N.Y. Comp. Codes R. & Regs. tit. 21 § 4300.9

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

Section 4300.9 - Decision-making findings

(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.

(b) The decision-making findings shall be made in a separate statement, and the issuer shall file a copy of its findings in the same manner as the draft EIS is filed pursuant to section 4300.6(d) of this Part. The issuer shall maintain a complete file of such written findings which shall be open to the public at its principal office.

(c) When the issuer is the lead agency, its decision whether or not to carry out an action which has been the subject of a final EIS shall be made within 30 calendar days of the filing of a final EIS.

(d) At the option of the issuer, no final decision to approve or disapprove an action that may have a significant effect on the environment and which involves an applicant shall be made until all required fees have been paid by the applicant to the issuer.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 4300.9