Current through Register Vol. 46, No. 39, September 25, 2024
(a) EIS's shall be clearly and concisely
written in plain language that can be read and understood by the public. Within
the framework presented in subdivision (d) of this section, EIS's should
address in detail only those specified adverse or beneficial environmental
impacts which can be reasonably anticipated. They should not contain more
detail than is appropriate, considering the nature and magnitude of the
proposed action and the significance of its potential impacts. Highly technical
material shall be summarized, and if it must be included in its entirety, it
shall be referenced in the statement and included in an appendix.
(b) All draft and final EIS's shall be
preceded by a cover sheet stating:
(1)
whether it is a draft or final EIS;
(2) the name or descriptive title of the
action;
(3) the location (county
and town, village or city) of the action;
(4) the name and address of the Power
Authority, and the name and telephone number of a person at the Power Authority
who can provide further information;
(5) the names of individuals or organizations
that prepared any portion of the statements;
(6) the date of its acceptance by the Power
Authority; and
(7) in the case of a
draft EIS, the date by which comments must be submitted.
(c) If a draft or final EIS exceeds 10 pages
in length, it shall have a table of contents following the cover sheet and a
precise summary which adequately and accurately summarizes the statement,
focusing on issues of controversy, matters to be decided and major
conclusions.
(d) The body of all
draft and final EIS's shall contain at least the following:
(1) a concise description of the proposed
action, its purpose and need;
(2) a
concise description of the environmental setting of the areas to be affected,
sufficient to permit an understanding of the effects of the proposed action and
alternatives;
(3) a statement of
the important environmental impacts of the proposed action, including short-
and long-term effects and typical associated environmental effects;
(4) an identification and brief discussion of
any adverse environmental effects which cannot be avoided if the proposed
action is implemented;
(5) a
description and evaluation of reasonable alternatives to the action which would
achieve the same or similar objectives. The description and evaluation should
be at a level of detail sufficient to permit a comparative assessment of the
alternatives discussed. The no- action alternatives must also be discussed and
evaluated;
(6) an identification of
any irreversible and irretrievable commitments of resources which would be
associated with the proposed action should it be implemented;
(7) a description of mitigation measures to
minimize the adverse environmental impacts;
(8) a description of any of the proposed
actions, where applicable and significant;
(9) a discussion of the effects of the
proposed action on the use and conservation of energy, 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 capacity needs or other electric system needs in a manner reasonably
consistent with the most recent State energy plan;
(10) a discussion of the effects of the
proposed action on solid waste management where applicable and
significant;
(11) a discussion of
the effects of any proposed action on, and its consistency with, the
comprehensive management plan of the Special Groundwater Protection Program, as
implemented by the commissioner pursuant to article 55 of the Environmental
Conservation Law;
(12) a list of
any underlying studies, reports and other information obtained and considered
in preparing the statement;
(13) in
the case of a final EIS only, copies or a summary of the substantive comments
received on the draft EIS and a response to such comments;
(14) in the case of a final EIS only,
indication and identification of all revisions made to the draft EIS;
and
(15) for State agency actions
in the coastal area:
(i) when the action is
not in an approved local waterfront revitalization program area, an
identification of the applicable coastal policies of Executive Law, article 42,
as contained in 19 NYCRR 600.5, and a discussion of the effects of the proposed
action on such policies; or
(ii)
when the action is in an approved local waterfront revitalization program area
and the action is one identified by the Secretary of State pursuant to section
916
(1)(a) of the Executive Law, an
identification of the applicable policies of the local program and a discussion
of the effects of the proposed action on such policies.
(e) An EIS may incorporate by
reference all or portions of other documents, including EIS's which contain
information relevant to the statement. When a statement incorporates by
reference, the referenced document shall be briefly described, its applicable
findings summarized, and the date of its preparation provided. The referenced
documents shall be made available for inspection by the public within the time
period for comment in the same places where the agency makes available copies
of such statement.
(f) A final EIS
may consist of the draft EIS, including any necessary revisions to it, copies
or a summary of the substantive comments received and their source (whether or
not the comments were received in the context of a hearing), and the Power
Authority's substantive responses to the comments.
