N.Y. Comp. Codes R. & Regs. tit. 17 § 15.3
Current through Register Vol. 46, No. 45, November 2, 2024
Section 15.3 - General rules(a) All direct actions, funding and permit-issuing of the department shall be fully subject to this Part and the procedures contained in this Part shall be followed, except for:(4) actions which are a part of, and in compliance with, a program for which a determination of no significant effect, an FEIS or Federal FEIS has been prepared.(b) An FEIS or Federal FEIS is required for all actions, where such action may have a significant effect on the environment and where such direct action, or funding or permitting of such action by the department, is subject to this Part pursuant to subdivision (a) of this section.(c) With respect to any action for which an FEIS is required or which is the subject of a Federal FEIS, the department shall not:(1) commit itself to directly undertake the action;(2) enter into any binding agreement or contract to provide funding for the action; or(3) grant or commit itself to grant a permit for the action, until the department has prepared the record of decision as is required by section 15.9 of this Part.(d) Where funding or permitting by the department is subject to this Part, the department shall not enter into any binding agreement or contract to provide funding, nor grant or commit itself to grant such permit, whether or not the action is the subject of an FEIS or Federal FEIS, until all requisite fees and costs have been paid.(e) With respect to capital projects, many of the parts of such projects, if independently carried out, would be considered actions. The entire set of activities constituting the project will be considered the action for the purposes of this Part. If an environmental impact statement is determined to be necessary for such project, the DEIS and FEIS will cover the entire set of activities constituting the project.N.Y. Comp. Codes R. & Regs. Tit. 17 § 15.3