Current through Register Vol. 46, No. 39, September 25, 2024
(a) The State Environmental Quality Review
Act (SEQR) of 1975, article 8 of Environmental Conservation Law provides that
all agencies shall prepare, or cause to be prepared by contract or otherwise an
environmental impact statement on any action they propose or approve which may
have a significant effect on the environment. Section 8-0113, subdivisions (1)
and (2) require that after consultation with other agencies subject to the
provisions of article 8, including State agencies and representatives of local
governments and after conducting public hearings and review of any other
comments submitted, the Commissioner of Environmental Conservation shall adopt
rules and regulations of Statewide applicability that implement the provisions
of SEQR.
(b) Rules and regulations
of Statewide applicability were adopted by the Commissioner of Environmental
Conservation as Part 617 of Title 6 of the Official Compilation of Codes, Rules
and Regulations of the State of New York on March 19, 1976.
(c) This Part is adopted by the Jones Beach
State Parkway Authority pursuant to subdivision (3) of section 8-0113 of
article 8 of Environmental Conservation Law which requires agencies to adopt
and publish such additional procedures as may be necessary for the
implementation by them of SEQR, consistent with the Statewide rules and
regulations (6 NYCRR Part 617) adopted by the Commissioner of Environmental
Conservation pursuant to subdivision (1) of section 8-0113 of article 8 of the
Environmental Conservation Law.
(d)
Section 617.0 (6 NYCRR 617.0) sets out the procedure for agency rule making as
follows:
Section "617.0 Agency rule making.
(a) All agencies shall, consistent with the
provisions of article 8 of the Environmental Conservation Law, after public
hearing, adopt and publish such additional procedures as may be necessary for
the implementation by them of this Part. This may be accomplished by the use of
uniform procedures, or adoption by reference of procedures applicable to other
agencies.
(b) Individual agencies
are encouraged to develop their own criteria consistent with section 617.9 of
this Part and their own classification system whether or not in the form of
section 617.12 of this Part to cover the particular actions engaged in, or
reviewed by them. Such criteria and classification systems shall be no less
protective of environmental values than this Part. Individual agencies are also
encouraged to develop a classification of actions which are ministerial actions
and criteria for determining when actions are or are not ministerial.
(c) The procedures prescribed under this Part
shall, to the greatest extent practicable, be incorporated in and integrated
with existing agency procedures and variance in form alone shall constitute no
objection thereto. Such individual agency procedures, however, shall be no less
protective of environmental values, public participation, and agency and
judicial review than the procedures set forth in this Part.
(d) Upon written request of any person, the
commissioner (of DEC) shall review and determine whether any action contained
in an agency's own list or classification system similar to section 617.12 is
consistent with the criteria of 617.9 and the actions listed in section 617.12
of this Part. The commissioner (of DEC) shall give written notification of the
determination to such persons and the agency within 30 days of the receipt of a
request.
(e) Such agency procedures
shall provide for interagency working relationships in cases where actions
typically involve more than one agency, liaison with the public, public notice
requirements, provisions for public comment, and such other procedures as may
be required to effect the efficient and expeditious administration of this
Part. Procedures for administrative review of agency decisions may also be
incorporated in agency rules.
(f)
All agencies shall review their present statutory authority, administrative
regulations and current policies and procedures for the purpose of determining
whether there are any deficiencies or inconsistencies therein which prohibit or
impeded full compliance with this Part. Agencies should examine time limits or
schedule for actions, hearing procedures, public notice provisions, standards
for agency action which limit or exclude environmental factors, provisions for
environmental data gathering, provisions for public participation in the
decision makng process, and procedures and methods of reviewing environmental
impact. By January 1, 1977, agencies shall recommend or effect such measures as
may be necessary to bring their authority and policies into conformity with
this Part, including statutory changes, amendments to administrative
regulations, new standard forms, revised instructions and procedural guidelines
and improved personnel training.
(g) Each agency shall maintain a file open to
public inspection containing a list of all environmental impact statements
prepared or under preparation by or at the request of such agency."
(e) As suggested in 6 NYCRR
617.10(a), quoted in subdivision (d) of this section the Jones Beach State
Parkway Authority has used 6 NYCRR Part 618 as a model for this Part.
