N.Y. Comp. Codes R. & Regs. tit. 8 § 314.6

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

Section 314.6 - Notices of completion of draft environmental impact statements and public hearings and notices thereof

(a) Notices of completion of draft environmental impact statements. Upon the completion of a draft environmental impact statement, the environmental quality review committee shall immediately prepare, file and make available for public inspection a notice of completion as provided in paragraphs (1), (2) and (3) of this subdivision. All draft and final environmental impact statements prepared by or at the request of the environmental quality review committee shall contain the information specified in 6 NYCRR 617.10.

(1) Contents of notices of completion. All notices of completion shall contain the following:

(i) a project identifying number;

(ii) a brief description of the project;

(iii) the location of the project and its potential impacts and effects (county and city, town, village); and

(iv) the name and address of the lead agency and the name and telephone number of the officer who can provide further information;

(v) a statement requesting comments on the draft environmental impact statement to be received and considered by the environmental quality review committee at State University of New York. The notice shall specify the public review and comment period on the draft environmental impact statement, which shall be for not less than 30 calendar days from the date of filing and circulation of the notice or not less than 10 calendar days following any public hearing on the draft environmental impact statement.

(2) Circulating notices of completion. All notices of completion shall be circulated to the following:

(i) all other agencies involved in the project including the Commissioner of the Department of Environmental Conservation and appropriate regional office;

(ii) all persons who have requested it;

(iii) the State Clearing House; relevant regional clearing house designated under Federal office of management and budget circular A-95;

(iv) the subject State University of New York campus.

(3) Filing notices of completion. All notices of completion shall be filed and available for public inspection as follows:

(i) with the Commissioner of Environmental Conservation;

(ii) with the appropriate regional office of the Department of Environmental Conservation;

(iii) with the county clerk whose jurisdiction most closely coincides with the location of the project and its potential impacts and effects;

(iv) with the editor of the Department of Environmental Conservation Monitor;

(v) in the files of State University of New York.

(b) Filing and making available draft environmental impact statements. All draft environmental impact statements prepared by State University of New York shall be filed with and made available for public inspection as follows:

(1) with the Commissioner of Environmental Conservation;

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

(3) with the county clerk whose jurisdiction most closely coincides with the location of the project and its potential impacts and effects;

(4) in the files of State University of New York and a copy to the subject State University of New York campus;

(5) if other agencies are involved in the approval of the action, with each such agency; and

(6) one copy to persons requesting it.

(c) Public hearings on draft environmental impact statements and notices thereof.

(1) Upon the completion of a draft environmental impact statement, the environmental quality review committee shall determine whether or not to conduct a public hearing on the draft environmental impact statement. In making this determination, the environmental quality review committee shall consider the requirements for hearings specified by other statutes and regulations, the degree of interest in the project shown or anticipated on the part of the public or other agencies, the magnitude of the project and its effects, the extent to which a public hearing can aid the State University of New York decisionmaking by providing a forum for, or an efficient mechanism for the collection of, public comment. Wherever practicable, an environmental quality review public hearing shall be made part of or held in conjunction with other public hearings on the project as may be conducted by State University of New York or other agencies.

(2) If a hearing is to be held, notice thereof may be contained in the notice of completion or, if not so contained, shall be given in the same manner in which the notice of completion is sent, filed and circulated pursuant to subdivision (a) of this section. The notice shall specify the time, place and purpose of the hearing and shall contain a summary of the information contained in the notice of completion of the draft EIS. The notice of hearing shall be filed as prescribed in subdivision (b) of this section and shall also be published at least 14 calendar days in advance of the public hearing in a newspaper of general circulation in the area of the potential impacts and effects of the project.

(3) If so held, the hearing shall be conducted by the environmental quality review committee not less than 15 calendar days or more than 60 calendar days after the filing of the draft environmental impact statement pursuant to subdivision (b) of this section, except as State University of New York may otherwise provide where it determines that additional time is necessary for public or other agency review of the draft environmental impact statement or where a different hearing date is required as appropriate under applicable statute or regulation.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 314.6