N.Y. Comp. Codes R. & Regs. tit. 21 § 4050.5

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

Section 4050.5 - Procedures prior to draft EIS preparation

(a) Actions involving applicant. Within 15 calendar days after the submission of a complete application and environmental assessment by an applicant, the issuer shall determine whether the proposed action is an action subject to this Part pursuant to section 4050.3 of this Part and, if subject to this Part, whether the proposed action may or will not have a significant effect upon the environment. Written notification of the issuer's determination will be given to the applicant.

(b) Issuer actions. As early as possible in the formation of a proposal for an action to be undertaken by the issuer, the issuer shall ascertain whether the proposed action is subject to this Part pursuant to section 4050.3 of this Part and, if subject to this Part, whether the proposed action may or will not have a significant effect upon the environment.

(c) Negative declaration. If the issuer determines that a proposed action:

(1) is subject to this Part pursuant to section 4050.3 of this Part; and

(2) will not have a significant effect on the environment;

the issuer shall prepare, circulate, file and make available for public inspection a negative declaration as provided in subdivisions (f) and (g) of this section. In addition, the issuer shall prepare, file and make available for public inspection in its principal office a statement setting forth the reasons supporting its determination. Upon such filing and circulation of the negative declaration, the issuer shall have no further obligation with respect to this Part and may undertake such action.

(d) Determination of significant effect. If the issuer determines that a proposed action:

(1) is subject to this Part pursuant to section 4050.3 of this Part;

(2) may have a significant effect on the environment; and

(3) does not involve other agencies;

the issuer shall immediately prepare, circulate; file and make available for public inspection a notice of such determination as provided in subdivisions (f) and (g) of this section and, in the case of an action involving an applicant, shall immediately and in writing request the applicant to prepare a draft EIS on the proposed action. As soon as possible thereafter, the applicant shall notify the issuer in writing whether it will prepare the draft EIS or whether it wishes the issuer to prepare it. The issuer may prepare or cause to be prepared a draft EIS for an action involving an applicant only when practicable considering existing staff and resources and when the public interest will thereby be served, but in no event shall the issuer commence or cause to be commenced the preparation of such draft EIS until the applicant shall have submitted a completed environmental impact report which analyzes in detail all factors required to be considered in an EIS by the act and by 6 NYCRR Part 617. The applicant shall, on request of the issuer, submit such other information as may be necessary for full compliance with this Part. In addition, the issuer may require an applicant to prepare a supplemental environmental impact report which responds in detail to any and all comments received by the issuer with respect to a draft EIS or at any hearing held on the proposed action involving the applicant.

(e) Actions involving more than one agency. If the issuer determines that a proposed action:

(1) is subject to this Part pursuant to section 4050.3 of this Part;

(2) may have a significant effect on the environment; and

(3) involves more than one agency;

the issuer shall immediately prepare, circulate, file, and make available for public inspection a notice of such determination as provided in subdivisions (f) and (g) of this section and shall immediately notify such other involved agencies, including Federal agencies, of such determination, request the coordination of reviews by the agencies, and initiate steps to determine the lead agency in accordance with 6 NYCRR 617.4. If it is determined that the issuer is the lead agency, the issuer shall follow the procedures set forth in subdivision (d) of this section. If it is determined that the issuer is not the lead agency, the issuer shall have no further obligation with respect to this Part except to provide its views where appropriate and, to the extent practicable, provide appropriate technical analysis and support and to make the written "decision-making" findings required by section 4050.9 of this Part, after the filing of and final EIS for the proposed action by another agency. Upon making said decision-making findings in accordance with section 4050.9 of this Part, the issuer may undertake such action.

(f) Contents of negative declarations and notices of determinations. All negative declarations and notices of determinations shall contain the following:

(1) an action identifying number or name;

(2) a brief description of the proposed action;

(3) the general location of the proposed action;

(4) in the case of a negative declaration, a statement that the issuer has determined that the proposed action will not have a significant effect on the environment; and

(5) in the case of a notice of determination, a brief description of the possible significant effects of the proposed action.

(g) Filing negative declarations and notices of determinations. All negative declarations and notices of determination shall be circulated, filed and made available for public inspection as follows:

(1) with the Commissioner of Environmental Conservation;

(2) with the appropriate regional office or offices of the Department of Environmental Conservation;

(3) with the Genesee County clerk; and

(4) in the principal office of the issuer.

In addition, the issuer shall give public notice of the filing of such determination by maintaining the up-to-date files required by subdivision (h) of this section and shall further cause a copy of such notice to be posted on a signboard maintained by the issuer, which notice shall state that the issuer will review all comments on such determination received in writing within 10 days of the posting and filing of such notice at the principal office of the issuer.

(h) The issuer shall maintain files open to public inspection at its principal office of all negative declarations and notices of determinations prepared pursuant to this section.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 4050.5