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(a) [See also City Planning Rules 62 RCNY § 5-04(e)] If an action under consideration by an agency may involve a "major federal action significantly affecting the quality of the human environment under the National Environmental Policy Act of 1969," then the following procedures shall apply:
(1) in the case of an action for which there has been duly prepared both a draft EIS and a final EIS, no agency shall have an obligation to prepare an EIS or to make findings pursuant to 43 RCNY § 6-12.
(2) in the case of an action for which there 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 lead agencies shall determine whether or not the action may have a significant effect on the environment pursuant to this chapter, and the action shall be fully subject to the same.
(b) [Inapplicable, City Planning Rules 62 RCNY § 5-02(a). Entire subdivision (b) superseded by City Planning Rules 62 RCNY § 5-03(j) and 62 RCNY § 5-04(d).] If an action under consideration by any agency may involve any state action which may have a significant effect on the environment under SEQRA, pursuant to which a state agency is required to comply with the procedures specified in 6 NYCRR 617, then the determination as to whether the state agency or the lead agencies shall be responsible for the environmental review shall be made on the basis of the following criteria:
(1) the agency to first act on the proposed action;
(2) a determination of which agency has the greatest responsibility for supervising or approving the action as a whole;
(3) a determination of which agency has the more general governmental powers as compared to single or limited powers or purposes;
(4) a determination of which agency has the greatest capability for providing the most thorough environmental assessment of the action;
(5) a determination of whether the anticipated impacts of the action being considered are primarily of statewide, regional or local concern, e.g., if such impacts are primarily of local concern, the lead agencies shall conduct the environmental review. If this determination cannot be made within 30 days of the filing of an application, the Commissioner of DEC shall be requested, in writing, to make such determination.
[See also City Planning Rules 62 RCNY § 5-02(d).] The following actions shall not be subject to the provisions of this chapter:
(a) projects or activities classified as Type I pursuant to 43 RCNY § 6-15 directly undertaken or funded by an agency prior to June 1, 1977 except that if such action is sought to be modified after June 1, 1977, which modification may have a significant adverse effect on the environment, then such modification shall be an action fully subject to the requirements of [this chapter];
(1) such actions include, but are not limited to, those actions defined in 43 RCNY § 6-09. "Action" (1), (2), (3) and (4) of this chapter;
(2) an action shall be deemed to be undertaken at the point that:
(i) the agency is irreversibly bound or committed to the ultimate completion of a specifically designed activity or project; or
(ii) in the case of construction activities, a contract for substantial construction has been entered into or if a continuous program of on-site construction or modification has been engaged in; or
(iii) the agency gives final approval for the issuance to an applicant of a discretionary contract, grant, subsidy, loan or other form of financial assistance; or
(iv) in the case of an action involving federal or state participation, a draft EIS has been prepared pursuant to the National Environmental Policy Act of 1969 or SEQRA, respectively.
(b) projects or activities classified as Type I pursuant to 43 RCNY § 6-15 of this chapter approved by an agency prior to September l, 1977 except that if such action is sought to be modified after September 1, 1977, which modification may have a significant adverse effect on the environment, then such modification shall be an action fully subject to the requirements of this chapter;
(1) such actions include, but are not limited to, those actions defined in 43 RCNY § 6-02, "Action" (2) and (5) of this chapter;
(2) an action shall be deemed to be approved at the point that:
(i) the agency gives final approval for the issuance to an applicant of a discretionary contract, grant, subsidy, loan or other form of financial assistance; or
(ii) the agency gives final approval for the issuance to an applicant of a discretionary lease, permit, license, certificate or other entitlement for use or permission to act; or
(iii) in the case of an action involving federal or state participation, a draft EIS has been prepared pursuant to the National Environmental Policy Act of 1969 or SEQRA, respectively.
(c) projects or activities not otherwise classified as Type I pursuant to 43 RCNY § 6-15 directly undertaken, funded or approved by an agency prior to November 1, 1978 except that if such action is sought to be modified after November 1, 1978, which modification may have a significant adverse effect on the environment, then such modification shall be an action fully subject to the requirements of this chapter;
(1) such actions include, but are not limited to, those actions defined in 43 RCNY § 6-02 "Action" of this chapter;
(2) an action shall be deemed to be undertaken as provided in paragraphs (a)(2) and (b)(2) of this section, as applicable.
(d) enforcement or criminal proceedings or the exercise of prosecutorial discretion in determining whether or not to institute such proceedings;
(f) maintenance or repair involving no substantial changes in existing structures or facilities;
(g) actions subject to the provisions requiring a certificate of environmental compatibility and public need in Article 7 and 8 of the Public Service Law;
(h) actions which are immediately necessary on a limited emergency basis for the protection or preservation of life, health, property or natural resources; and
(i) actions of the Legislature of the State of New York or of any court.
(a) [Inapplicable, City Planning Rules 62 RCNY § 5-02(a). Superseded by City Planning Rules 62 RCNY § 5-05(a). See also City Planning Rules 62 RCNY § 5-02(b)(2) and 62 RCNY § 5-02(d).] Each agency shall ascertain whether an application need be filed pursuant to this section, employing lists of actions, classified as either exempt, Type I or Type II pursuant to 43 RCNY §§ 6-04
and 6-15
, respectively, which lists shall be certified by the lead agencies.
(b) [Introductory paragraph inapplicable, City Planning Rules 62 RCNY § 5-02(a). Paragraph (b) superseded by City Planning Rules 62 RCNY § 5-08.] The applicant initiating the proposed action, other than an exempt or Type II action pursuant to 43 RCNY § 6-04, shall file an application with the lead agencies, which application shall include a Project Data Statement and such other documents and additional information as the lead agencies may require to conduct an environmental analysis to determine whether the action may or will not have a significant effect on the environment. Where possible existing City applications shall be modified to incorporate this procedure and a one-stop review process developed;
(1) within 20 calendar days of receipt of a determination pursuant to 43 RCNY § 6-03(b), if applicable, the lead agencies shall notify the applicant, in writing, whether the application is complete or whether additional information is required;
(2) [Determination pursuant to City Planning Rules 62 RCNY § 5-03(b) deemed to refer to lead agency selection pursuant to City Planning Rules 62 RCNY § 5-03. See City Planning Rules 62 RCNY § 5-02(b)(3).] when all required information has been received, the lead agencies shall notify the applicant, in writing, that the application is complete.
(c) Each application shall include an identification of those agencies, including federal or state agencies, which to the best knowledge of the applicant, have jurisdiction by law over the action or any portion thereof.
(d) Where appropriate, the application documents may include a concise statement or reasons why, in the judgment of the applicant, the proposed action is one which will not require the preparation of an EIS pursuant to this chapter.
(e) Initiating 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. A statement discussing such considerations, alternatives and mitigating measures shall be included in the application documents.
(f) Nothing in this section shall be deemed to prohibit an applicant from submitting a preliminary application in the early stages of a project or activity for review and comment by the lead agencies.
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