N.Y. Comp. Codes R. & Regs. tit. 21 § 2500.1

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

Section 2500.1 - Authority, purpose and policy

(a) The State Environmental Quality Review Act (SEQR) of 1975, article 8 of Environmental Conservation Law provides that all agencies 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. Section 8-0113, subdivisions (1) and (2) require that after consultation with other agencies subject to the provisions of article 8, including State agencies and representatives of local governments and after conducting public hearings and review of any other comments submitted, the Commissioner of Environmental Conservation shall adopt rules and regulations of Statewide applicability that implement the provisions of SEQR.

(b) Rules and regulations of Statewide applicability were adopted by the Commissioner of Environmental Conservation as Part 617 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York on March 19, 1976.

(c) This Part is adopted by the Jones Beach State Parkway Authority pursuant to subdivision (3) of section 8-0113 of article 8 of Environmental Conservation Law which requires agencies to adopt and publish such additional procedures as may be necessary for the implementation by them of SEQR, consistent with the Statewide rules and regulations (6 NYCRR Part 617) adopted by the Commissioner of Environmental Conservation pursuant to subdivision (1) of section 8-0113 of article 8 of the Environmental Conservation Law.

(d) Section 617.0 (6 NYCRR 617.0) sets out the procedure for agency rule making as follows:

Section "617.0 Agency rule making.

(a) All agencies shall, consistent with the provisions of article 8 of the Environmental Conservation Law, after public hearing, adopt and publish such additional procedures as may be necessary for the implementation by them of this Part. This may be accomplished by the use of uniform procedures, or adoption by reference of procedures applicable to other agencies.

(b) Individual agencies are encouraged to develop their own criteria consistent with section 617.9 of this Part and their own classification system whether or not in the form of section 617.12 of this Part to cover the particular actions engaged in, or reviewed by them. Such criteria and classification systems shall be no less protective of environmental values than this Part. Individual agencies are also encouraged to develop a classification of actions which are ministerial actions and criteria for determining when actions are or are not ministerial.

(c) The procedures prescribed under this Part shall, to the greatest extent practicable, be incorporated in and integrated with existing agency procedures and variance in form alone shall constitute no objection thereto. Such individual agency procedures, however, shall be no less protective of environmental values, public participation, and agency and judicial review than the procedures set forth in this Part.

(d) Upon written request of any person, the commissioner (of DEC) shall review and determine whether any action contained in an agency's own list or classification system similar to section 617.12 is consistent with the criteria of 617.9 and the actions listed in section 617.12 of this Part. The commissioner (of DEC) shall give written notification of the determination to such persons and the agency within 30 days of the receipt of a request.

(e) Such agency procedures shall provide for interagency working relationships in cases where actions typically involve more than one agency, liaison with the public, public notice requirements, provisions for public comment, and such other procedures as may be required to effect the efficient and expeditious administration of this Part. Procedures for administrative review of agency decisions may also be incorporated in agency rules.

(f) 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 or impeded full compliance with this Part. Agencies should examine time limits or schedule for actions, hearing procedures, public notice provisions, standards for agency action which limit or exclude environmental factors, provisions for environmental data gathering, provisions for public participation in the decision makng process, and procedures and methods of reviewing environmental impact. By January 1, 1977, agencies shall recommend or effect such measures as may be necessary to bring their authority and policies into conformity with this Part, including statutory changes, amendments to administrative regulations, new standard forms, revised instructions and procedural guidelines and improved personnel training.

(g) Each agency shall maintain a file open to public inspection containing a list of all environmental impact statements prepared or under preparation by or at the request of such agency."

(e) As suggested in 6 NYCRR 617.10(a), quoted in subdivision (d) of this section the Jones Beach State Parkway Authority has used 6 NYCRR Part 618 as a model for this Part.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 2500.1