N.Y. Comp. Codes R. & Regs. tit. 21 § 2500.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 2500.6 - Procedures prior to the preparation of draft EIS's; actions involving other agencies

(a) Environmental review of actions involving applicants. Within 15 calendar days after the receipt of a complete application from an applicant, the authority shall conduct an environmental review of the proposed action to determine whether the action may or will not have a significant effect on the environment, applying the criteria contained in 6 NYCRR 617.9 and considering the lists of Type I and II actions in 6 NYCRR Part 617 and those actions in section 2500.16 of this Part. The authority shall provide written notification to the applicant of its determination whether the action may or will not have a significant effect on the environment. This notification will contain a copy of the environmental document review notice prepared by the authority as a result of its review of this proposed action.

(b) Environmental review of actions to be carried out or undertaken by the authority. As early as possible in the formulation and design of an action to be carried out or undertaken directly by the authority, an environmental review will be made of the proposed action to determine whether the action may or will not have a significant effect on the environment. This review shall be conducted, applying the criteria contained in 6 NYCRR 617.9 and considering the lists of Type I and II actions in 6 NYCRR Part 617 and those actions in section 2500.16 of this Part. An environmental document review notice will be prepared to document the results of such analyses.

(c) Determination of no significant effect--negative declarations. If the authority determines that (1) the action is not an exempt action or a Type II action and that (2) the action will not have a significant effect on the environment, it shall prepare, circulate, file and make available for public inspection a negative declaration as provided in subdivisions (g) and (h) of this section. In addition, it shall prepare, file and make available for public inspection in the environmental management bureau and in the appropriate region of parks a statement setting forth the reasons supporting its determination together with a copy of the environmental document review notice prepared for the review of the action.

(d) Determination of significant effect--notice of determination. If the authority determines that (1) the action is not an exempt action or a Type II action, (2) that the action may have a significant effect on the environment and that (3) the action does not involve other agencies, the authority shall prepare, file and circulate a notice of determination as provided in subdivision (h) of this section, and, in the case of an action involving an applicant, shall immediately and in writing request the applicant to prepare a draft EIS. As soon as possible thereafter, the applicant shall notify the authority in writing who will prepare the draft EIS. In certain limited circumstances, the authority may cause to be prepared, the draft and final EIS's for an action involving an applicant only when the public interest will thereby be served and when practicable considering existing staff and resources. In such circumstances, the applicant shall provide, on the request of the authority, an acceptable environmental assessment to assist the authority in causing to be prepared the draft EIS. The applicant shall also supply such other information to the authority at any time as may be necessary for full compliance with this Part.

(e) If the authority determines that (1) the action is not an exempt action or a Type II action, (2) the action may have a significant effect on the environment and that (3) the action involves other agencies, the authority shall prepare and file a notice of determination as provided in subdivisions (g) and (h) of this section and shall at the same time notify such other involved agencies, including Federal agencies, of its determination, request the coordination of reviews by the agencies, and inform them of the need to resolve which agency shall be the lead agency. If it is determined that the authority is the lead agency, the procedures of subdivision (d) of this section relating to a request for a draft EIS and notification by the authority shall be followed.

(f) If the authority is not the lead agency for an action that may have a significant effect on the environment, it shall

(1) provide its views where appropriate and, to the extent practical, provide appropriate technical analysis and support; and

(2) make written findings pursuant to subdivision (b) of section 2500.12 of this Part.

(g) Contents of negative declarations and notices of determinations. All negative declarations and notices of determinations shall contain the following:

(1) an authority identifying number and such other identification as issued by agencies for SEQR actions;

(2) a brief description of action;

(3) the location of the action (county and city, town or village);

(4) in the case of a negative declaration, a statement that the authority has determined that the action will not have a significant effect on the environment;

(5) in the case of a notice of determination, a brief description of the possible significant effects of the action; and, a copy of the environmental document review notice prepared by the authority.

(h) Filing and circulating negative declarations and notices of determinations. All negative declarations and notices of determinations shall be filed and circulated as follows:

(1) with the Commissioner of Environmental Conservation;

(2) with other agencies involved in the action;

(3) the editor of the "SEQR" publication; and

(4) at the offices of the authority.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 2500.6