Current through Register Vol. 46, No. 12, March 20, 2024
(a) Prior to the Power Authority's decision
on an action which has been the subject of a final EIS, it shall afford
agencies and the public a reasonable time period (not less than 10 calendar
days) in which to consider the final EIS.
(b) The Power Authority, by its trustees or
their delegate, shall not make a final decision to commence, engage in, fund or
approve action that has been the subject of a final Federal or a final SEQRA
EIS until it has:
(1) given consideration to
the final EIS;
(2) made a written
finding that the requirements of this Part have been met and the action is:
(i) consistent with social, economic and
other essential considerations among the reasonable alternatives thereto, the
action to be carried out or approved is one which minimizes or avoids adverse
environmental effects to the maximum extent practicable, including the effects
disclosed in the relevant environmental impact statement; and
(ii) consistent with social, economic and
other essential considerations, to the maximum extent practicable, adverse
environmental effects revealed in the environmental impact statement process
will be minimized or avoided by incorporating as conditions to the decision
those mitigative measures which were identified as practicable; and
(3) prepared a written statement
of the facts and conclusions relied upon in the EIS, supporting its decision
and indicating the social, economic and other factors and standards which
formed the basis of its decision.
(4) When the action is in the coastal area
within the boundaries of an approved local waterfront revitalization program,
and the action is one identified by the Secretary of State pursuant to section
916(1)(a) of the Executive
Law, the action must be consistent, to the maximum extent practicable, with the
applicable policies of such program.
(c) The Power Authority shall not make a
decision to disapprove an action based upon the EIS until it has prepared a
written statement of the facts and conclusions relied on in the EIS or comments
provided thereon.
