N.Y. Comp. Codes R. & Regs. Tit. 6 § 617.11 - Decision-making and findings requirements
(a) Prior to the lead agency's decision on an
action that has been the subject of a final EIS, it shall afford agencies and
the public a reasonable time period (not less than 10 calendar days) in which
to consider the final EIS before issuing its written findings statement. If a
project modification or change of circumstance related to the project requires
a lead or involved agency to substantively modify its decision, findings may be
amended and filed in accordance with section
617.12(b)
of this Part.
(b) In the case of an
action involving an applicant, the lead agency's filing of a written findings
statement and decision on whether or not to fund or approve an action must be
made within 30 calendar days after the filing of the final EIS.
(c) No involved agency may make a final
decision to undertake, fund, approve or disapprove an action that has been the
subject of a final EIS, until the time period provided in subdivision (a) of
this section has passed and the agency has made a written findings statement.
Findings and a decision may be made simultaneously.
(d) Findings must:
(1) consider the relevant environmental
impacts, facts and conclusions disclosed in the final EIS;
(2) weigh and balance relevant environmental
impacts with social, economic and other considerations;
(3) provide a rationale for the agency's
decision;
(4) certify that the
requirements of this Part have been met; and
(5) certify that consistent with social,
economic and other essential considerations from among the reasonable
alternatives available, the action is one that avoids or minimizes adverse
environmental impacts to the maximum extent practicable, and that adverse
environmental impacts will be avoided or minimized to the maximum extent
practicable by incorporating as conditions to the decision those mitigative
measures that were identified as practicable.
(e) No state agency may make a final decision
on an action that has been the subject of a final EIS and is located in the
coastal area until the agency has made a written finding that the action is
consistent with applicable policies set forth in 19 NYCRR 600.5. When the
Secretary of State has approved a local government waterfront revitalization
program, no state agency may make a final decision on an action, that is likely
to affect the achievement of the policies and purposes of such program, until
the agency has made a written finding that the action is consistent to the
maximum extent practicable with that local waterfront revitalization
program.
Notes
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