N.Y. Comp. Codes R. & Regs. tit. 6 § 618.1

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

Section 618.1 - Fees and costs

(a) Preparing EIS's for actions involving applicants. The department shall prepare an EIS for an action involving an applicant only where practicable considering existing staff and resources and when the public interest will be thereby served. In such cases, the department may charge a fee to the applicant for the cost of such preparation. The fee shall be calculated according to the following schedule, but in no event shall it exceed the fee caps established in section 617.17 of this Title:

X[(A) + (A)(B) + (C)] = Fee

Where

A =personal service rate per hour

B =fringe benefits at the rate set annually by the Comptroller

C =overhead at a rate of 35 percent of (A)(B)

X =time expressed in hours

The department preparation of an EIS shall include such items as in-office evaluations and field inspections, materials testing, field testing, laboratory analyses, research and original data collection.

(b) Notwithstanding the provisions of subdivision (a) of this section, the department shall charge a fee to an applicant in order to recover the actual costs incurred by the department for the review or preparation of an EIS by employees whose salary and expenses are paid in whole or in part from the conservation fund as established pursuant to section 83 (a) of the State Finance Law, for any action for which the department is an involved agency as defined in section 617.2(t) of this Title.

(1) The department is not required to recover such costs where the administrative expense would exceed the costs.

(2) The department shall provide the applicant, upon request, with an estimate of the cost for the review or preparation of an EIS by department employees whose salary and expenses are paid in whole or in part from the conservation fund.

(3) The department may require security to ensure payment of fees and may withhold, suspend or revoke a permit if the fees required under this subdivision are not paid.

(4) All costs, consistent with this subdivision, incurred on or after the effective date of this amendment must be reimbursed to the conservation fund.

(c) Public hearings and notices thereof. The department may charge a fee to an applicant for the cost of publishing a notice of hearing on a draft EIS and for costs incurred in the conducting of a public hearing.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 618.1