Current through Register Vol. 46, No. 12, March 20, 2024
(a)
Notices of completion of draft environmental impact statements. Upon the
completion of a draft environmental impact statement, the environmental quality
review committee shall immediately prepare, file and make available for public
inspection a notice of completion as provided in paragraphs (1), (2) and (3) of
this subdivision. All draft and final environmental impact statements prepared
by or at the request of the environmental quality review committee shall
contain the information specified in 6 NYCRR 617.10.
(1) Contents of notices of completion. All
notices of completion shall contain the following:
(i) a project identifying number;
(ii) a brief description of the
project;
(iii) the location of the
project and its potential impacts and effects (county and city, town, village);
and
(iv) the name and address of
the lead agency and the name and telephone number of the officer who can
provide further information;
(v) a
statement requesting comments on the draft environmental impact statement to be
received and considered by the environmental quality review committee at State
University of New York. The notice shall specify the public review and comment
period on the draft environmental impact statement, which shall be for not less
than 30 calendar days from the date of filing and circulation of the notice or
not less than 10 calendar days following any public hearing on the draft
environmental impact statement.
(2) Circulating notices of completion. All
notices of completion shall be circulated to the following:
(i) all other agencies involved in the
project including the Commissioner of the Department of Environmental
Conservation and appropriate regional office;
(ii) all persons who have requested
it;
(iii) the State Clearing House;
relevant regional clearing house designated under Federal office of management
and budget circular A-95;
(iv) the
subject State University of New York campus.
(3) Filing notices of completion. All notices
of completion shall be filed and available for public inspection as follows:
(i) with the Commissioner of Environmental
Conservation;
(ii) with the
appropriate regional office of the Department of Environmental
Conservation;
(iii) with the county
clerk whose jurisdiction most closely coincides with the location of the
project and its potential impacts and effects;
(iv) with the editor of the Department of
Environmental Conservation Monitor;
(v) in the files of State University of New
York.
(b)
Filing and making available draft environmental impact statements. All draft
environmental impact statements prepared by State University of New York shall
be filed with and made available for public inspection as follows:
(1) with the Commissioner of Environmental
Conservation;
(2) with the
appropriate regional office of the Department of Environmental
Conservation;
(3) with the county
clerk whose jurisdiction most closely coincides with the location of the
project and its potential impacts and effects;
(4) in the files of State University of New
York and a copy to the subject State University of New York campus;
(5) if other agencies are involved in the
approval of the action, with each such agency; and
(6) one copy to persons requesting
it.
(c) Public hearings
on draft environmental impact statements and notices thereof.
(1) Upon the completion of a draft
environmental impact statement, the environmental quality review committee
shall determine whether or not to conduct a public hearing on the draft
environmental impact statement. In making this determination, the environmental
quality review committee shall consider the requirements for hearings specified
by other statutes and regulations, the degree of interest in the project shown
or anticipated on the part of the public or other agencies, the magnitude of
the project and its effects, the extent to which a public hearing can aid the
State University of New York decisionmaking by providing a forum for, or an
efficient mechanism for the collection of, public comment. Wherever
practicable, an environmental quality review public hearing shall be made part
of or held in conjunction with other public hearings on the project as may be
conducted by State University of New York or other agencies.
(2) If a hearing is to be held, notice
thereof may be contained in the notice of completion or, if not so contained,
shall be given in the same manner in which the notice of completion is sent,
filed and circulated pursuant to subdivision (a) of this section. The notice
shall specify the time, place and purpose of the hearing and shall contain a
summary of the information contained in the notice of completion of the draft
EIS. The notice of hearing shall be filed as prescribed in subdivision (b) of
this section and shall also be published at least 14 calendar days in advance
of the public hearing in a newspaper of general circulation in the area of the
potential impacts and effects of the project.
(3) If so held, the hearing shall be
conducted by the environmental quality review committee not less than 15
calendar days or more than 60 calendar days after the filing of the draft
environmental impact statement pursuant to subdivision (b) of this section,
except as State University of New York may otherwise provide where it
determines that additional time is necessary for public or other agency review
of the draft environmental impact statement or where a different hearing date
is required as appropriate under applicable statute or regulation.