N.Y. Comp. Codes R. & Regs. tit. 9 § 435.8

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

Section 435.8 - Public participation

(a) Annual report. The office shall prepare and make available an annual report on the implementation of title 9 of article 52 of the Environmental Conservation Law and these regulations.

(1) Such report shall include, but not be limited to, the following:

(i) the distribution of all funds during the preceding fiscal year and since the enactment of title 9 of the Environmental Conservation Law, by program and by category of project;

(ii) the distribution of funds by county and by State park region;

(iii) the distribution of funds among projects that are related to natural resource protection/interpretation and passive recreation; facility development or construction; or a combination of resource protection and facility development;

(iv) the distribution of funds for the acquisition of land or facilities, development of new facilities or rehabilitation of existing facilities; and

(v) the distribution of funds between indoor and outdoor municipal park projects.

(2) The report will be available to the general public for review and comment. Notice of its availability will be provided through a statewide press release and publication in the Environmental Notice Bulletin. Copies of the report will be distributed by direct mailing to interest groups and organizations.

(b) Workshop. Following distribution of each annual report, the office will conduct a workshop(s) for discussion of the implementation of title 9 of the Environmental Conservation Law and issues raised by the report, for identification of concerns and for recommendations for improvements in program administration and changes to the regulations and ranking and review procedures. Results from the workshop(s) will be summarized and made available to participants and other interested parties.

(c) The analysis of the distribution of grants in the annual report and the comments made at the workshop(s) will be evaluated by the office in the preparation of revisions to the regulations and ranking and review procedures.

(d) Proposed changes to the regulations and ranking and review procedures will be submitted to the State Board for Historic Preservation; the State Council of Parks, Recreation and Historic Preservation; the New York State Urban Cultural Parks Advisory Council; and the EQBA Advisory Task Force for review and comment.

(e) Substantive changes to the regulations and the ranking and review procedures will be subject to review under the State Environmental Quality Review Act.

(f) EQBA advisory task force.

(1) Within three months of the adoption of this Subchapter, the commissioner shall form an EQBA advisory task force. The task force shall consist of twelve members: two members with expertise in each of the program areas of historic preservation, municipal parks and urban cultural parks, two members representing the Department of Environmental Conservation, two members representing the environmental community and two members from the public at large. Members shall be appointed by the commissioner and serve at his discretion, except that the members representing the Department of Environmental Conservation shall be appointed by the Commissioner of Environmental Conservation.

(2) The task force shall meet at the direction of the commissioner but in no event shall it meet less than once each year following completion of the annual report.

(3) The chairman of the task force shall be designated from among its members by the commissioner.

(4) It shall be the responsibility of the EQBA advisory task force to review the annual report and to make recommendations to the commissioner regarding the implementation of title 9 of article 52 of the Environmental Conservation Law. Such recommendations may address topics which shall include, but not be limited to, project eligibility criteria, application procedures, project rating and ranking criteria, approval guidelines, revisions to regulations, criteria for funding distribution, coordination with title 7 of article 52 of the Environmental Conservation Law and additional public participation in the implementation of these regulations which the commissioner may wish to seek. It is understood that the purpose of the EQBA advisory task force is to make recommendations regarding the overall implementation of title 9 and this Subchapter; not to review or make recommendations relating to specific project applications.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 435.8