N.Y. Comp. Codes R. & Regs. tit. 8 § 314.5

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

Section 314.5 - Procedures prior to the preparation of draft environmental impact statements

(a) Environmental review of proposed actions. The environmental quality review committee, upon issuing a negative declaration or a notice of determination, shall immediately file such determination as follows:

(1) with the appropriate regional office of the Department of Environmental Conservation; and

(2) with the Commissioner of Environmental Conservation; and

(3) in the files of State University of New York and a copy to the subject State University of New York campus.

(b) Determination of no significant effect--negative declaration. If the environmental quality review committee determines that the project will not have a significant effect on the environment, it shall prepare, circulate, file and make available for public inspection a negative declaration with a statement setting forth the reasons supporting its determination.

(c) Determination of significant effect--notice of determination. If the environmental quality review committee determines that the project may have a significant effect on the environment, it shall immediately have prepared and filed a notice of determination as provided in subdivision (e) of this section. If the project involves other agencies, the environmental quality review committee shall notify such other involved agencies including Federal agencies, of its determination, request the coordination of reviews by the agencies, and inform them of the need to resolve which agency shall be the lead agency in accordance with 6 NYCRR Part 617.

(d) State University--non-lead agency status. If State University of New York is not the lead agency for a project that may have a significant effect on the environment, it shall

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

(2) make written findings pursuant to 6 NYCRR 617.9.

(e) Contents of negative declaration and notices of determination. All negative declarations and notices of determination shall contain the following:

(1) a project identifying number;

(2) a brief description of the project;

(3) the location of the project (county and city, town or village);

(4) in the case of a negative declaration, a statement that the environmental quality review committee has determined that the project will not have a significant effect on the environment;

(5) in the case of a notice of determination, a brief description of the possible significant effects of the project; and

(6) the name and address of the lead agency and the name and telephone number of an officer who can provide further information.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 314.5