N.Y. Comp. Codes R. & Regs. Tit. 21 § 3050.2 - Applicability and general rule

(a) The provisions of this Part effective as of the date prescribed in section 8-0117 of the act. This Part does not apply to actions undertaken or approved by the authority prior to such date specified in section 8-0117 of the act; provided, however, that if after such date specified in section 8-0117 of the act the authority proposes to modify an action undertaken or approved prior to such date, which modification may have a significant adverse effect on the environment, such modification shall be an action fully subject to this Part.

(b) All actions of the Onondaga County Water Authority shall be subject to this Part and the procedures contained in this Part shall be followed except actions undertaken or approved prior to the effective date of this Part, exempt acts, Type II actions and actions which are a part of, and in compliance with, a broad program of the authority which has been the subject of a single final EIS.

(c) No final decision to carry out or approve an action which may have a significant effect on the environment shall be made by the authority until after the filing of a final EIS for such action and until the authority has made the decision-making findings as are required in section 3050.10 of this Part and, in the case of an applicant, all requisite fees and costs have been paid by the applicant as provided in section 3050.12 of this Part.

(d) This Part does not apply to actions by private persons where no non-ministerial authority action is involved. This Part is intended to cover only actions of the authority or actions which must be approved, funded or otherwise acted upon by the authority.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 21 § 3050.2