2010 New York Code
ENV - Environmental Conservation
Article 8 - (8-0101 - 8-0117) ENVIRONMENTAL QUALITY REVIEW
8-0109 - Preparation of environmental impact statement.

§ 8-0109. Preparation of environmental impact statement.
    1.  Agencies  shall  use all practicable means to realize the policies
  and  goals  set  forth  in  this  article,  and  shall  act  and  choose
  alternatives which, consistent with social, economic and other essential
  considerations,  to  the  maximum  extent practicable, minimize or avoid
  adverse  environmental  effects,  including  effects  revealed  in   the
  environmental impact statement process.
    2.  All agencies (or applicant as hereinafter provided) 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. Such a statement shall include a
  detailed statement setting forth the following:
    (a) a  description  of  the  proposed  action  and  its  environmental
  setting;
    (b)   the  environmental  impact  of  the  proposed  action  including
  short-term and long-term effects;
    (c) any adverse environmental effects which cannot be  avoided  should
  the proposal be implemented;
    (d) alternatives to the proposed action;
    (e)  any irreversible and irretrievable commitments of resources which
  would be involved in the proposed action should it be implemented;
    (f) mitigation measures proposed to minimize the environmental impact;
    (g)  the  growth-inducing  aspects  of  the  proposed  action,   where
  applicable and significant;
    (h)  effects  of  the  proposed  action on the use and conservation of
  energy resources, 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 systems needs in  a  manner  reasonably
  consistent with the most recent state energy plan;
    * (i)  effects  of  proposed  action  on  solid waste management where
  applicable and significant; and
    * NB There are 2 š(i)'s
    * (i) effects of any proposed action on, and its consistency with, the
  comprehensive management plan of the special groundwater protection area
  program,  as  implemented  by  the  commissioner  pursuant  to   article
  fifty-five of this chapter; and
    * NB There are 2 š(i)'s
    (j)  such  other  information  consistent  with  the  purposes of this
  article as may be prescribed in guidelines issued  by  the  commissioner
  pursuant to section 8-0113 of this chapter.
    Such  a  statement  shall  also  include  copies  or  a summary of the
  substantive comments received by the agency pursuant to subdivision four
  of this section, and the agency response to such comments.  The  purpose
  of  an environmental impact statement is to provide detailed information
  about the effect which a proposed  action  is  likely  to  have  on  the
  environment, to list ways in which any adverse effects of such an action
  might  be minimized, and to suggest alternatives to such an action so as
  to form the basis for a decision whether or not to undertake or  approve
  such  action.  Such  statement  should  be  clearly written in a concise
  manner capable of being read and understood by the public,  should  deal
  with  the  specific  significant  environmental  impacts  which  can  be
  reasonably anticipated and  should  not  contain  more  detail  than  is
  appropriate  considering the nature and magnitude of the proposed action
  and the significance of its potential impacts.
    3. An agency may require  an  applicant  to  submit  an  environmental
  report  to  assist  the  agency  in  carrying  out its responsibilities,
  including the initial determination and, (where the applicant  does  not

prepare  the  environmental  impact  statement),  the  preparation of an
  environmental impact  statement  under  this  article.  The  agency  may
  request  such  other  information  from  an  applicant necessary for the
  review  of  environmental  impacts.  Notwithstanding  any use of outside
  resources or work, agencies shall make their own independent judgment of
  the scope, contents and adequacy of an environmental impact statement.
    4. As early as possible in  the  formulation  of  a  proposal  for  an
  action,  the  responsible  agency  shall  make  an initial determination
  whether an environmental impact  statement  need  be  prepared  for  the
  action.  When  an action is to be carried out or approved by two or more
  agencies, such determination shall be made as early  as  possible  after
  the designation of the lead agency.
    With  respect  to  actions involving the issuance to an applicant of a
  permit or other entitlement, the agency shall notify  the  applicant  in
  writing  of  its  initial determination specifying therein the basis for
  such determination. Notice  of  the  initial  determination  along  with
  appropriate  supporting findings on agency actions shall be kept on file
  in the main office of the agency for public inspection.
    If the agency determines that such statement is required,  the  agency
  or  the  applicant at its option shall prepare or cause to be prepared a
  draft environmental impact statement. If the applicant does not exercise
  the option to prepare such statement, the agency shall prepare it, cause
  it to be prepared, or terminate its review of the proposed action.  Such
  statement shall describe the proposed action and reasonable alternatives
  to  the  action,  and  briefly discuss, on the basis of information then
  available, the remaining items required to be submitted  by  subdivision
  two  of  this section. The purpose of a draft environmental statement is
  to relate environmental considerations to the inception of the  planning
  process,  to  inform  the  public  and other public agencies as early as
  possible about  proposed  actions  that  may  significantly  affect  the
  quality  of  the  environment, and to solicit comments which will assist
  the  agency  in  the  decision  making  process   in   determining   the
  environmental  consequences  of the proposed action. The draft statement
  should resemble in form and content the environmental  impact  statement
  to be prepared after comments have been received and considered pursuant
  to  subdivision  two  of this section; however, the length and detail of
  the  draft  environmental  statement  will   necessarily   reflect   the
  preliminary  nature  of  the proposal and the early stage at which it is
  prepared.
    For any action for which the agency determines that such statement  is
  not  required  and  which  would  take  place  in  a special groundwater
  protection area, as defined in section  55-0107  of  this  chapter,  the
  agency  shall show how such action would or would not be consistent with
  the comprehensive management plan of the special groundwater  protection
  program,   as  implemented  by  the  commissioner  pursuant  to  article
  fifty-five of this chapter.
    The draft statement shall  be  filed  with  the  department  or  other
  designated  agencies and shall be circulated to federal, state, regional
  and local agencies having an interest in  the  proposed  action  and  to
  interested  members  of  the public for comment, as may be prescribed by
  the  commissioner  pursuant  to  section  8-0113.  In  addition,  unless
  impracticable,    the   draft   statement   shall   be   posted   on   a
  publicly-available Internet website. The website posting of  such  draft
  statement may be discontinued when the environmental impact statement is
  posted pursuant to subdivision six of this section.
    5.  After  the  filing  of  a draft environmental impact statement the
  agency shall determine whether or not to conduct a public hearing on the
  environmental impact of the proposed action. If the agency determines to

hold such a hearing, it shall commence the hearing within sixty days  of
  the   filing   and   unless   the  proposed  action  is  withdrawn  from
  consideration shall prepare the environmental  impact  statement  within
  forty-five  days  after  the  close  of the hearing, except as otherwise
  provided. The need for such a hearing shall be determined in  accordance
  with procedures adopted by the agency pursuant to section 8-0113 of this
  article.  If  no  hearing  is  held,  the  agency shall prepare and make
  available the environmental impact statement within sixty days after the
  filing of the draft, except as otherwise provided.
    Notwithstanding  the  specified  time  periods  established  by   this
  article,  an  agency  shall  vary  the  times  so established herein for
  preparation, review and public hearings to coordinate the  environmental
  review  process with other procedures relating to review and approval of
  an action. An application for a permit or authorization  for  an  action
  upon  which  a  draft environmental impact statement is determined to be
  required shall not be complete until such draft statement has been filed
  and accepted by the  agency  as  satisfactory  with  respect  to  scope,
  content  and  adequacy  for  purposes of paragraph four of this section.
  Commencing upon such  acceptance,  the  environmental  impact  statement
  process  shall  run  concurrently  with other procedures relating to the
  review and approval of the action so long as reasonable time is provided
  for preparation, review and public hearings with respect  to  the  draft
  environmental impact statement.
    6.  To the extent as may be prescribed by the commissioner pursuant to
  section 8-0113, the environmental impact statement prepared pursuant  to
  subdivision two of this section together with the comments of public and
  federal  agencies  and  members  of  the public, shall be filed with the
  commissioner, made available to the public, and,  unless  impracticable,
  posted  on  a publicly-available Internet website prior to acting on the
  proposal which is the subject of the environmental impact statement. The
  website posting of such statement may be discontinued one year after all
  necessary permits have been issued  by  the  federal,  state  and  local
  governments.
    7.  a.  An agency may charge a fee to an applicant in order to recover
  the costs incurred in preparing or causing to be prepared or reviewing a
  draft  environmental  impact  statement  or  an   environmental   impact
  statement  on  the  action which the applicant requests from the agency;
  provided, however, that an applicant may not be charged a  separate  fee
  for  both  the  preparation and review of such statements. The technical
  services of the  department  may  be  made  available  on  a  fee  basis
  reflecting  the costs thereof, to a requesting agency, which fee or fees
  may appropriately be charged by the agency to the applicant under  rules
  and regulations to be issued under section 8-0113.
    b. Such rules and regulations shall require the applicant to reimburse
  the  conservation  fund,  as  established pursuant to subdivision (a) of
  section eighty-three of the state finance law, in order to  recover  all
  costs  incurred  in  preparing  or causing to be prepared or reviewing a
  draft  environmental  impact  statement  or  an   environmental   impact
  statement  by employees of the department, whose salary and expenses are
  paid, in whole or in part, from the conservation fund.
    8. When an agency decides to carry out or approve an action which  has
  been  the subject of an environmental impact statement, it shall make an
  explicit finding that the requirements of this section have been met and
  that   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.

9. An environmental impact statement shall be prepared for any  action
  found to have a significant impact on the special groundwater protection
  area,  as  defined  in  section  55-0107 of this chapter. Such statement
  shall meet the requirements of the most  detailed  environmental  impact
  statement  required  by  this  section or by any such rule or regulation
  promulgated pursuant to this section.