N.Y. Comp. Codes R. & Regs. tit. 21 § 4050.3

Current through Register Vol. 46, No. 51, December 18, 2024

Section 4050.3 - Applicability and general rule

(a) The provisions of this Part shall become effective as of the date(s) prescribed in section 8-0117 of the act. This Part does not apply to actions undertaken or approved by the issuer prior to the date(s) specified in section 8-0117 of the act; provided, however, that if after such date(s) specified in section 8-0117 of the act the issuer proposes to modify an action undertaken or approved prior to such date(s), which modification may have a significant adverse effect on the environment, such modification shall be an action fully subject to this Part.

(b) All actions of the issuer shall be fully subject to this Part and the procedures contained in this Part shall be followed except actions undertaken or approved prior to the effective date or dates of this Part, exempt acts, ministerial acts, Type II actions and actions which are a part of, and in compliance with, a broad program of the issuer which has been the subject of a single final EIS.

(c) No final decision to carry out or approve an action which may have a significant effect on the environment shall be made by the issuer until after the filing of a final EIS for such action and until the issuer has made the decision-making findings as are required in section 4050.9 of this Part and, in the case of an applicant, all requisite fees and costs have been paid by the applicant as provided in sections 4(f) and 10 of this Part.

(d) This Part does not apply to actions by private persons where no non-ministerial issuer action is involved. This Part is intended to cover only actions of the issuer or actions which must be approved, funded or otherwise acted upon by the issuer.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 4050.3