of the
				  authority, certify a copy of the minutes of such meeting and transmit the same
				  to the Governor of the State of New York at the Executive Chamber in
				  Albany.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 500 - Procedure › Section 500.2 - When transmittal not required

Current through Register Vol. 46, No. 28, July 10, 2024
If all action taken at any meeting of the authority relates
				  solely to a particular matter or class of matters with respect to which the
				  Governor of the State of New York has, by order filed with the authority,
				  relieved the authority from the duty of procuring his approval in accordance
				  with section
				  1853 of
				  the Public Authorities Law, the minutes of such meeting need not be transmitted
				  to the Governor in accordance with section
				  500.1 of this Part unless the
				  authority shall otherwise direct.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 500 - Procedure › Section 500.3 - Approval of Governor required

Current through Register Vol. 46, No. 28, July 10, 2024
Except to the extent the Governor of the State of New York
				  has, by order filed with the authority, relieved the authority from the duty of
				  procuring his approval of any action upon a particular matter or class of
				  matters, no action taken at any meeting of the authority shall have force or
				  effect until the Governor shall have had an opportunity to approve or veto the
				  same in accordance with the provisions of section
				  1853 of
				  the Public Authorities Law.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 501 - Public Access To Records › Section 501.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Public
				understanding of the process of government decisionmaking is essential to a
				free and democratic society. That understanding is enhanced by providing
				maximum public access to the documents and data upon which government policy is
				made. Accordingly, the authority's policy with respect to requests for its
				records is that disclosure is the rule and withholding is the exception. All
				records not exempt from disclosure will be made available. Moreover, records
				which may be exempt from disclosure will be made available as a matter of
				discretion when disclosure is not prohibited by law, or is not harmful to the
				public interest.
(b) This Part
				provides information concerning the procedures by which records may be
				requested, reviewed and obtained.
(c) 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 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 501 - Public Access To Records › Section 501.2 - Designation of records access officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The president and chief executive officer
				of the authority is responsible for insuring compliance with the regulations
				herein, which apply to records maintained or submitted to the authority
				pursuant to its power and duties under its enabling act. The president and
				chief executive officer shall designate an authority employee to serve as
				records access officer. Communications to the records access officer should be
				directed to:
Records Access Officer
NYS Energy Research and Development Authority
17 Columbia Circle
Albany, NY 12203-6399
(b) The records access officer is responsible
				for insuring appropriate agency response to public requests for access to
				records. The designation of the records access officer shall not be construed
				to prohibit officials who have been authorized in the past to make records or
				information available to the public from continuing to do so. The records
				access officer shall insure 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:
(i) make records
				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
				501.8 of this Part; or
(ii) permit the requester to copy the
				records;
(5) upon
				request, certify that a record is a true copy; and
(6) upon failure to locate records, certify
				that after diligent search:
(i) the records
				are not in the possession of the authority; or
(ii) the records of which the authority is a
				custodian cannot be found.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 501 - Public Access To Records › Section 501.3 - Location

Current through Register Vol. 46, No. 28, July 10, 2024
Records maintained at the Albany office shall be available
				  for public inspection and copying at:
17 Columbia Circle
Albany, New York;
and records maintained at the West Valley office shall be
				  available for public inspection and copying at:
9030 Route 219
West Valley, New York 14171
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 501 - Public Access To Records › Section 501.4 - 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 produced during all hours the authority is regularly open for business.
				  These hours are: 8:30 a.m.-5:00 p.m.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 501 - Public Access To Records › Section 501.5 - Requests for public access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any written request for records covered
				by this Part shall be deemed to be a request for records pursuant to the
				Freedom of Information Law, whether or not the Freedom of Information Law is
				mentioned in the request. An oral request for records will not be considered a
				request for records pursuant to the Freedom of Information Law. Responses to
				oral requests for records shall be made as promptly as resources and time
				restraints permit.
(b) The
				authority shall respond to a written request which reasonably describes the
				records sought within five business days of receipt of the request. If the
				authority fails so to do, the request may be construed as denied and may be
				appealed.
(c) The response set
				forth in subdivision (b) of this section shall offer or deny access, in whole
				or in part, to the records sought, or shall acknowledge receipt of the written
				request and set forth the approximate date upon which the request will be
				granted or denied. The response may set forth a request on the part of the
				authority to confer with the requester to review the request to determine which
				records will satisfy the objectives and needs of the requester; provided,
				however, that the failure on the part of the requester to confer with the
				authority or the failure of the authority to produce records described in the
				written request for records shall not preclude an appeal by the requester based
				upon a denial of access.
(d) If
				access to records is neither granted nor denied within five business days
				following the receipt of a request, the authority shall acknowledge the receipt
				of the request in writing and include a written statement of the approximate
				date when such request will be granted or denied, in which case, if access to
				records is neither granted or denied within 10 business after the time set
				forth in such statement, the request may be considered as denied. The authority
				may extend the time for providing access to records beyond five business days
				of the receipt of a request when it is necessary to:
(1) search for and collect the requested
				records from facilities or other establishments that are separate from the
				authority;
(2) search for, collect
				and appropriately examine a voluminous amount of records which are demanded in
				a single request; or
(3) consult,
				which shall be conducted with all practicable speed, with another person having
				a substantial interest in the determination of the request, or among two or
				more components of the authority having substantial subject matter interest
				therein.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 501 - Public Access To Records › Section 501.7 - Subject matter list

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The records
				access officer shall maintain a reasonably detailed current list, by subject
				matter, of all records in the possession of the authority, whether or not such
				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
				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 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 501 - Public Access To Records › Section 501.8 - 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, advising
				the requester of the right to appeal to the individual designated to hear
				appeals, and stating that an appeal must be taken within 30 days of receipt of
				the denial.
(b) If requested
				records are not provided within the time required in section
				501.5 of this Part, such failure
				shall also be deemed a denial of access.
(c) The following person shall hear appeals
				from denial of access to records under the Freedom of Information Law:
President and Chief Executive Officer
New York State Energy Research and Development
				  Authority
17 Columbia Circle
Albany, NY 12203-6399
(518) 862-1090
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 501 - Public Access To Records › Section 501.9 - 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;
				or
(3) any certification pursuant
				to this Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 501 - Public Access To Records › Section 501.10 - Public notice

Current through Register Vol. 46, No. 28, July 10, 2024
A notice containing the title, business address and business
				  telephone number of the records access officer and appeals person, and the
				  location where records can be seen or copied, shall be posted in a conspicuous
				  location wherever records are kept.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 502 - Reports By Generators Of Low-level Radioactive Waste › Section 502.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
Chapter 673 of the Laws of 1986, the Low-Level Radioactive
				  Waste Management Act, provides that the New York State Energy Research and
				  Development Authority has responsibility for the construction and operation by
				  1993 of facilities in New York for permanent disposal of low-level radioactive
				  waste generated within New York. The act establishes the Commission for Siting
				  Low-Level Radioactive Waste Disposal Facilities and empowers the commission to
				  make site and disposal method selections, sufficient to accommodate low-level
				  radioactive waste generated in New York over at least 30 years. The act also
				  provides related responsibilities for the New York State Department of
				  Environmental Conservation (DEC) and New York State Department of Health (DOH).
				  The act provides that the authority shall establish by regulation and collect
				  rates, charges, and other fees upon the disposal of low-level radioactive waste
				  sufficient to recover from generators costs of the State associated with
				  low-level radioactive waste management facilities, and authorizes the authority
				  to establish terms and conditions for receipt, acceptance, and disposal of
				  low-level radioactive waste at the permanent disposal facilities. The act
				  requires the authority to submit annually to the Governor and the Legislature a
				  report summarizing low-level radioactive waste generated within New York during
				  the previous calendar year. In addition, the act requires each generator of
				  low-level radioactive waste within New York to submit to the authority no less
				  frequently than annually a report detailing low-level radioactive waste
				  generated, stored for decay or later transfer, or transferred by the generator.
				  The purpose of these rules is to set forth the requirements for reports to be
				  submitted by generators to the authority. The purpose of the reporting
				  requirements is to assist the authority in constructing low- level radioactive
				  waste management facilities, establishing rates, charges, and other fees for
				  disposal of low-level radioactive waste, and terms and conditions for its
				  receipt, acceptance, and disposal at permanent disposal facilities, and
				  preparing the reports to be submitted annually by the authority to the Governor
				  and the Legislature. In addition, the reports are intended to provide
				  information useful to the DEC, the Commission for Siting Low-Level Radioactive
				  Waste Disposal Facilities, and the Advisory Committee on Permanent Disposal
				  Facilities Siting and Disposal Method Selection in meeting their
				  responsibilities under the act.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 502 - Reports By Generators Of Low-level Radioactive Waste › Section 502.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Part:
(a) Act means the Low-Level Radioactive Waste
				Management Act (ch. 673, L. 1986).
(b) Authority means the New York State Energy
				Research and Development Authority, and any successor thereto.
(c) Class means the classes of low-level
				radioactive waste, Class A, Class B, and Class C, as described in sections
				61.55 and 61.56 of title 10, Code of Federal Regulations, as in effect on
				January 26, 1983.
(d) Director
				means the Program Director, Energy Analysis, or his designee, New York State
				Energy Research and Development Authority, 17 Columbia Circle, Albany, NY
				12203-6399.
(e) Generate means to
				produce or cause the production of, or to engage in an activity which otherwise
				results in the creation or increase in the volume or activity, of low-level
				radioactive waste.
(f) Generator
				means a person who by his actions within New York, or through the actions
				within New York of any agent, employee, or independent contractor, generates
				low-level radioactive waste. For purposes of this Part, a person who only
				provides a service by arranging for the collection, transportation, treatment,
				storage, or disposal of low-level radioactive waste generated by others within
				or outside of New York is a generator only if and to the extent that such
				person himself generates low-level radioactive waste as a result of such
				activities. In such event, such person shall submit a report, pursuant to
				section 502.3 of this Part, only for the
				low-level radioactive waste such person himself generates.
(g) Licensed LLRW disposal facility means any
				of the three existing commercial disposal facilities at Barnwell, South
				Carolina, Richland, State of Washington, and Clive, Utah.
(h) Low-level radioactive waste and LLRW mean
				radioactive waste:
(1)
(i) that is not high-level radioactive waste,
				transuranic waste, spent nuclear fuel, or the tailings or wastes produced by
				the extraction or concentration of uranium or thorium from any ore processed
				primarily for its source material content; and
(ii) which consists of or contains Class A,
				B, or C radioactive waste as described in sections 61.55 and 61.56 of title 10,
				Code of Federal Regulations, as in effect on January 26, 1983;
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 502 - Reports By Generators Of Low-level Radioactive Waste › Section 502.4 - Registry and forms

Current through Register Vol. 46, No. 28, July 10, 2024
Commencing September 1, 1987, the director shall maintain and
				  update annually a registry of generators which have submitted reports for the
				  preceding calendar year. Commencing November 1, 1987 and by January 15th of
				  each year thereafter, the director shall forward instructions for obtaining
				  reporting forms to each generator listed on the most recent registry, at the
				  address indicated on the registry. The foregoing notwithstanding, each
				  generator, including new generators, shall be responsible for obtaining blank
				  reporting forms from the director.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 502 - Reports By Generators Of Low-level Radioactive Waste › Section 502.5 - Trade secrets

Current through Register Vol. 46, No. 28, July 10, 2024
In the event a generator submitting a report required by
				  section 502.3 of this Part makes a request
				  pursuant to section
				  89
				  (5) of the Public Officers Law that
				  information in the report be excepted from disclosure, the generator shall
				  clearly identify that specific information in the report for which the request
				  is made by labeling that specific information as "trade secret" or "proprietary
				  data." Pending a final determination of the request pursuant to section
				  89
				  (5) of the Public Officers Law, the director
				  shall maintain the report or relevant portion thereof in a separate and secure
				  file, and shall deny access to the report or relevant portion thereof to all
				  persons other than employees of the authority who require access in order to
				  use the report or relevant portion thereof to carry out responsibilities under
				  the act. Nothing contained in this section shall prohibit the authority from
				  using or disclosing information which is the subject of the request, without
				  detail which identifies the generator, for the purpose of carrying out its
				  responsibilities under the act or enabling other State governmental entities to
				  carry out their responsibilities under the act.