S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1323
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 12, 2015
                                      ___________
       Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
         when printed to be committed to the Committee on Environmental Conser-
         vation
       AN ACT to amend the environmental conservation law, in relation to envi-
         ronmental impact statements
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivisions 6, 7 and 8 of section 8-0105 of the environ-
    2  mental conservation law, as amended by chapter 228 of the laws of  1976,
    3  are amended to read as follows:
    4    6.  "Environment OR ENVIRONMENTAL" means the physical conditions which
    5  will be affected by a  proposed  action,  including  land,  air,  water,
    6  minerals,  flora, fauna, noise, objects of historic or aesthetic signif-
    7  icance, existing patterns of population concentration, distribution,  or
    8  growth, and existing community or neighborhood character.  "ENVIRONMENT"
    9  AND  "ENVIRONMENTAL" SHALL INCLUDE THE SOCIAL, ECONOMIC, AND INFRASTRUC-
   10  TURAL IMPACTS ON THE PHYSICAL CONDITIONS AFFECTED BY A  PROPOSED  ACTION
   11  OR  ACTIONS.  "ENVIRONMENT" AND "ENVIRONMENTAL" SHALL ENCOMPASS ADVERSE,
   12  BENEFICIAL AND CUMULATIVE IMPACTS TO HUMAN HEALTH, LAND,  AIR,  SUNLIGHT
   13  AND  PATTERN, MINERALS, FLORA, FAUNA, WATER, NATURAL HABITATS, WETLANDS,
   14  FLOODPLAINS, WATERSHED, SEWERAGE SYSTEMS, NOISE, EXISTING AND  IMPENDING
   15  POPULATION  CONCENTRATIONS  AND  GROWTH  PATTERNS, EXISTING COMMUNITY OR
   16  NEIGHBORHOOD CHARACTER, NEIGHBORHOOD AMENITIES, POLICE AND FIRE  DEPART-
   17  MENTS,  HOSPITALS,  ELEMENTARY  AND  SECONDARY  SCHOOLS,  PUBLIC TRANSIT
   18  SYSTEMS, ROADS AND ROADWAY PATTERNS, PUBLIC PARKING,  PARKS  AND  PUBLIC
   19  RECREATIONAL  FACILITIES,  AND RESOURCES OF AGRICULTURAL, HISTORIC LAND-
   20  MARK AND AESTHETIC SIGNIFICANCE.
   21    7. "DRAFT ENVIRONMENTAL IMPACT STATEMENT" MEANS A DETAILED PRELIMINARY
   22  REPORT TO BE PREPARED AT THE INCEPTION OF PROPOSED ACTIONS THAT  DELINE-
   23  ATES THE ENVIRONMENTAL IMPACT PROPOSED ACTIONS WILL HAVE ON THE SPECIFIC
   24  LOCATION  AND  WITHIN  A  ONE-HALF  MILE  RADIUS  AROUND THE LOCATION OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02777-01-5
       S. 1323                             2
    1  PROPOSED ACTIONS; TO INFORM THE PUBLIC  AND  OTHER  PUBLIC  AGENCIES  AS
    2  EARLY  AS  POSSIBLE ABOUT PROPOSED ACTIONS THAT MAY SIGNIFICANTLY AFFECT
    3  THE QUALITY OF THE ENVIRONMENT;  AND  TO  SOLICIT  COMMENTS  WHICH  WILL
    4  ASSIST  THE  AGENCY  IN  THE  DECISION MAKING PROCESS IN DETERMINING THE
    5  ENVIRONMENTAL CONSEQUENCES OF THE PROPOSED ACTION. THE  DRAFT  STATEMENT
    6  SHALL RESEMBLE IN FORM AND CONTENT THE ENVIRONMENTAL IMPACT STATEMENT TO
    7  BE PREPARED AFTER COMMENTS HAVE BEEN RECEIVED AND CONSIDERED PURSUANT TO
    8  SUBDIVISION  TWO  OF SECTION 8-0109 OF THIS ARTICLE; HOWEVER, THE LENGTH
    9  AND DETAIL OF  THE  DRAFT  ENVIRONMENTAL  STATEMENT  SHALL  REFLECT  THE
   10  PRELIMINARY  NATURE  OF  THE PROPOSAL AND THE EARLY STAGE AT WHICH IT IS
   11  PREPARED.
   12    8. "ENVIRONMENTAL ASSESSMENT REPORT" MEANS  A  FORM  COMPLETED  BY  AN
   13  APPLICANT  TO  ASSIST AN AGENCY IN DETERMINING THE ENVIRONMENTAL SIGNIF-
   14  ICANCE OF A PROPOSED ACTION AND  SHALL  CONTAIN  ENOUGH  INFORMATION  TO
   15  DESCRIBE  THE  PROPOSED  ACTION, ITS LOCATION, PURPOSE AND THE POTENTIAL
   16  IMPACT ON THE ENVIRONMENT AT THE SPECIFIC LOCATION AND WITHIN A ONE-HALF
   17  MILE RADIUS AROUND THE LOCATION OF THE PROPOSED ACTION.
   18    9. "[Environmental] FINAL  ENVIRONMENTAL  impact  statement"  means  a
   19  detailed  statement  setting  forth  the  matters  specified in [section
   20  8-0109 of this article] SUBDIVISION SEVEN OF THIS SECTION.  It  includes
   21  any  comments  on  a  draft  environmental  statement which are received
   22  pursuant to section 8-0109 of this article, and the agency's response to
   23  such comments, to  the  extent  that  such  comments  raise  issues  not
   24  adequately resolved in the draft environmental statement.
   25    [8.  "Draft environmental impact statement" means a preliminary state-
   26  ment prepared pursuant to section 8-0109 of this article.]
   27    S 2. Section 8-0109 of the environmental conservation law, as  amended
   28  by  chapter 252 of the laws of 1977, subdivisions 2 and 4 as amended and
   29  subdivision 9 as added by chapter 219 of the laws of 1990, paragraph (h)
   30  of subdivision 2 as amended by chapter 519 of the laws  of  1992,  para-
   31  graph  (i) of subdivision 2 as added by chapter 182 of the laws of 1990,
   32  paragraph (i) of subdivision 2 and the fourth undesignated paragraph  of
   33  subdivision  4  as amended by chapter 238 of the laws of 1991, the fifth
   34  undesignated paragraph of subdivision 4 and subdivision 6 as amended  by
   35  chapter  641 of the laws of 2005, the opening paragraph of subdivision 5
   36  as amended by chapter 749 of the laws  of  1991  and  subdivision  7  as
   37  amended  by  chapter  336  of  the  laws  of 1987, is amended to read as
   38  follows:
   39  S 8-0109. Preparation of DRAFT AND FINAL environmental impact statement.
   40    1. Agencies shall use all practicable means to  realize  the  policies
   41  and  goals  set forth in this article, and shall act and choose alterna-
   42  tives which, consistent with ENVIRONMENTAL,  social,  economic,  INFRAS-
   43  TRUCTURAL  and  other  essential  considerations,  to the maximum extent
   44  practicable, minimize or avoid adverse [environmental] effects,  includ-
   45  ing  effects revealed in the DRAFT AND FINAL environmental impact state-
   46  ment process.
   47    2. All agencies (or applicant as hereinafter provided) shall  prepare,
   48  or  cause to be prepared by contract or otherwise [an] A DRAFT AND FINAL
   49  environmental impact statement on any action  they  propose  or  approve
   50  which  may OR SHALL have a significant effect on the environment. Such a
   51  statement shall include a detailed statement setting forth  the  follow-
   52  ing:
   53    (a)  a  description  of  the  proposed  action  and  its environmental
   54  setting;
   55    (b) the SHORT-TERM AND LONG-TERM environmental impact of the  proposed
   56  action [including short-term and long-term effects] AND THE IMPACT WITH-
       S. 1323                             3
    1  IN  AN AREA INCLUDING, BUT NOT LIMITED TO, A ONE-HALF MILE RADIUS AROUND
    2  THE LOCATION OF THE PROPOSED ACTION;
    3    (c)  any  adverse environmental effects which cannot be avoided should
    4  the proposal be implemented;
    5    (d) alternatives to the proposed action;
    6    (e) any irreversible and irretrievable commitments of resources  which
    7  would be involved in the proposed action should it be implemented;
    8    (f) mitigation measures proposed to minimize the environmental impact;
    9    (g) the growth-inducing aspects of the proposed action, where applica-
   10  ble and significant;
   11    (h)  effects  of  the  proposed  action on the use and conservation of
   12  energy resources, where applicable and significant, provided that in the
   13  case of an electric generating facility, the statement shall  include  a
   14  demonstration that the facility will satisfy electric generating capaci-
   15  ty needs or other electric systems needs in a manner reasonably consist-
   16  ent with the most recent state energy plan;
   17    (i)  effects of proposed action on solid waste management where appli-
   18  cable and significant. THE STATEMENT SHALL INCLUDE A DEMONSTRATION  THAT
   19  SOLID  WASTE  DISPOSAL  FACILITIES MEET OR EXCEED THE CAPACITY NECESSARY
   20  FOR THE PROPOSED ACTION AND IN A MANNER CONSISTENT WITH  SOUND,  COMPRE-
   21  HENSIVE SOLID WASTE MANAGEMENT PLANNING; [and
   22    (i)]  (J) effects of any proposed action on, and its consistency with,
   23  the comprehensive management plan of the special groundwater  protection
   24  area  program,  as  implemented  by the commissioner pursuant to article
   25  fifty-five of this chapter; [and
   26    (j)] (K) EFFECTS OF ANY PROPOSED ACTION ON, AND ITS CONSISTENCY  WITH,
   27  A MUNICIPALITY'S COMPREHENSIVE PLAN; AND
   28    (L)  such other information consistent with the purposes of this arti-
   29  cle as may be prescribed in guidelines issued by the commissioner pursu-
   30  ant to section 8-0113 of this [chapter] ARTICLE.
   31    [Such a statement shall also  include  copies  or  a  summary  of  the
   32  substantive comments received by the agency pursuant to subdivision four
   33  of  this  section, and the agency response to such comments. The purpose
   34  of an environmental impact statement is to provide detailed  information
   35  about  the effect which a proposed action is likely to have on the envi-
   36  ronment, to list ways in which any adverse effects  of  such  an  action
   37  might  be minimized, and to suggest alternatives to such an action so as
   38  to form the basis for a decision whether or not to undertake or  approve
   39  such  action.  Such  statement  should  be  clearly written in a concise
   40  manner capable of being read and understood by the public,  should  deal
   41  with the specific significant environmental impacts which can be reason-
   42  ably  anticipated and should not contain more detail than is appropriate
   43  considering the nature and magnitude of  the  proposed  action  and  the
   44  significance of its potential impacts.]
   45    3.  An  agency  may  require  an  applicant to submit an environmental
   46  ASSESSMENT report to assist the agency in carrying out its  responsibil-
   47  ities,  including  the  initial  determination and, (where the applicant
   48  does not prepare the DRAFT environmental impact statement), the prepara-
   49  tion of [an] THE DRAFT environmental impact statement under  this  arti-
   50  cle.  The  agency  may  request such other information from an applicant
   51  necessary for the review of environmental impacts.  Notwithstanding  any
   52  use  of  outside  resources or work, agencies shall make their own inde-
   53  pendent judgment of the scope, contents and adequacy of [an]  THE  DRAFT
   54  environmental impact statement.
   55    (A)  THE PURPOSE OF A DRAFT ENVIRONMENTAL STATEMENT IS TO RELATE ENVI-
   56  RONMENTAL IMPACTS OF THE PROPOSED ACTIONS AT THE INCEPTION OF THE  PLAN-
       S. 1323                             4
    1  NING PROCESS, TO INFORM THE PUBLIC AND OTHER PUBLIC AGENCIES AS EARLY AS
    2  POSSIBLE ABOUT PROPOSED ACTIONS THAT MAY SIGNIFICANTLY AFFECT THE QUALI-
    3  TY  OF THE ENVIRONMENT AS DEFINED IN SECTION 8-0105 OF THIS ARTICLE, AND
    4  TO  SOLICIT COMMENTS WHICH WILL ASSIST THE AGENCY IN THE DECISION MAKING
    5  PROCESS IN DETERMINING THE ENVIRONMENTAL CONSEQUENCES  OF  THE  PROPOSED
    6  ACTION.
    7    (B)  THE  PURPOSE  OF  AN ENVIRONMENTAL IMPACT STATEMENT IS TO PROVIDE
    8  DETAILED INFORMATION ABOUT THE EFFECT WHICH A PROPOSED ACTION IS  LIKELY
    9  TO HAVE ON THE ENVIRONMENT, TO LIST WAYS IN WHICH ANY ADVERSE EFFECTS OF
   10  SUCH  AN  ACTION MIGHT BE MINIMIZED, AND TO SUGGEST ALTERNATIVES TO SUCH
   11  AN ACTION SO AS TO FORM THE BASIS FOR  A  DECISION  WHETHER  OR  NOT  TO
   12  UNDERTAKE OR APPROVE SUCH ACTION. SUCH STATEMENT SHOULD BE CLEARLY WRIT-
   13  TEN  IN  A  CONCISE  MANNER  CAPABLE OF BEING READ AND UNDERSTOOD BY THE
   14  PUBLIC, SHOULD DEAL WITH THE SPECIFIC SIGNIFICANT ENVIRONMENTAL  IMPACTS
   15  WHICH  CAN  BE REASONABLY ANTICIPATED AND SHOULD NOT CONTAIN MORE DETAIL
   16  THAN IS APPROPRIATE CONSIDERING THE NATURE AND MAGNITUDE OF THE PROPOSED
   17  ACTION AND THE SIGNIFICANCE OF ITS POTENTIAL IMPACTS. SUCH  A  STATEMENT
   18  SHALL  ALSO  INCLUDE  COPIES  OR  A  SUMMARY OF THE SUBSTANTIVE COMMENTS
   19  RECEIVED BY THE AGENCY PURSUANT TO SUBDIVISION TWO OF THIS SECTION,  AND
   20  THE AGENCY RESPONSE TO SUCH COMMENTS.
   21    (I) AN ENVIRONMENTAL IMPACT STATEMENT SHALL BE PREPARED FOR ANY ACTION
   22  FOUND TO HAVE A SIGNIFICANT IMPACT ON THE SPECIAL GROUNDWATER PROTECTION
   23  AREA,  AS  DEFINED  IN  SECTION  55-0107 OF THIS CHAPTER. SUCH STATEMENT
   24  SHALL MEET THE REQUIREMENTS OF THE MOST  DETAILED  ENVIRONMENTAL  IMPACT
   25  STATEMENT  REQUIRED  BY  THIS  SECTION OR BY ANY SUCH RULE OR REGULATION
   26  PROMULGATED PURSUANT TO THIS SECTION.
   27    (II) FOR ANY ACTION FOR WHICH THE AGENCY DETERMINES THAT  SUCH  STATE-
   28  MENT IS NOT REQUIRED AND WHICH WOULD TAKE PLACE IN A SPECIAL GROUNDWATER
   29  PROTECTION  AREA,  AS  DEFINED  IN  SECTION 55-0107 OF THIS CHAPTER, THE
   30  AGENCY SHALL SHOW HOW SUCH ACTION WOULD OR WOULD NOT BE CONSISTENT  WITH
   31  THE  COMPREHENSIVE MANAGEMENT PLAN OF THE SPECIAL GROUNDWATER PROTECTION
   32  PROGRAM,  AS  IMPLEMENTED  BY  THE  COMMISSIONER  PURSUANT  TO   ARTICLE
   33  FIFTY-FIVE OF THIS CHAPTER.
   34    (C)  THE DRAFT STATEMENT SHOULD RESEMBLE IN FORM AND CONTENT THE FINAL
   35  ENVIRONMENTAL IMPACT STATEMENT TO BE PREPARED AFTER COMMENTS  HAVE  BEEN
   36  RECEIVED  AND  CONSIDERED  PURSUANT  TO SUBDIVISION TWO OF THIS SECTION;
   37  HOWEVER, THE LENGTH AND DETAIL  OF  THE  DRAFT  ENVIRONMENTAL  STATEMENT
   38  SHALL REFLECT THE PRELIMINARY NATURE OF THE PROPOSAL AND THE EARLY STAGE
   39  AT WHICH IT IS PREPARED.
   40    (D)  THE  DRAFT  STATEMENT SHALL BE FILED WITH THE DEPARTMENT OR OTHER
   41  DESIGNATED AGENCIES AND SHALL BE CIRCULATED TO FEDERAL, STATE,  REGIONAL
   42  AND  LOCAL  AGENCIES  HAVING  AN  INTEREST IN THE PROPOSED ACTION AND TO
   43  INTERESTED MEMBERS OF THE PUBLIC FOR COMMENT, AS MAY  BE  PRESCRIBED  BY
   44  THE COMMISSIONER PURSUANT TO SECTION 8-0113 OF THIS ARTICLE.
   45    (E)  IN  ADDITION,  UNLESS IMPRACTICABLE, THE DRAFT STATEMENT SHALL BE
   46  POSTED ON A PUBLICLY-AVAILABLE INTERNET WEBSITE. THE WEBSITE POSTING  OF
   47  SUCH  DRAFT  STATEMENT MAY BE DISCONTINUED WHEN THE ENVIRONMENTAL IMPACT
   48  STATEMENT IS POSTED PURSUANT TO PARAGRAPH (F) OF THIS SUBDIVISION.
   49    (F) TO THE EXTENT AS MAY BE PRESCRIBED BY THE COMMISSIONER PURSUANT TO
   50  SECTION 8-0113 OF  THIS  ARTICLE,  THE  ENVIRONMENTAL  IMPACT  STATEMENT
   51  PREPARED  PURSUANT  TO SUBDIVISION TWO OF THIS SECTION TOGETHER WITH THE
   52  COMMENTS OF PUBLIC AND FEDERAL AGENCIES AND MEMBERS OF THE PUBLIC, SHALL
   53  BE FILED WITH THE COMMISSIONER,  MADE  AVAILABLE  TO  THE  PUBLIC,  AND,
   54  UNLESS  IMPRACTICABLE,  POSTED  ON A PUBLICLY-AVAILABLE INTERNET WEBSITE
   55  PRIOR TO ACTING ON THE PROPOSAL WHICH IS THE  SUBJECT  OF  THE  ENVIRON-
   56  MENTAL  IMPACT  STATEMENT.  THE WEBSITE POSTING OF SUCH STATEMENT MAY BE
       S. 1323                             5
    1  DISCONTINUED ONE YEAR AFTER ALL NECESSARY PERMITS HAVE  BEEN  ISSUED  BY
    2  THE FEDERAL, STATE AND LOCAL GOVERNMENTS.
    3    4.  As  early  as  possible  in  the  formulation of a proposal for an
    4  action, the responsible  agency  shall  make  an  initial  determination
    5  whether  an  environmental  impact  statement  [need]  IS  NEEDED  TO be
    6  prepared for the action. When an action is to be carried out or approved
    7  by two or more agencies, such determination shall be made  as  early  as
    8  possible after the designation of the lead agency.
    9    [With  respect  to actions involving the issuance to an applicant of a
   10  permit or other entitlement, the agency shall notify  the  applicant  in
   11  writing  of  its  initial determination specifying therein the basis for
   12  such determination. Notice  of  the  initial  determination  along  with
   13  appropriate  supporting findings on agency actions shall be kept on file
   14  in the main office of the agency for public inspection.]
   15    (A) If the agency determines that  such  statement  is  required,  the
   16  agency  or  the  applicant  at  its  option shall prepare or cause to be
   17  prepared a draft environmental impact statement. If the  applicant  does
   18  not  exercise  the  option  to  prepare such statement, the agency shall
   19  prepare it, cause it to be prepared, or  terminate  its  review  of  the
   20  proposed  action.  Such statement shall describe the proposed action and
   21  reasonable alternatives to the action, and briefly discuss, on the basis
   22  of information then  available,  the  remaining  items  required  to  be
   23  submitted  by  subdivision  two of this section. [The purpose of a draft
   24  environmental statement is to relate environmental considerations to the
   25  inception of the planning process, to inform the public and other public
   26  agencies as early as possible about proposed actions  that  may  signif-
   27  icantly  affect  the quality of the environment, and to solicit comments
   28  which will assist the agency in the decision making process in determin-
   29  ing the environmental consequences of the  proposed  action.  The  draft
   30  statement  should  resemble in form and content the environmental impact
   31  statement to be prepared after comments have been received  and  consid-
   32  ered  pursuant  to  subdivision two of this section; however, the length
   33  and detail of the draft environmental statement will necessarily reflect
   34  the preliminary nature of the proposal and the early stage at  which  it
   35  is prepared.
   36    For  any action for which the agency determines that such statement is
   37  not required and  which  would  take  place  in  a  special  groundwater
   38  protection  area,  as  defined  in  section 55-0107 of this chapter, the
   39  agency shall show how such action would or would not be consistent  with
   40  the  comprehensive management plan of the special groundwater protection
   41  program, as implemented by the commissioner pursuant to  article  fifty-
   42  five of this chapter.
   43    The draft statement shall be filed with the department or other desig-
   44  nated  agencies  and shall be circulated to federal, state, regional and
   45  local agencies having an interest in the proposed action and  to  inter-
   46  ested  members  of  the  public for comment, as may be prescribed by the
   47  commissioner pursuant to section 8-0113. In addition, unless impractica-
   48  ble, the draft statement shall be posted on a publicly-available  Inter-
   49  net  website. The website posting of such draft statement may be discon-
   50  tinued when the environmental impact statement  is  posted  pursuant  to
   51  subdivision six of this section.
   52    5.] (B) After the filing of a draft environmental impact statement the
   53  agency shall determine whether or not to conduct a public hearing on the
   54  environmental impact of the proposed action. If the agency determines to
   55  hold  such a hearing, it shall commence the hearing within sixty days of
   56  the filing and, unless the proposed action is withdrawn  from  consider-
       S. 1323                             6
    1  ation,  shall  prepare  the environmental impact statement within forty-
    2  five days after the close of the hearing, except as otherwise  provided.
    3  The  need  for  such  a  hearing  shall be determined in accordance with
    4  procedures  adopted  by  the  agency  pursuant to section 8-0113 of this
    5  article. If no hearing is held, the agency shall prepare and make avail-
    6  able the FINAL environmental impact statement within  sixty  days  after
    7  the filing of the draft, except as otherwise provided.
    8    5.  Notwithstanding  the  specified  time  periods established by this
    9  article, an agency shall vary the times so established herein for prepa-
   10  ration, review and  public  hearings  to  coordinate  the  environmental
   11  review  process with other procedures relating to review and approval of
   12  an action. [An application for a permit or authorization for  an  action
   13  upon  which  a  draft environmental impact statement is determined to be
   14  required shall not be complete until such draft statement has been filed
   15  and accepted by the  agency  as  satisfactory  with  respect  to  scope,
   16  content and adequacy for purposes of paragraph four of this section.]
   17    6. Commencing upon such acceptance, the environmental impact statement
   18  process  shall  run  concurrently  with other procedures relating to the
   19  review and approval of the action so long as reasonable time is provided
   20  for preparation, review and public hearings with respect  to  the  draft
   21  environmental impact statement.
   22    [6. To the extent as may be prescribed by the commissioner pursuant to
   23  section  8-0113, the environmental impact statement prepared pursuant to
   24  subdivision two of this section together with the comments of public and
   25  federal agencies and members of the public,  shall  be  filed  with  the
   26  commissioner,  made  available to the public, and, unless impracticable,
   27  posted on a publicly-available Internet website prior to acting  on  the
   28  proposal which is the subject of the environmental impact statement. The
   29  website posting of such statement may be discontinued one year after all
   30  necessary  permits  have  been  issued  by  the federal, state and local
   31  governments.]
   32    7. AN APPLICATION FOR A PERMIT, ENTITLEMENT OR  AUTHORIZATION  FOR  AN
   33  ACTION  UPON  WHICH A DRAFT ENVIRONMENTAL IMPACT STATEMENT IS DETERMINED
   34  TO BE REQUIRED SHALL NOT BE COMPLETE UNTIL SUCH DRAFT STATEMENT HAS BEEN
   35  FILED AND ACCEPTED BY THE AGENCY AS SATISFACTORY WITH RESPECT TO  SCOPE,
   36  CONTENT  AND ADEQUACY FOR PURPOSES OF SUBDIVISION THREE OF THIS SECTION.
   37  THE AGENCY SHALL NOTIFY THE APPLICANT IN WRITING OF ITS INITIAL DETERMI-
   38  NATION SPECIFYING THEREIN THE BASIS FOR SUCH DETERMINATION.   NOTICE  OF
   39  THE  INITIAL DETERMINATION ALONG WITH APPROPRIATE SUPPORTING FINDINGS ON
   40  AGENCY ACTIONS SHALL BE KEPT ON FILE IN THE MAIN OFFICE  OF  THE  AGENCY
   41  FOR PUBLIC INSPECTION.
   42    8.  [a.]  (A)  An  agency may charge a fee to an applicant in order to
   43  recover the costs incurred in preparing or causing  to  be  prepared  or
   44  reviewing  a  draft environmental impact statement or [an] A FINAL envi-
   45  ronmental impact statement on the action which  the  applicant  requests
   46  from the agency; provided, however, that an applicant may not be charged
   47  a  separate  fee for both the preparation and review of such statements.
   48  The technical services of the department may be made available on a  fee
   49  basis reflecting the costs thereof, to a requesting agency, which fee or
   50  fees  may  appropriately be charged by the agency to the applicant under
   51  rules and regulations to be issued under section 8-0113 OF THIS ARTICLE.
   52    [b.] (B) Such rules and regulations shall  require  the  applicant  to
   53  reimburse  the conservation fund, as established pursuant to subdivision
   54  (a) of section eighty-three of  the  state  finance  law,  in  order  to
   55  recover  all  costs  incurred  in preparing or causing to be prepared or
   56  reviewing a draft environmental impact statement or [an] A  FINAL  envi-
       S. 1323                             7
    1  ronmental  impact statement by employees of the department, whose salary
    2  and expenses are paid, in whole or in part, from the conservation fund.
    3    [8.] 9. When an agency decides to carry out or approve an action which
    4  has been the subject of [an] THE environmental impact statement PROCESS,
    5  it  shall make an explicit finding that the requirements of this section
    6  have been met and [that  consistent  with  social,  economic  and  other
    7  essential  considerations],  to  the maximum extent practicable, adverse
    8  environmental [effects] IMPACTS revealed in the DRAFT AND FINAL environ-
    9  mental impact statement process will be minimized or avoided.
   10    [9. An environmental impact statement shall be prepared for any action
   11  found to have a significant impact on the special groundwater protection
   12  area, as defined in section 55-0107  of  this  chapter.  Such  statement
   13  shall  meet  the  requirements of the most detailed environmental impact
   14  statement required by this section or by any  such  rule  or  regulation
   15  promulgated pursuant to this section.]
   16    S  3.  This  act shall take effect on the ninetieth day after it shall
   17  have become a law.