N.Y. Comp. Codes R. & Regs. tit. 16 § 1000.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1000.4 - Public involvement

(a) To ensure throughout the article 10 process that the board is fully aware of the concerns of stakeholders and that the board's consideration of an application is not delayed, it is the board's policy to require applicants to actively seek public participation throughout the planning, pre-application, certification, compliance, and implementation process. It is also the board's policy to encourage stakeholders to participate at the earliest opportunity in the review of the applicant's proposal so that their input can be considered.

(b) To ensure that the public and interested parties are fully assisted and advised in participating in the article 10 process, an office of public information coordinator has been created within DPS. Public information coordination shall include:

(1) implementing measures that assure public participation in matters before the board;

(2) responding to inquiries from the public for information on how to participate in matters before the board;

(3) assisting the public in requesting records relating to matters before the board;

(4) ensuring all interested persons are provided with a reasonable opportunity to participate at public meetings relating to matters before the board;

(5) ensuring that all necessary or required documents are available for public access on the DPS website; and

(6) any other duties as may be prescribed by the board, after consultation with DPS.

(c) Each applicant shall conduct a public involvement program that includes:

(1) consultation with the affected agencies and other stakeholders;

(2) pre-application activities to encourage stakeholders to participate at the earliest opportunity;

(3) activities designed to educate the public as to the specific proposal and the article 10 review process, including the availability of funding for municipal and local parties;

(4) the establishment of a website to disseminate information to the public;

(5) notifications; and

(6) activities designed to encourage participation by stakeholders in the certification and compliance process.

(d) Applicants shall submit a proposed public involvement program plan in writing to DPS for review as to its adequacy at least 150 days prior to the submittal of any preliminary scoping statement, except that for good cause shown upon motion, the secretary may reduce the minimum number of days to less than 150. An applicant's obligations regarding public involvement commence with this requirement. The plan shall indicate the steps the applicant commits to take to inform, engage, and solicit input from the local community, general public, and other stakeholders, including a schedule indicating when the steps will be taken. The plan shall also identify:

(1) any language other than English spoken according to United States census data by 5,000 or more persons residing in any 5-digit ZIP code postal zone in which any portion of such zone is located within the study area for the facility; and

(2) any language other than English spoken by a significant population of persons residing in close proximity to the proposed facility, alternative locations and interconnections not captured by paragraph (1) of this subdivision.

(e) DPS shall have 30 days after the date of the applicant's submittal to make written comments on the adequacy of the public involvement program plan. If deemed inadequate, DPS, in its comments, shall make specific written recommendations as to what measures are necessary to make the public involvement program plan adequate. Thereafter, the applicant shall within 30 days consider the measures recommended by DPS and, in a final written public involvement program plan filed with the secretary, shall as to each specific measure either revise the public involvement program plan to incorporate the DPS recommendation, or provide a written explanation as to why the applicant is not incorporating the DPS recommendation.

(f) The public involvement program plan for any potential application likely to require one or more consultations with operators of airports or heliports pursuant to section 1001.25(f) of this Title shall include as a component of the plan outreach to such operators to preliminarily inform them of the proposed facility and its location prior to the submission of the preliminary scoping statement.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 1000.4