|
[ Up ] [ APA Act ] [ APA Rules ] [ Forever Wild ] [ The Park ] [ SEQR ] [ Sign Law ] [ Wetlands ]
New York State Consolidated Laws
ENVIRONMENTAL CONSERVATION
Article 8
Environmental
Quality Review
(
NOTE: FOR GENERAL INFORMATIONAL PURPOSES ONLY !!! )
Section
8-0101 Purpose.
Section
8-0103 Legislative findings and declaration.
Section
8-0105 Definitions.
Section
8-0107 Agency implementation.
Section 8-0109 Preparation of environmental impact
statement.
Section 8-0111 Coordination of reporting; limitations; lead
agency.
Section 8-0113 Rules and regulations.
Section 8-0115 Severability.
Section 8-0117 Phased implementation.
[
Top of Page ]
Section
8-0101 Purpose.
It is the purpose of this act to declare a state policy
which will encourage productive and enjoyable harmony between man and his
environment; to promote efforts which will prevent or eliminate damage to the
environment and enhance human and community resources; and to enrich the
understanding of the ecological systems, natural, human and community resources
important to the people of the state.
[
Top of Page ]
Section
8-0103 Legislative findings and declaration.
The legislature finds and declares that:
1. The maintenance of a
quality environment for the people of this state that at all times is healthful
and pleasing to the senses
and intellect of man now and in the future is a matter of statewide
concern.
2. Every citizen has a
responsibility to contribute to the preservation and enhancement of the quality
of the environment.
3. There is a need to
understand the relationship between the maintenance
of high-quality ecological
systems and
the general welfare
of the people of
the state, including their enjoyment of the natural resources of the
state.
4. Enhancement of human and community resources depends on a quality
physical environment.
5. The capacity of the
environment is limited, and it is the intent of the legislature that the
government of the state take immediate steps to identify any critical thresholds
for the health and safety of the
people of the
state and take all
coordinated actions necessary to prevent such thresholds from being reached.
6. It is the intent of the
legislature that to the fullest extent possible the policies, statutes,
regulations, and ordinances of the state and its political subdivisions should
be interpreted and administered in accordance with the policies set forth in
this article. However, the
provisions of this article do not change the jurisdiction between or among state
agencies and public corporations.
7. It is the intent of the
legislature that the protection and enhancement of the environment, human and
community resources shall be given appropriate weight with social and economic
considerations in public policy. Social, economic, and environmental factors
shall be considered together in reaching decisions on proposed activities.
8. It is the intent of the
legislature that all agencies conduct their affairs with an awareness that they
are stewards of the air, water, land, and living resources, and that they have
an obligation to protect the environment for the use and enjoyment of this and
all future generations.
9. It is the intent of the
legislature that all agencies which regulate activities of individuals,
corporations, and public agencies which are found to affect the quality of the
environment shall regulate such activities so that due consideration is given to
preventing environmental damage.
[
Top of Page ]
Section
8-0105 Definitions.
Unless the context otherwise requires, the definitions in
this section shall govern the construction of the following terms as used in
this article: 1. "State
agency" means any state department, agency, board, public benefit
corporation, public authority or commission. 2.
"Local agency" means any local agency, board, district,
commission or governing body, including any city, county, and other political
subdivision of the state. 3. "Agency"
means any state or local agency. 4. "Actions"
include:
(i) projects or activities
directly undertaken
by any agency; or projects
or activities supported
in whole
or part through
contracts, grants,
subsidies, loans, or other forms of funding assistance from one or
more agencies;
or projects
or activities involving the issuance to a person of a lease, permit,
license, certificate or other entitlement for use or permission to
act by one or more agencies; (ii) policy, regulations, and procedure-making.
5.
"Actions" do not include:
(i) enforcement proceedings
or the exercise of prosecutorial discretion in
determining whether
or not
to institute such
proceedings; (ii) official acts
of a ministerial nature,
involving no exercise of discretion; (iii) maintenance or repair involving no
substantial changes in existing structure or facility.
6.
"Environment" means the physical conditions which will be
affected by a proposed action, including land, air, water, minerals, flora,
fauna, noise, objects of historic or aesthetic significance, existing patterns
of population concentration, distribution, or growth, and existing community or
neighborhood character.
7.
"Environmental impact statement" means a
detailed statement setting forth the matters specified in
section 8-0109 of
this article. It
includes any
comments on
a draft environmental
statement which are received pursuant
to section 8-0109
of this
article, and
the agency`s
response to such comments,
to the extent that
such comments
raise issues
not adequately resolved in the draft environmental statement.
8.
"Draft environmental
impact statement"
means a preliminary statement prepared pursuant to section 8-0109 of this
article.
[
Top of Page ]
Section
8-0107 Agency implementation.
All agencies shall review their present statutory
authority, administrative regulations, and current policies
and procedures for the
purpose of determining whether there are any deficiencies or inconsistencies
therein which prohibit full compliance with
the purposes and provisions of this
article, and shall recommend or effect such measures
as may be necessary to
bring their authority and policies
into conformity with the intent, purposes, and procedures set forth in this
article. They shall carry out its
terms with minimum procedural and administrative delay, shall avoid unnecessary
duplication of
reporting and
review requirements by providing, where feasible, for combined or
consolidated proceedings, and shall expedite all proceedings hereunder in the
interests of prompt review.
[
Top of Page ]
Section
8-0109 Preparation of environmental impact statement.
1.
Agencies shall use all practicable means to realize the policies and goals set
forth in this article, and shall act and choose alternatives which, consistent
with social, economic and other essential considerations, to the maximum extent
practicable, minimize or avoid adverse environmental effects,
including effects revealed in the environmental impact statement process.
2. All agencies (or applicant as hereinafter provided) shall prepare, or
cause to be prepared by contract or otherwise
an environmental impact statement on any action they propose or approve
which may have a significant effect on the environment.
Such a statement shall include a detailed statement setting forth the
following: (a) a description of the proposed action and its environmental setting; b) the environmental
impact of the proposed action including short-term and long-term effects; (c)
any adverse environmental effects which cannot be avoided should the proposal be
implemented; (d) alternatives to the proposed action; (e) any
irreversible and irretrievable
commitments of resources which would be involved in the proposed action
should it be implemented; (f) mitigation measures proposed to minimize the
environmental impact; (g) the growth-inducing aspects of the proposed action,
where applicable and significant; (h) effects
of the proposed
action on the use and conservation of energy resources, where applicable and
significant, provided that in the case of
an electric generating facility, the statement shall include a
demonstration that the facility will satisfy electric generating capacity needs
or other electric systems needs in a manner reasonably consistent with the most
recent state energy plan; (i) effects of
proposed action
on solid
waste management where applicable and significant; and (i) effects of any
proposed action on, and its consistency with, the comprehensive management plan
of the special groundwater protection area program, as implemented by the
commissioner pursuant to
article fifty-five of this chapter; and (j) such
other information consistent with
the purposes of this article as may be prescribed in guidelines issued
by the
commissioner pursuant to section 8-0113 of this chapter.
Such a statement shall also
include copies or a summary of the substantive comments received by the agency
pursuant to subdivision four of this section, and the agency response to such
comments. The purpose of an
environmental impact statement is to provide detailed information about the
effect which a proposed action is likely to have on the environment, to list
ways in which any adverse effects of such an action might be minimized, and to
suggest alternatives to such an action so as to form the basis for a decision
whether or not to undertake or approve such action. Such statement should be
clearly written in a concise manner capable of being read and understood by the
public, should deal with the specific significant environmental impacts which
can be reasonably anticipated and should not contain more detail than is
appropriate considering the nature and magnitude of the proposed action and the
significance of its potential impacts.
3. An agency may require an
applicant to submit an environmental report to assist the agency in carrying out
its responsibilities, including the initial determination and, (where the
applicant does not prepare the environmental impact statement), the preparation
of an environmental impact statement under this article. The agency may request such other information from an
applicant necessary for the review of environmental impacts. Notwithstanding any use of outside resources or work,
agencies shall make their own independent judgment of the scope, contents and
adequacy of an environmental impact statement.
4.
As early as possible in the formulation of a proposal for an action, the
responsible agency shall make an initial determination whether an environmental
impact statement need be prepared for the action.
When an action is to be carried out or approved by two or more agencies,
such determination shall be made as early as possible after the designation of
the lead agency.
With
respect to actions involving the issuance to an applicant of a permit or other
entitlement, the agency shall notify the applicant in writing of its initial
determination specifying therein the basis for such determination. Notice of the
initial determination along with appropriate supporting findings on agency
actions shall be kept on file in the main office of the agency for public
inspection.
If
the agency determines that such statement is required, the agency or the
applicant at its option shall prepare or cause to be prepared a draft
environmental impact statement. If the applicant does not exercise the option to
prepare such statement, the agency shall prepare it, cause it to be prepared, or
terminate its review of the proposed action. Such statement shall describe the
proposed action and reasonable alternatives to the action, and briefly discuss,
on the basis of information then available, the remaining items required to be
submitted by subdivision two of this section. The purpose of a draft
environmental statement is to relate environmental considerations to the
inception of the planning process, to inform the public and other public
agencies as early as possible about proposed actions that may significantly
affect the quality of the environment, and to solicit comments which will assist
the agency in the decision making process in determining the environmental
consequences of the proposed action. The
draft statement should resemble in form and content the environmental impact
statement to be prepared after comments have been received and considered
pursuant to subdivision two of this section; however, the length and detail of
the draft environmental statement will necessarily reflect the preliminary
nature of the proposal and the early stage at which it is prepared.
For
any action for which the agency determines that such statement is not required
and which would take place in a special groundwater protection area, as defined
in section 55-0107 of this chapter, the agency shall show how such action would
or would not be consistent with the comprehensive management plan of the special
groundwater protection program, as implemented by the commissioner pursuant to
article fifty-five of this chapter.
The
draft statement shall be filed with the department or other designated agencies
and shall be circulated to federal, state, regional and local agencies having an
interest in the proposed action and to interested members of the public for
comment, as may be prescribed by the commissioner pursuant to section 8-0113.
5. After the filing of
a draft environmental impact statement the agency shall determine whether or not
to conduct a public hearing on the environmental impact of the proposed action.
If the agency determines to hold such a hearing, it shall commence the hearing
within sixty days of the filing and unless the proposed action is withdrawn from
consideration shall prepare the environmental impact statement within forty-five
days after the close of the hearing, except as otherwise provided. The need for
such a hearing shall be determined in accordance with procedures adopted by the
agency pursuant to section 8-0113 of this article.
If no hearing is held, the agency shall prepare and make available the
environmental impact statement within sixty days after the filing of the draft,
except as otherwise provided.
Notwithstanding
the specified time periods established by this article, an agency shall vary the
times so established herein for preparation, review and public hearings to
coordinate the environmental review process with other procedures relating to
review and approval of an action. An
application for a permit or authorization for an action upon which a draft
environmental impact statement is determined to be required shall not be
complete until such draft statement has been filed and accepted by the agency as
satisfactory with respect to scope, content and adequacy for purposes of
paragraph four of this section. Commencing upon such acceptance, the
environmental impact statement process shall run concurrently with other
procedures relating to the review and approval of the action so long as
reasonable time is provided for preparation, review and public hearings with
respect to the draft environmental impact statement.
6. To the extent as
may be prescribed by the commissioner pursuant to section 8-0113, the
environmental impact statement prepared pursuant to subdivision two of this
section together with the comments of public and federal agencies and members of
the public, shall be filed with the commissioner and made available to the
public prior to acting on the proposal which is the subject of the environmental
impact statement.
7.a. An agency may
charge a fee to an applicant in order to recover the costs incurred in preparing
or causing to be prepared or reviewing a draft
environmental impact statement or an environmental impact statement on
the action which the applicant requests from the agency; provided, however, that
an applicant may not be charged a separate fee for both the preparation and
review of such statements. The technical services of the department may be made
available on a fee basis reflecting the costs thereof, to a requesting agency,
which fee or fees may appropriately be charged by the agency to the applicant
under rules and regulations to be issued under section 8-0113.
b. Such rules and regulations shall require the applicant to reimburse
the conservation fund, as established pursuant to
subdivision (a) of section eighty-three
of the
state finance law, in order
to recover all costs incurred in preparing or causing to be
prepared or reviewing
a draft
environmental impact
statement or an environmental impact statement by
employees of
the department,
whose salary
and expenses are paid, in whole or in part, from the conservation fund.
8. When an agency
decides to carry out or approve an action which has been the subject of an
environmental impact statement, it shall make an explicit finding that the
requirements of this section have been met and that
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.
9. An environmental
impact statement shall be prepared for any action found to have a significant
impact on the special groundwater protection area, as defined in section 55-0107
of this chapter. Such statement shall meet the requirements of the most detailed
environmental impact statement required by this section or by any such rule or
regulation promulgated pursuant to this section.
[
Top of Page ]
Section
8-0111 Coordination of reporting; limitations; lead agency.
1.
State and federal reports coordinated. Where an agency as herein defined
directly or indirectly participates in the preparation of or prepares a
statement or submits material relating to a statement prepared pursuant to the
requirements of the National Environmental Policy Act of 1969, whether by itself
or by another person or firm, compliance with this article shall be coordinated
with and made in conjunction with federal requirements in a single environmental
reporting procedure.
2. Federal report. Where the agency does not participate, as
above defined, in the preparation of the federal environmental impact statement
or in preparation or submission of materials relating thereto, no further report
under this article is required and the federal environmental impact statement,
duly prepared, shall suffice for the purpose of this article.
3. State and local coordination.
Necessary compliance by state or local agencies with the requirements of
this article shall be coordinated in accordance with section 8-0107 and with
other requirements of law in the interests of expedited proceedings and prompt
review.
4. Effective date of coordinated reporting. The requirements
of this section with regard to coordinated preparation of federal and state
impact materials and reporting shall not apply to statements prepared and filed
prior to the effective date of this article.
5. Exclusions. The requirements of subdivision two of section
8-0109 of this article shall not apply to: (a) Actions undertaken or approved
prior to the effective date of this article, except: (i) In the case of an
action where it is still practicable either to modify the action in such a way
as to mitigate potentially adverse environmental effects or to choose a feasible
and less environmentally damaging alternative, in which case the commissioner
may, at the request of any person or on his own motion, in a particular case, or
generally in one or more classes of cases specified in rules and regulations,
require the preparation of an environmental impact statement pursuant to this
article; or (ii) In the case of an action where the responsible agency proposes
a modification of the action and the modification may result in a
significant adverse effect on the environment, in which case an
environmental impact statement shall be prepared with respect to such
modification. *(b) Actions subject to the provisions requiring a certificate of
environmental compatibility and public need in articles seven, eight and ten of
the public service law * NB Effective until January 1, 2003; or *(b) Actions
subject to the provisions requiring a certificate of environmental
compatibility and public need in articles seven and eight of the public service
law * NB Effective January 1, 2003; or (c)
Actions subject to the class A or class B regional project jurisdiction of the
Adirondack park agency or a local government pursuant to section eight hundred
seven, eight hundred eight or eight hundred nine of the executive law, except
class B regional projects subject to review by local government pursuant to
section eight hundred seven of the executive law located within the Lake George
park as defined by subdivision one of section 43-0103 of this chapter.
6.
Lead Agency. When an action is to be carried out or approved by two or more
agencies, the determination of whether the action may have a significant effect
on the environment shall be made by the lead agency having principal
responsibility for carrying out or approving such action and such agency shall
prepare, or cause to be prepared by contract or otherwise, the environmental
impact statement for the action if such a statement is required by this article.
In the event that there is a question as to which is the lead agency, any agency
may submit the question to the commissioner and the commissioner shall designate
the lead agency, giving due consideration to the capacity of such agency to
fulfill adequately the requirements of this article.
[
Top of Page ]
Section
8-0113 Rules and regulations.
1. After consultation with the other agencies subject to the provisions
of this article, including state agencies and representatives of local
governments and after conducting public hearings and review of any other
comments submitted, the commissioner shall adopt rules and regulations
implementing the provisions of this article within one hundred and twenty days
after the effective date of this section.
2. The rules and
regulations adopted by the commissioner specifically shall include:
(a) Definition of terms used
in this article;
(b) Criteria for determining
whether or not a proposed action may have a significant effect on the
environment, taking into account social and economic factors to be considered in
determining the significance of an environmental effect;
(c) Identification on the
basis of such criteria of: (i) Actions or classes of actions that are likely to
require preparation of environmental impact statements;(ii) Actions or classes
of actions which have been determined not to have a significant effect on the
environment and which do not require environmental impact statements under this
article. In adopting the rules and
regulations, the commissioner shall make a finding that each action or class of
actions identified does not have a significant effect on the environment;
(d) Typical associated environmental effects, and methods for assessing
such effects, of actions determined to be likely to require preparation of
environmental impact statements;
(e) Categorization of
actions which are or may be primarily of statewide, regional, or local concern,
with provisions for technical assistance including the preparation or review of
environmental impact statements, if requested, in connection with environmental
impact review by local agencies.
(f) Provision for the filing
and circulation of draft environmental impact statements pursuant to subdivision
four of section 8-0109, and environmental impact statements pursuant to
subdivision six of section 8-0109; (g)
Scope, content, filing and availability of findings required to be made pursuant
to subdivision eight of section 8-0109; (h)
Form and content of and level of detail required for an environmental impact
statement; and (i) Procedures for
obtaining comments on draft environmental impact statements, holding hearings,
providing public notice of agency decisions with respect to preparation of a
draft environmental statement; and for such other matters as may be needed to
assure effective participation by the public and efficient and expeditious
administration of the article. (j)
Procedure for providing applicants with estimates, when requested, of the costs
expected to be charged them pursuant to subdivision seven of section 8-0109 of
this article.
(k) Appeals procedure for
the settlement of disputed costs charged by state agencies to applicants
pursuant to subdivision seven of section 8-0109 of this article. Such appeal
procedure shall not interfere or cause delay in the determination of
environmental significance or prohibit an action from being undertaken.
(l) A model assessment form to be used during the initial review to
assist an agency in its responsibilities under this article.
3. Within the time
periods specified in section 8-0117 of this article the agencies subject to this
article shall, after public hearing, adopt and publish such additional
procedures as may be necessary for the implementation by them of this article
consistent with the rules and regulations adopted by the commissioner. (a)
Existing agency environmental procedures may be incorporated in and integrated
with the procedures adopted under this article, and variance in form alone shall
constitute no objection thereto. Such individual agency procedures shall be no
less protective of environmental values, public participation, and agency and
judicial review than the procedures herein mandated. (b) Such agency procedures
shall provide for interagency working relationships in cases where actions
typically involve more than one agency, liaison with the public, and such other
procedures as may be required to effect the efficient and expeditious
administration of this article.
4.
Coordination with agricultural districts program. The commissioner, in
consultation with the commissioner of agriculture and markets, shall amend the
regulations promulgated pursuant to the provisions of this section as necessary
and appropriate to assure the adequate consideration of impacts of public
acquisitions, or the advancement of public monies for non-farm development on
lands used in agricultural production and unique and irreplaceable agricultural
lands within agricultural districts in accordance with the provisions of
subdivision four of section three hundred five of the agriculture and markets
law.
[
Top of Page ]
Section
8-0115 Severability.
The provisions of this article shall be severable, and if any clause,
sentence, paragraph, subdivision or part of this article shall be adjudged by
any court of competent jurisdiction to be invalid, such judgment shall not
affect, impair or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, paragraph, subdivision or part thereof
directly involved in the controversy in which such judgment shall have been
rendered.
[
Top of Page ]
Section
8-0117 Phased implementation.
1.
With respect to the actions directly undertaken by any state agency, the
requirement of an environmental impact statement pursuant to subdivision two of
section 8-0109 of this article shall take effect on the first day of September,
nineteen hundred seventy-six.
2. With respect
to actions or classes of actions identified by the department as likely to
require preparation of environmental impact statements pursuant to subparagraph
(i) of paragraph (c) of subdivision two of section 8-0113 of this article
directly undertaken by any local agency, whether or not such actions are
supported in whole or in part through contracts, grants, subsidies, loans, or
other forms of funding assistance from one or more state agency; and all other
actions or classes of actions identified by the department as likely to require
preparation of environmental impact statements pursuant to subparagraph (i) of
paragraph (c) of subdivision two of section 8-0113 of this article supported
in whole or in part through contracts, grants, subsidies, loans, or other
forms of funding assistance from one or more
state agency, the requirement of an
environmental impact statement pursuant to subdivision two of section 8-0109 of
this article shall take effect on the first day of June, nineteen hundred
seventy-seven.
3. With respect
to actions or classes of actions identified by the department as likely to
require preparation of environmental impact statements pursuant to subparagraph
(i) of paragraph (c) of subdivision two of section 8-0113 of this article
supported in whole or in part through contracts, grants, subsidies, loans, or
other forms of funding assistance from one or more local agency; and with
respect to actions or classes of actions identified by the department as likely
to require preparation of environmental impact statements pursuant to
subparagraph (i) of paragraph (c) of
subdivision two of section 8-0113 of this article involving
the issuance to a person of
a lease, permit, certificate or
other entitlement for use or permission to act by one or more state or local
agency, the requirement of an environmental impact statement pursuant to
subdivision two of section 8-0109 of this article shall take effect on the first day of September, nineteen hundred seventy-seven.
4. With respect
to all other actions not included in subdivision two or three of this section
which are subject to this article, the requirement of an environmental impact
statement pursuant to subdivision two of section 8-0109 of this article shall
take effect on the first day of November, nineteen hundred seventy-eight.
5. Agencies
subject to this article shall adopt and publish the additional necessary
procedures described in subdivision three of section 8-0113 of this article, as
follows: (a) With respect to actions included within subdivision one of this
section, no later than August 1, 1976. (b) With respect to actions included
within subdivision two of this section, no later than April 1, 1977. (c) With
respect to actions included within subdivision three of this section, no later
than July 1, 1977. (d) With respect to actions included within subdivision four
of this section, no later than November 1, 1978.
Any
agency which has not adopted and published the additional necessary procedures
described in subdivisions two and three of section 8-0113 of this article
according to the dates set forth in this section shall utilize those procedures
found in Part 617 of title six (environmental conservation) of the official
compilation of the codes, rules and regulations of the state of New York for
purposes of implementing this article until such time as such agency has adopted
and published its own procedures.
[ Up ] [ APA Act ] [ APA Rules ] [ Forever Wild ] [ The Park ] [ SEQR ] [ Sign Law ] [ Wetlands ] [ Top of Page ]
|
