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19 NYCRR 1263.1 - Definitions

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19 NYCRR 1263.2 - General rule

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No final council decision to carry out or approve an action shall be taken until there has been full compliance with the provisions of this Part and 6 NYCRR Part 617, including the payment to the division of all necessary fees.

19 NYCRR 1263.3 - Responsibilities of applicants

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(a)Each applicant to the council shall include in application documents, a SEQR data sheet in a form prescribed by the division describing and analyzing the environmental impacts of the proposed action. The SEQR data sheet shall contain sufficient information for the division to conduct an environmental analysis to determine, pursuant to section 1263.4 of this Part, whether the action may or will not have a significant effect on the environment. If, in the judgment of the division the information provided in the SEQR data sheet is insufficient to complete an adequate environmental analysis under SEQR, it may require the applicant to furnish additional information on the proposed action.

(b)Each application to the council shall include an identification of those other agencies, including Federal agencies, which to the best knowledge of the applicant, have jurisdiction by law over the action or any portion of it.

(c)Where appropriate, an applicant may include in application documents a concise statement of reasons why, in the judgment of the applicant, the proposed action is one which will not require the preparation of an EIS.

(d)Applicants shall consider the environmental impacts of proposed actions and alternatives at the earliest possible point in their planning processes and shall develop, wherever possible, measures to mitigate or avoid adverse environmental impacts.

19 NYCRR 1263.4 - Procedures prior to the preparation of draft EIS's; actions involving other agencies

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(a)Environmental analysis of actions involving applicants.

Within 15 calendar days after the receipt of a complete application and an adequate SEQR data sheet from an applicant, the division shall conduct an environmental analysis of the proposed action to determine whether the action may or will not have a significant effect on the environment, applying the criteria contained in and considering the lists of Type I and II actions in 6 NYCRR Part 617 and in section 1263.14 of this Part. The division shall provide written notification to the applicant of the council's determination of whether the action may or will not have a significant effect on the environment

(b)Environmental review of actions to be carried out or undertaken by the division.

As early as possible in formulation and design of an action to be carried out or undertaken directly by the council, the division shall conduct an environmental analysis of the proposed action to determine whether the action may or will not have a significant effect on the environment, applying the criteria contained in 6 NYCRR 617.9 and considering the lists of Type I and II actions in 6 NYCRR Part 617 and in section 1263.14 of this Part.

(c)Determination of no significant effect-negative declarations.

If the council determines that

(1)the action is not an exempt action or a Type II action and that;

(2)the action will not have a significant effect on the environment, the division shall prepare, circulate, file and make available for public inspection a negative declaration as provided in subdivisions (b) and (i) of this section. In addition, the division shall prepare, file and make available for public inspection in its central office a statement setting forth the reasons supporting the determination.

(d)Determination of significant effect-notice of determination.

If the council determines that (1) the action is not an exempt action or a Type I action, (2) that the action may have a significant effect on the environment and that (3) the action does not involve other agencies, the division shall immediately prepare, file and circulate a notice of determination as provided in subdivision (i) of this section, and, in the case of an action involving an applicant, immediately and in writing request the applicant to prepare a draft EIS. As soon as possible thereafter, the applicant shall notify the division in writing whether it will prepare the draft EIS or whether it wishes the division to prepare it. The division shall prepare an EIS for an action involving an applicant only when practicable considering existing staff and resources and when the public interest will thereby be served.

(e)If the council determines that (1) the action is not a Type II action, (2) the action may have a significant effect on the environment and that (3) the action involves other agencies, the division shall immediately prepare and file a notice of determination as provided in subdivisions (h) and (i) of this section and shall immediately notify such other involved agencies, including Federal agencies, of the council's determination, request the coordination of reviews by the agencies, and inform them of the need to resolve which agency shall be the lead agency.

If it is determined that the council is the lead agency, the procedures of subdivision (d) of this section relating to a request for a draft EIS and notification of the division shall be followed.

(f)When an applicant notifies the division in writing pursuant to subdivision (d) of this section that it declines to prepare the draft EIS, the applicant shall provide, on the request of the division, an environmental report to assist the division in preparing or causing to be prepared the draft EIS and such other information at any time as may be necessary for full compliance with this Part.

(g)If the council is not the lead agency for an action that may have a significant effect on the environment, the division shall

(1)provide its views where appropriate and, to the extent practical, provide appropriate technical analysis and support; and

(2)make written findings pursuant to subdivision (b) of section 1263.10 of this Part.

(h)Contents of negative declarations and notices of determinations.

All negative declarations and notices of determinations shall contain the following:

(1)an action identifying number;

(2)a brief description of action;

(3)In an application pursuant to section 1076.2 of Title 9 NYCRR, the location of the action (county and city, town or village);

(4)in the case of a negative declaration, a statement that the council has determined that the action will not have a significant effect on the environment; and

(5)in the case of a notice of determination, a brief description of the possible significant effects of the action.

(i)Filing and circulating negative declarations and notices of determinations.

All negative declarations and notices of determinations shall be filed and circulated as follows:

(1)with the commissioner;

(2)with the central or appropriate regional office of the department; and

(3)with other agencies involved in the action.

(4)at the central office of the division.

19 NYCRR 1263.5 - Notices of completion of draft EIS's and circulating, filing and availability thereof; circulation, filing and availability of draft EIS's public hearings and notices thereof

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(a)Notices of completion of draft EIS's.

Upon the completion of a draft EIS, the division 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.

(1)Contents of notices of completion.

All notices of completion shall contain the following:

(i)an action identifying number;

(ii)a brief description of the action;

(iii)In an application pursuant to section 1076.2 of Title 9 NYCRR, the location of the action and its potential impacts and effects (county and city, town, or village); and

(iv)a statement that comments on the draft EIS are requested and will be received and considered by the council at the central office of the division. 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 action;

(ii)all persons who have requested it;

(iii)the editor of the

State Bulletin;

(iv)the State Clearing House;

(v)In an application pursuant to section 1076.2 of Title 9 NYCRR, the appropriate regional clearinghouse designated under the Federal Office of Management and Budget circular A-95;

(3)Filing notices of completion.

All notices of completion shall be filed and available for public inspection as follows:

(i)with the commissioner;

(ii)with the central or appropriate regional office of the department;

(iii)with the county clerk whose jurisdiction most closely coincides with the location of the action and its potential impacts and effects;

(iv)at the central office of the division.

(b)Filing and making available draft EIS's.

All draft EIS's prepared by or at the request of the division shall be filed with and made available for public inspection as follows:

(1)with the commissioner;

(2)with the central or appropriate regional office of the department;

(3)with the county clerk whose jurisdiction most closely coincides with the location of the action and its potential impacts and effects;

(4)at the central office of the division.

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

(1)The council shall conduct a public hearing on the action in conjunction with the hearing on the draft EIS, except no hearing is required to be held on applications pursuant to section 1076.2 of Title 9 NYCRR.

(2)Notice of the hearing shall be contained in the notice of public hearing issued pursuant to section 377 of the Executive Law. Where appropriate, the notice of hearing shall also be published at least 10 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 action.

(3)The hearing shall commence no less than 15 calendar days after the filing of the draft EIS pursuant to subdivision (b) of this section, except as the agency 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.

19 NYCRR 1263.6 - Final EIS procedures

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(a)Except as provided in paragraphs (1) and (2) of this subdivision, the division shall prepare or cause to be prepared a final EIS within 45 calendar days after the close of any hearing or within 60 calendar days after the filing of the draft EIS, whichever last occurs.

(1)If the proposed action has been withdrawn or if, on the basis of the draft EIS or a hearing, the council has determined that the action will not have a significant effect on the environment, no final EIS shall be prepared.

(2)The division may extend the last date for preparation of the final EIS (i) where it determines that additional time is necessary to complete the statement adequately, or (ii) to meet the requirements of other statutes or regulations, or (iii) where problems with the proposed action requiring material reconsideration or modification have been identified, or (iv) for other good cause.

(3)The final EIS shall reflect a revision and updating of the matters contained in the draft EIS in the light of further council review, comments received and the record of any hearing.

(b)Immediately upon the completion of a final EIS, the division shall prepare, file, circulate and make available for public inspection a notice of completion of a final EIS in the manner specified in subdivisions (a) and (b) of section 1263.15 of this Part, provided however, that the notice shall not contain the statement described in subparagraph (iv) of paragraph (1) of subdivision (a) of such section.

(c)Immediately upon completion of a final EIS, copies shall be filed and made available for review in the same manner as the draft EIS pursuant to subdivision (b) of section 1400.5 of this Part.

19 NYCRR 1263.7 - Actions involving Federal participation

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(a)If an action under consideration by the division may involve a “major Federal action significantly affecting the quality of the human environment under the National Environmental Policy Act of 1969,” then the procedures specified in this section shall be followed.

(b)In the case of an action for which there has duly been prepared under the National Environmental Policy Act of 1969, both a draft environmental impact statement and a final environmental impact statement, the division shall have no obligation to prepare a SEQR EIS or to make findings pursuant to section 1263.10 of this Part, provided that such environmental impact statements either contain or are supplemented by the matters described in paragraphs (7) and (8) of subdivision (d) of relating to growth inducement and energy use and conservation

(c)In the case of an action for which has been prepared a negative declaration or other written threshold determination that the action will not require a Federal impact statement under the National Environmental Policy Act of 1969, the council shall determine whether or not the action may have a significant effect on the environment pursuant to article 8 of the Environmental Conservation Law, 6 NYCRR Part 617 and this Part and the action shall be fully subject to such law and rule and regulations.

19 NYCRR 1263.8 - Actions undertaken or approved prior to the effective date of article 8 of the Environmental Conservation Law

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(a)Except as provided in subdivision (b) of this section, no environmental impact statement shall be required for actions undertaken or approved prior to the effective date of article 8 of the Environmental Conservation Law.

(b)If, after the effective date of article 8 of the Environmental Conservation Law, the council 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.

19 NYCRR 1263.9 - Contents of EIS's

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All draft and final EIS's prepared by or at the request of the division shall contain the information specified in

19 NYCRR 1263.10 - Decision making

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(a)No decision to carry out or approve an action which may have a significant effect on the environment shall be made by the council until after the filing and consideration of a final EIS. When the council is the lead agency, its decision whether or not to approve an action which has been the subject of an EIS shall be made within 30 calendar days of the filing of a final EIS.

(b)When the council decides to carry out or approve an action which may have a significant effect on the environment, it shall make the following findings in a written decision:

(1)consistent with social, economic and other essential considerations of State policy, from among the reasonable alternatives thereto, the action to be carried out or approved is one which minimizes or avoids adverse environmental effects to the maximum extent possible, including the effects disclosed in the relevant environmental impact statement; and

(2)consistent with social, economic and other considerations of State policy, all practicable means will be taken in carrying out or approving the action to minimize or avoid adverse environmental effects.

(c)No final council decision to approve or disapprove an action that may have significant effect on the environment and which involves an applicant shall be made until all required fees have been paid by the applicant to the council.

(d)For public information purposes, a copy of the decision shall be filed immediately in the same manner as the draft EIS as prescribed in subdivision (b) of section 1263.5 of this Part.

19 NYCRR 1263.11 - Filing of environmental documents

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The division shall maintain files in its central office available for public inspection of all negative declarations, notices of determinations of significance, notices of completion of draft and final EIS, and decisions it has prepared or caused to be prepared. Copies of draft and final EIS's shall be available to the public at a cost not to exceed the actual cost of duplication.

19 NYCRR 1263.12 - Fees and costs

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The council shall establish fees and charges for all work pursuant to this Part, based upon actual cost as determined by the division, consistent with law.

19 NYCRR 1263.13 - Effective date

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This Part shall take effect on September 1, 1976.

19 NYCRR 1263.14 - Lists of actions

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(a)The purpose of this section is to simplify the task of determining whether or not a proposed action may have a significant effect on the environment by identifying actions or classes of actions that are likely to have a significant effect and those which will not have a significant effect.

(b)Because of the complex and varied nature of actions, the lists in this section are not all inclusive. The omission from the lists of an action does not mean that it is exempt from this Part, nor does it mean that it is automatically an action requiring environmental impact statement preparation.

(c)The criteria set forth in section and criteria included in and this Part shall be used to determine significance with respect to actions not listed in this section. The following classification system is used in this section:

(1)Type I.

Actions or classes of actions that are likely to require preparation of environmental impact statements because they will in almost every instance have a significant effect on the environment.

(2)Type II.

Actions or classes of actions which have been determined not to have a significant effect on the environment and which do not require environmental impact statements or are exempt action.

(d)This Part does not apply to actions by private persons where no non-ministerial agency action is involved. The following lists are intended to cover only actions which must be approved by the council.

(1)Type I.

Type I actions or classes of direct actions that are likely to, but will not necessarily, require preparation of environmental impact statements because they will in almost every instance have a significant effect on the environment. The following are Type I actions or classes of actions:

(i)Amendments to:

(a)State Building Construction Code.

(b)Standards, rules and regulations for factory manufactured homes, section 1076.6, Standards and requirements (Title 9 NYCRR), and section 1076.2, Local enforcement agency (Title 9 NYCRR).

(c)Standards for installation of mobile homes.

(ii)Standards for construction of mobile homes.

(2)Type II. Type II actions or classes of direct actions that have been determined not to have a significant effect on the environment or are exempt actions, and do not require an environmental impact statements under this Part. The following are Type II actions or classes of actions:

(i)State Building Construction and Fire Prevention Codes.

(ii)Amendments to standards, rules and regulations for factory manufactured homes except as specified as Type I.

(iii)Code manual for the State Building Construction Code.

(iv)Generally accepted standards for the State Building Construction Code, and standards for construction and installation of mobile homes.

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