N.Y. Comp. Codes R. & Regs. Tit. 21 § 1551.7 - Notices of completion of draft EIS's, public hearings and notices thereof

(a) Notices of completion of draft EIS's. Upon the completion of a draft EIS, the 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, the name and address of the lead agency and the name and telephone number of the officer who can provide further information;

(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) a statement requesting comments on the draft EIS to be received and considered by the committee. The notice shall specify the public review and comment period on the draft EIS, 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 EIS.

(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 the appropriate regional office of the department;

(ii) all persons who have requested it;

(iii) the State Clearinghouse and the relevant regional clearinghouse designated under Federal office of management and budget circular A-95; and

(iv) the subject SUNY 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; and

(v) in the files of SUCF.

(b) Filing and making available draft EIS's. All draft EIS's prepared by SUCF 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 SUCF and a copy to the subject SUNY campus;

(5) if other agencies are involved in the approval of the action; with each such agency; and

(6) all persons who have requested it.

(c) Public hearings on draft EIS's and notices thereof.

(1) Upon the completion of a draft EIS, the committee shall determine whether or not to conduct a public hearing on the draft EIS. In making this determination, the committee shall consider the requirements for hearings specified by other statutes or 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 SUCF decision making by providing a forum for, or an efficient mechanism for the collection of, public comment. Wherever practicable, a SEQR public hearing shall be made part of, or held in conjunction with, other public hearings on the project as may be conducted by SUCF 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. In either case the notice of hearing shall specify the time, place and purpose of 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 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) The hearing shall commence no less than 15 calendar days nor more than 60 calendar days after the filing of the draft EIS pursuant to subdivision (b) of this section, except as SUCF may otherwise provide where it determines that additional time is necessary for public or other agency review of the draft EIS or where a different hearing date is required as appropriate under applicable statute or regulation.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 21 § 1551.7