senate Bill S1397

Provides for draft and final environmental impact statements

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

Provides for draft and final environmental impact statements.

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Bill Details

Versions:
S1397
Legislative Cycle:
2013-2014
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยงยง8-0105 & 8-0109, En Con L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1595
2009-2010: S4933

Sponsor Memo

BILL NUMBER:S1397

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to environmental impact statements

PURPOSE: To restructure section 8-0105 in a manner that replicates
the EIS process, identifies the proper technical names for EIS
documents, comprehensively defines the term 'environment,' adds the
term 'infrastructure' to the definition of environment and increases
the EIS radius from 1/4 mile to 1/2 mile.

SUMMARY OF PROVISIONS: To amend Section 8-0105 of the environmental
conservation law, subdivisions: 6 -definition of
'environment/environmental' 7 - definition of 'draft environmental
impact statement' 8 - definition of 'environmental assessment report'
adds 'infrastructure' to the definition of environment/environmental
increases the assessed environmental impact radius to one-half mile.

JUSTIFICATION: New York State is a home rule state, meaning that all
planning and zoning decisions are determined by the local government;
however, the state is responsible for establishing the foundation
necessary to make those decisions. In its current form, ECL 8-0105 and
ECL 8-0109 are deficient in substance and disorganized in process
thereby allowing developers to submit questionable environmental
impact statements (EIS) without repudiation. These sections of law set
the standards for all development in the state; it affects the health,
welfare and safety of our citizens and should be embodied with the
same significance. To that extent, the bill also increases the radius
of impact to 1/2 mile around the proposed development. By adding
'infrastructure' to that list of considerations, the overall quality
of life will be taken into account by the EIS. Elementary and
secondary schools, hospitals, police and fire departments, public
transportation, public parking, roads and roadway networks and
neighborhood amenities are impacted by ill-conceived and excessive
development. This then becomes an additional burden upon the local
taxpayer because it is not examined under current law.

FISCAL IMPLICATIONS: None to the state.

LEGISLATIVE HISTORY:
First entered in 2008.
2011-2012: S.1595 - Died in Committee

EFFECTIVE DATE: This act shall take effect on the ninetieth day after
it shall have become law.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1397

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Environmental Conser-
  vation

AN ACT to amend the environmental conservation law, in relation to envi-
  ronmental impact statements

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivisions 6, 7 and 8 of section 8-0105 of the environ-
mental conservation law, as amended by chapter 228 of the laws of  1976,
are amended to read as follows:
  6.  "Environment OR ENVIRONMENTAL" means the physical conditions which
will be affected by a  proposed  action,  including  land,  air,  water,
minerals,  flora, fauna, noise, objects of historic or aesthetic signif-
icance, existing patterns of population concentration, distribution,  or
growth, and existing community or neighborhood character.  "ENVIRONMENT"
AND  "ENVIRONMENTAL" SHALL INCLUDE THE SOCIAL, ECONOMIC, AND INFRASTRUC-
TURAL IMPACTS ON THE PHYSICAL CONDITIONS AFFECTED BY A  PROPOSED  ACTION
OR  ACTIONS.  "ENVIRONMENT" AND "ENVIRONMENTAL" SHALL ENCOMPASS ADVERSE,
BENEFICIAL AND CUMULATIVE IMPACTS TO HUMAN HEALTH, LAND,  AIR,  SUNLIGHT
AND  PATTERN, MINERALS, FLORA, FAUNA, WATER, NATURAL HABITATS, WETLANDS,
FLOODPLAINS, WATERSHED, SEWERAGE SYSTEMS, NOISE, EXISTING AND  IMPENDING
POPULATION  CONCENTRATIONS  AND  GROWTH  PATTERNS, EXISTING COMMUNITY OR
NEIGHBORHOOD CHARACTER, NEIGHBORHOOD AMENITIES, POLICE AND FIRE  DEPART-
MENTS,  HOSPITALS,  ELEMENTARY  AND  SECONDARY  SCHOOLS,  PUBLIC TRANSIT
SYSTEMS, ROADS AND ROADWAY PATTERNS, PUBLIC PARKING,  PARKS  AND  PUBLIC
RECREATIONAL  FACILITIES,  AND RESOURCES OF AGRICULTURAL, HISTORIC LAND-
MARK AND AESTHETIC SIGNIFICANCE.
  7. "DRAFT ENVIRONMENTAL IMPACT STATEMENT" MEANS A DETAILED PRELIMINARY
REPORT TO BE PREPARED AT THE INCEPTION OF PROPOSED ACTIONS THAT  DELINE-
ATES THE ENVIRONMENTAL IMPACT PROPOSED ACTIONS WILL HAVE ON THE SPECIFIC

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03986-01-3

S. 1397                             2

LOCATION  AND  WITHIN  A  ONE-HALF  MILE  RADIUS  AROUND THE LOCATION OF
PROPOSED ACTIONS; TO INFORM THE PUBLIC  AND  OTHER  PUBLIC  AGENCIES  AS
EARLY  AS  POSSIBLE ABOUT PROPOSED ACTIONS THAT MAY SIGNIFICANTLY AFFECT
THE  QUALITY  OF  THE  ENVIRONMENT;  AND  TO SOLICIT COMMENTS WHICH WILL
ASSIST THE AGENCY IN THE DECISION  MAKING  PROCESS  IN  DETERMINING  THE
ENVIRONMENTAL  CONSEQUENCES  OF THE PROPOSED ACTION. THE DRAFT STATEMENT
SHALL RESEMBLE IN FORM AND CONTENT THE ENVIRONMENTAL IMPACT STATEMENT TO
BE PREPARED AFTER COMMENTS HAVE BEEN RECEIVED AND CONSIDERED PURSUANT TO
SUBDIVISION TWO OF SECTION 8-0109 OF THIS ARTICLE; HOWEVER,  THE  LENGTH
AND  DETAIL  OF  THE  DRAFT  ENVIRONMENTAL  STATEMENT  SHALL REFLECT THE
PRELIMINARY NATURE OF THE PROPOSAL AND THE EARLY STAGE AT  WHICH  IT  IS
PREPARED.
  8.  "ENVIRONMENTAL  ASSESSMENT  REPORT"  MEANS  A FORM COMPLETED BY AN
APPLICANT TO ASSIST AN AGENCY IN DETERMINING THE  ENVIRONMENTAL  SIGNIF-
ICANCE  OF  A  PROPOSED  ACTION  AND SHALL CONTAIN ENOUGH INFORMATION TO
DESCRIBE THE PROPOSED ACTION, ITS LOCATION, PURPOSE  AND  THE  POTENTIAL
IMPACT ON THE ENVIRONMENT AT THE SPECIFIC LOCATION AND WITHIN A ONE-HALF
MILE RADIUS AROUND THE LOCATION OF THE PROPOSED ACTION.
  9.  "[Environmental]  FINAL  ENVIRONMENTAL  impact  statement" means a
detailed statement setting  forth  the  matters  specified  in  [section
8-0109  of this article] SUBDIVISION SEVEN OF THIS SECTION.  It includes
any comments on a  draft  environmental  statement  which  are  received
pursuant to section 8-0109 of this article, and the agency's response to
such  comments,  to  the  extent  that  such  comments  raise issues not
adequately resolved in the draft environmental statement.
  [8. "Draft environmental impact statement" means a preliminary  state-
ment prepared pursuant to section 8-0109 of this article.]
  S  2. Section 8-0109 of the environmental conservation law, as amended
by chapter 252 of the laws of 1977, subdivisions 2 and 4 as amended  and
subdivision 9 as added by chapter 219 of the laws of 1990, paragraph (h)
of  subdivision  2  as amended by chapter 519 of the laws of 1992, para-
graph (i) of subdivision 2 as added by chapter 182 of the laws of  1990,
paragraph  (i) of subdivision 2 and the fourth undesignated paragraph of
subdivision 4 as amended by chapter 238 of the laws of 1991,  the  fifth
undesignated  paragraph of subdivision 4 and subdivision 6 as amended by
chapter 641 of the laws of 2005, the opening paragraph of subdivision  5
as  amended  by  chapter  749  of  the laws of 1991 and subdivision 7 as
amended by chapter 336 of the laws  of  1987,  is  amended  to  read  as
follows:
S 8-0109. Preparation of DRAFT AND FINAL environmental impact statement.
  1.  Agencies  shall  use all practicable means to realize the policies
and goals set forth in this article, and shall act and  choose  alterna-
tives  which,  consistent  with ENVIRONMENTAL, social, economic, INFRAS-
TRUCTURAL and other essential  considerations,  to  the  maximum  extent
practicable,  minimize or avoid adverse [environmental] effects, includ-
ing effects revealed in the DRAFT AND FINAL environmental impact  state-
ment process.
  2.  All agencies (or applicant as hereinafter provided) shall prepare,
or cause to be prepared by contract or otherwise [an] A DRAFT AND  FINAL
environmental  impact  statement  on  any action they propose or approve
which may OR SHALL have a significant effect on the environment. Such  a
statement  shall  include a detailed statement setting forth the follow-
ing:
  (a) a  description  of  the  proposed  action  and  its  environmental
setting;

S. 1397                             3

  (b)  the SHORT-TERM AND LONG-TERM environmental impact of the proposed
action [including short-term and long-term effects] AND THE IMPACT WITH-
IN AN AREA INCLUDING, BUT NOT LIMITED TO, A ONE-HALF MILE RADIUS  AROUND
THE LOCATION OF THE PROPOSED ACTION;
  (c)  any  adverse environmental effects which cannot be avoided should
the proposal be implemented;
  (d) alternatives to the proposed action;
  (e) any irreversible and irretrievable commitments of resources  which
would be involved in the proposed action should it be implemented;
  (f) mitigation measures proposed to minimize the environmental impact;
  (g) the growth-inducing aspects of the proposed action, where applica-
ble and significant;
  (h)  effects  of  the  proposed  action on the use and conservation of
energy resources, where applicable and significant, provided that in the
case of an electric generating facility, the statement shall  include  a
demonstration that the facility will satisfy electric generating capaci-
ty needs or other electric systems needs in a manner reasonably consist-
ent with the most recent state energy plan;
  (i)  effects of proposed action on solid waste management where appli-
cable and significant. THE STATEMENT SHALL INCLUDE A DEMONSTRATION  THAT
SOLID  WASTE  DISPOSAL  FACILITIES MEET OR EXCEED THE CAPACITY NECESSARY
FOR THE PROPOSED ACTION AND IN A MANNER CONSISTENT WITH  SOUND,  COMPRE-
HENSIVE SOLID WASTE MANAGEMENT PLANNING; [and
  (i)]  (J) effects of any proposed action on, and its consistency with,
the comprehensive management plan of the special groundwater  protection
area  program,  as  implemented  by the commissioner pursuant to article
fifty-five of this chapter; [and
  (j)] (K) EFFECTS OF ANY PROPOSED ACTION ON, AND ITS CONSISTENCY  WITH,
A MUNICIPALITY'S COMPREHENSIVE PLAN; AND
  (L)  such other information consistent with the purposes of this arti-
cle as may be prescribed in guidelines issued by the commissioner pursu-
ant to section 8-0113 of this [chapter] ARTICLE.
  [Such a statement shall also  include  copies  or  a  summary  of  the
substantive comments received by the agency pursuant to subdivision four
of  this  section, and the agency response to such comments. The purpose
of an environmental impact statement is to provide detailed  information
about  the effect which a proposed action is likely to have on the envi-
ronment, to list ways in which any adverse effects  of  such  an  action
might  be minimized, and to suggest alternatives to such an action so as
to form the basis for a decision whether or not to undertake or  approve
such  action.  Such  statement  should  be  clearly written in a concise
manner capable of being read and understood by the public,  should  deal
with the specific significant environmental impacts which can be reason-
ably  anticipated and should not contain more detail than is appropriate
considering the nature and magnitude of  the  proposed  action  and  the
significance of its potential impacts.]
  3.  An  agency  may  require  an  applicant to submit an environmental
ASSESSMENT report to assist the agency in carrying out its  responsibil-
ities,  including  the  initial  determination and, (where the applicant
does not prepare the DRAFT environmental impact statement), the prepara-
tion of [an] THE DRAFT environmental impact statement under  this  arti-
cle.  The  agency  may  request such other information from an applicant
necessary for the review of environmental impacts.  Notwithstanding  any
use  of  outside  resources or work, agencies shall make their own inde-
pendent judgment of the scope, contents and adequacy of [an]  THE  DRAFT
environmental impact statement.

S. 1397                             4

  (A)  THE PURPOSE OF A DRAFT ENVIRONMENTAL STATEMENT IS TO RELATE ENVI-
RONMENTAL IMPACTS OF THE PROPOSED ACTIONS AT THE INCEPTION OF THE  PLAN-
NING PROCESS, TO INFORM THE PUBLIC AND OTHER PUBLIC AGENCIES AS EARLY AS
POSSIBLE ABOUT PROPOSED ACTIONS THAT MAY SIGNIFICANTLY AFFECT THE QUALI-
TY  OF THE ENVIRONMENT AS DEFINED IN SECTION 8-0105 OF THIS ARTICLE, AND
TO SOLICIT COMMENTS WHICH WILL ASSIST THE AGENCY IN THE DECISION  MAKING
PROCESS  IN  DETERMINING  THE ENVIRONMENTAL CONSEQUENCES OF THE PROPOSED
ACTION.
  (B) THE PURPOSE OF AN ENVIRONMENTAL IMPACT  STATEMENT  IS  TO  PROVIDE
DETAILED  INFORMATION ABOUT THE EFFECT WHICH A PROPOSED ACTION IS LIKELY
TO HAVE ON THE ENVIRONMENT, TO LIST WAYS IN WHICH ANY ADVERSE EFFECTS OF
SUCH AN ACTION MIGHT BE MINIMIZED, AND TO SUGGEST ALTERNATIVES  TO  SUCH
AN  ACTION  SO  AS  TO  FORM  THE BASIS FOR A DECISION WHETHER OR NOT TO
UNDERTAKE OR APPROVE SUCH ACTION. SUCH STATEMENT SHOULD BE CLEARLY WRIT-
TEN IN A CONCISE MANNER CAPABLE OF BEING  READ  AND  UNDERSTOOD  BY  THE
PUBLIC,  SHOULD DEAL WITH THE SPECIFIC SIGNIFICANT ENVIRONMENTAL IMPACTS
WHICH CAN BE REASONABLY ANTICIPATED AND SHOULD NOT CONTAIN  MORE  DETAIL
THAN IS APPROPRIATE CONSIDERING THE NATURE AND MAGNITUDE OF THE PROPOSED
ACTION  AND  THE SIGNIFICANCE OF ITS POTENTIAL IMPACTS. SUCH A STATEMENT
SHALL ALSO INCLUDE COPIES OR  A  SUMMARY  OF  THE  SUBSTANTIVE  COMMENTS
RECEIVED  BY THE AGENCY PURSUANT TO SUBDIVISION TWO OF THIS SECTION, AND
THE AGENCY RESPONSE TO SUCH COMMENTS.
  (I) AN ENVIRONMENTAL IMPACT STATEMENT SHALL BE PREPARED FOR ANY ACTION
FOUND TO HAVE A SIGNIFICANT IMPACT ON THE SPECIAL GROUNDWATER PROTECTION
AREA, AS DEFINED IN SECTION 55-0107  OF  THIS  CHAPTER.  SUCH  STATEMENT
SHALL  MEET  THE  REQUIREMENTS OF THE MOST DETAILED ENVIRONMENTAL IMPACT
STATEMENT REQUIRED BY THIS SECTION OR BY ANY  SUCH  RULE  OR  REGULATION
PROMULGATED PURSUANT TO THIS SECTION.
  (II)  FOR  ANY ACTION FOR WHICH THE AGENCY DETERMINES THAT SUCH STATE-
MENT IS NOT REQUIRED AND WHICH WOULD TAKE PLACE IN A SPECIAL GROUNDWATER
PROTECTION AREA, AS DEFINED IN SECTION  55-0107  OF  THIS  CHAPTER,  THE
AGENCY  SHALL SHOW HOW SUCH ACTION WOULD OR WOULD NOT BE CONSISTENT WITH
THE COMPREHENSIVE MANAGEMENT PLAN OF THE SPECIAL GROUNDWATER  PROTECTION
PROGRAM,   AS  IMPLEMENTED  BY  THE  COMMISSIONER  PURSUANT  TO  ARTICLE
FIFTY-FIVE OF THIS CHAPTER.
  (C) THE DRAFT STATEMENT SHOULD RESEMBLE IN FORM AND CONTENT THE  FINAL
ENVIRONMENTAL  IMPACT  STATEMENT TO BE PREPARED AFTER COMMENTS HAVE BEEN
RECEIVED AND CONSIDERED PURSUANT TO SUBDIVISION  TWO  OF  THIS  SECTION;
HOWEVER,  THE  LENGTH  AND  DETAIL  OF THE DRAFT ENVIRONMENTAL STATEMENT
SHALL REFLECT THE PRELIMINARY NATURE OF THE PROPOSAL AND THE EARLY STAGE
AT WHICH IT IS PREPARED.
  (D) THE DRAFT STATEMENT SHALL BE FILED WITH THE  DEPARTMENT  OR  OTHER
DESIGNATED  AGENCIES AND SHALL BE CIRCULATED TO FEDERAL, STATE, REGIONAL
AND LOCAL AGENCIES HAVING AN INTEREST IN  THE  PROPOSED  ACTION  AND  TO
INTERESTED  MEMBERS  OF  THE PUBLIC FOR COMMENT, AS MAY BE PRESCRIBED BY
THE COMMISSIONER PURSUANT TO SECTION 8-0113 OF THIS ARTICLE.
  (E) IN ADDITION, UNLESS IMPRACTICABLE, THE DRAFT  STATEMENT  SHALL  BE
POSTED  ON A PUBLICLY-AVAILABLE INTERNET WEBSITE. THE WEBSITE POSTING OF
SUCH DRAFT STATEMENT MAY BE DISCONTINUED WHEN THE  ENVIRONMENTAL  IMPACT
STATEMENT IS POSTED PURSUANT TO PARAGRAPH (F) OF THIS SUBDIVISION.
  (F) TO THE EXTENT AS MAY BE PRESCRIBED BY THE COMMISSIONER PURSUANT TO
SECTION  8-0113  OF  THIS  ARTICLE,  THE  ENVIRONMENTAL IMPACT STATEMENT
PREPARED PURSUANT TO SUBDIVISION TWO OF THIS SECTION TOGETHER  WITH  THE
COMMENTS OF PUBLIC AND FEDERAL AGENCIES AND MEMBERS OF THE PUBLIC, SHALL
BE  FILED  WITH  THE  COMMISSIONER,  MADE  AVAILABLE TO THE PUBLIC, AND,
UNLESS IMPRACTICABLE, POSTED ON A  PUBLICLY-AVAILABLE  INTERNET  WEBSITE

S. 1397                             5

PRIOR  TO  ACTING  ON  THE PROPOSAL WHICH IS THE SUBJECT OF THE ENVIRON-
MENTAL IMPACT STATEMENT. THE WEBSITE POSTING OF SUCH  STATEMENT  MAY  BE
DISCONTINUED  ONE  YEAR  AFTER ALL NECESSARY PERMITS HAVE BEEN ISSUED BY
THE FEDERAL, STATE AND LOCAL GOVERNMENTS.
  4.  As  early  as  possible  in  the  formulation of a proposal for an
action, the responsible  agency  shall  make  an  initial  determination
whether  an  environmental  impact  statement  [need]  IS  NEEDED  TO be
prepared for the action. When an action is to be carried out or approved
by two or more agencies, such determination shall be made  as  early  as
possible after the designation of the lead agency.
  [With  respect  to actions involving the issuance to an applicant of a
permit or other entitlement, the agency shall notify  the  applicant  in
writing  of  its  initial determination specifying therein the basis for
such determination. Notice  of  the  initial  determination  along  with
appropriate  supporting findings on agency actions shall be kept on file
in the main office of the agency for public inspection.]
  (A) If the agency determines that  such  statement  is  required,  the
agency  or  the  applicant  at  its  option shall prepare or cause to be
prepared a draft environmental impact statement. If the  applicant  does
not  exercise  the  option  to  prepare such statement, the agency shall
prepare it, cause it to be prepared, or  terminate  its  review  of  the
proposed  action.  Such statement shall describe the proposed action and
reasonable alternatives to the action, and briefly discuss, on the basis
of information then  available,  the  remaining  items  required  to  be
submitted  by  subdivision  two of this section. [The purpose of a draft
environmental statement is to relate environmental considerations to the
inception of the planning process, to inform the public and other public
agencies as early as possible about proposed actions  that  may  signif-
icantly  affect  the quality of the environment, and to solicit comments
which will assist the agency in the decision making process in determin-
ing the environmental consequences of the  proposed  action.  The  draft
statement  should  resemble in form and content the environmental impact
statement to be prepared after comments have been received  and  consid-
ered  pursuant  to  subdivision two of this section; however, the length
and detail of the draft environmental statement will necessarily reflect
the preliminary nature of the proposal and the early stage at  which  it
is prepared.
  For  any action for which the agency determines that such statement is
not required and  which  would  take  place  in  a  special  groundwater
protection  area,  as  defined  in  section 55-0107 of this chapter, the
agency shall show how such action would or would not be consistent  with
the  comprehensive management plan of the special groundwater protection
program, as implemented by the commissioner pursuant to  article  fifty-
five of this chapter.
  The draft statement shall be filed with the department or other desig-
nated  agencies  and shall be circulated to federal, state, regional and
local agencies having an interest in the proposed action and  to  inter-
ested  members  of  the  public for comment, as may be prescribed by the
commissioner pursuant to section 8-0113. In addition, unless impractica-
ble, the draft statement shall be posted on a publicly-available  Inter-
net  website. The website posting of such draft statement may be discon-
tinued when the environmental impact statement  is  posted  pursuant  to
subdivision six of this section.
  5.] (B) After the filing of a draft environmental impact statement the
agency shall determine whether or not to conduct a public hearing on the
environmental impact of the proposed action. If the agency determines to

S. 1397                             6

hold  such a hearing, it shall commence the hearing within sixty days of
the filing and, unless the proposed action is withdrawn  from  consider-
ation,  shall  prepare  the environmental impact statement within forty-
five  days after the close of the hearing, except as otherwise provided.
The need for such a hearing  shall  be  determined  in  accordance  with
procedures  adopted  by  the  agency  pursuant to section 8-0113 of this
article. If no hearing is held, the agency shall prepare and make avail-
able the FINAL environmental impact statement within  sixty  days  after
the filing of the draft, except as otherwise provided.
  5.  Notwithstanding  the  specified  time  periods established by this
article, an agency shall vary the times so established herein for prepa-
ration, review and  public  hearings  to  coordinate  the  environmental
review  process with other procedures relating to review and approval of
an action. [An application for a permit or authorization for  an  action
upon  which  a  draft environmental impact statement is determined to be
required shall not be complete until such draft statement has been filed
and accepted by the  agency  as  satisfactory  with  respect  to  scope,
content and adequacy for purposes of paragraph four of this section.]
  6. Commencing upon such acceptance, the environmental impact statement
process  shall  run  concurrently  with other procedures relating to the
review and approval of the action so long as reasonable time is provided
for preparation, review and public hearings with respect  to  the  draft
environmental impact statement.
  [6. To the extent as may be prescribed by the commissioner pursuant to
section  8-0113, the environmental impact statement prepared pursuant to
subdivision two of this section together with the comments of public and
federal agencies and members of the public,  shall  be  filed  with  the
commissioner,  made  available to the public, and, unless impracticable,
posted on a publicly-available Internet website prior to acting  on  the
proposal which is the subject of the environmental impact statement. The
website posting of such statement may be discontinued one year after all
necessary  permits  have  been  issued  by  the federal, state and local
governments.]
  7. AN APPLICATION FOR A PERMIT, ENTITLEMENT OR  AUTHORIZATION  FOR  AN
ACTION  UPON  WHICH A DRAFT ENVIRONMENTAL IMPACT STATEMENT IS DETERMINED
TO BE REQUIRED SHALL NOT BE COMPLETE UNTIL SUCH DRAFT STATEMENT HAS BEEN
FILED AND ACCEPTED BY THE AGENCY AS SATISFACTORY WITH RESPECT TO  SCOPE,
CONTENT  AND ADEQUACY FOR PURPOSES OF SUBDIVISION THREE OF THIS SECTION.
THE AGENCY SHALL NOTIFY THE APPLICANT IN WRITING OF ITS INITIAL DETERMI-
NATION SPECIFYING THEREIN THE BASIS FOR SUCH DETERMINATION.   NOTICE  OF
THE  INITIAL DETERMINATION ALONG WITH APPROPRIATE SUPPORTING FINDINGS ON
AGENCY ACTIONS SHALL BE KEPT ON FILE IN THE MAIN OFFICE  OF  THE  AGENCY
FOR PUBLIC INSPECTION.
  8.  [a.]  (A)  An  agency may charge a fee to an applicant in order to
recover the costs incurred in preparing or causing  to  be  prepared  or
reviewing  a  draft environmental impact statement or [an] A FINAL envi-
ronmental impact statement on the action which  the  applicant  requests
from the agency; provided, however, that an applicant may not be charged
a  separate  fee for both the preparation and review of such statements.
The technical services of the department may be made available on a  fee
basis reflecting the costs thereof, to a requesting agency, which fee or
fees  may  appropriately be charged by the agency to the applicant under
rules and regulations to be issued under section 8-0113 OF THIS ARTICLE.
  [b.] (B) Such rules and regulations shall  require  the  applicant  to
reimburse  the conservation fund, as established pursuant to subdivision
(a) of section eighty-three of  the  state  finance  law,  in  order  to

S. 1397                             7

recover  all  costs  incurred  in preparing or causing to be prepared or
reviewing a draft environmental impact statement or [an] A  FINAL  envi-
ronmental  impact statement by employees of the department, whose salary
and expenses are paid, in whole or in part, from the conservation fund.
  [8.] 9. When an agency decides to carry out or approve an action which
has been the subject of [an] THE environmental impact statement PROCESS,
it  shall make an explicit finding that the requirements of this section
have been met and [that  consistent  with  social,  economic  and  other
essential  considerations],  to  the maximum extent practicable, adverse
environmental [effects] IMPACTS revealed in the DRAFT AND FINAL environ-
mental impact statement process will be minimized or avoided.
  [9. An environmental impact statement shall be prepared for any action
found to have a significant impact on the special groundwater protection
area, as defined in section 55-0107  of  this  chapter.  Such  statement
shall  meet  the  requirements of the most detailed environmental impact
statement required by this section or by any  such  rule  or  regulation
promulgated pursuant to this section.]
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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