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This entry was published on 2014-09-22
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SECTION 8-0113
Rules and regulations
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 8
§ 8-0113. Rules and regulations.

1. After consultation with the other agencies subject to the
provisions of this article, including state agencies and representatives
of local governments and after conducting public hearings and review of
any other comments submitted, the commissioner shall adopt rules and
regulations implementing the provisions of this article within one
hundred and twenty days after the effective date of this section.

2. The rules and regulations adopted by the commissioner specifically
shall include:

(a) Definition of terms used in this article;

(b) Criteria for determining whether or not a proposed action may have
a significant effect on the environment, taking into account social and
economic factors to be considered in determining the significance of an
environmental effect;

(c) Identification on the basis of such criteria of:

(i) Actions or classes of actions that are likely to require
preparation of environmental impact statements;

(ii) Actions or classes of actions which have been determined not to
have a significant effect on the environment and which do not require
environmental impact statements under this article. In adopting the
rules and regulations, the commissioner shall make a finding that each
action or class of actions identified does not have a significant effect
on the environment;

(d) Typical associated environmental effects, and methods for
assessing such effects, of actions determined to be likely to require
preparation of environmental impact statements;

(e) Categorization of actions which are or may be primarily of
statewide, regional, or local concern, with provisions for technical
assistance including the preparation or review of environmental impact
statements, if requested, in connection with environmental impact review
by local agencies.

(f) Provision for the filing and circulation of draft environmental
impact statements pursuant to subdivision four of section 8-0109, and
environmental impact statements pursuant to subdivision six of section
8-0109, including, in addition to any other circulation and public
availability requirements, making such statements available free of
charge to the public and government agencies on the publicly-available
Internet website, unless impracticable. Printed filings and public
notices shall clearly indicate the address of the website at which such
filing is posted;

(g) Scope, content, filing and availability of findings required to be
made pursuant to subdivision eight of section 8-0109;

(h) Form and content of and level of detail required for an
environmental impact statement; and

(i) Procedures for obtaining comments on draft environmental impact
statements, holding hearings, providing public notice of agency
decisions with respect to preparation of a draft environmental
statement; and for such other matters as may be needed to assure
effective participation by the public and efficient and expeditious
administration of the article.

(j) Procedure for providing applicants with estimates, when requested,
of the costs expected to be charged them pursuant to subdivision seven
of section 8-0109 of this article.

(k) Appeals procedure for the settlement of disputed costs charged by
state agencies to applicants pursuant to subdivision seven of section
8-0109 of this article. Such appeal procedure shall not interfere or
cause delay in the determination of environmental significance or
prohibit an action from being undertaken.

(l) A model assessment form to be used during the initial review to
assist an agency in its responsibilities under this article.

3. Within the time periods specified in section 8-0117 of this article
the agencies subject to this article shall, after public hearing, adopt
and publish such additional procedures as may be necessary for the
implementation by them of this article consistent with the rules and
regulations adopted by the commissioner.

(a) Existing agency environmental procedures may be incorporated in
and integrated with the procedures adopted under this article, and
variance in form alone shall constitute no objection thereto. Such
individual agency procedures shall be no less protective of
environmental values, public participation, and agency and judicial
review than the procedures herein mandated.

(b) Such agency procedures shall provide for interagency working
relationships in cases where actions typically involve more than one
agency, liaison with the public, and such other procedures as may be
required to effect the efficient and expeditious administration of this

4. Coordination with agricultural districts program. The commissioner,
in consultation with the commissioner of agriculture and markets, shall
amend the regulations promulgated pursuant to the provisions of this
section as necessary and appropriate to assure the adequate
consideration of impacts of public acquisitions, or the advancement of
public monies for non-farm development on lands used in agricultural
production and unique and irreplaceable agricultural lands within
agricultural districts in accordance with the provisions of subdivision
four of section three hundred five of the agriculture and markets law.