Environmental Conservation Law 8-0109(2) states:
2. All agencies (or applicant as hereinafter provided) shall prepare, or cause to be prepared by contract or otherwise an environmental impact statement on any action they propose or approve which may have a significant effect on the environment. . . .
6 NYCRR 617.3 (a) states:
No agency involved in an action may undertake, fund or approve the action until it has complied with the provisions of SEQR. . . [Note: SEQR means State Environmental Quality Review]6 NYCRR 617.4 "Type I actions" lists those actions that are more likely to require the preparation of an Environmental Impact Statement if they are to be directly undertaken, funded or approved by an agency. Among those are:
a project or action that involves the physical alteration of 10 acres6 NYCRR 617.7 "Determining significance" lists illustrative criteria for determining whether an action may have a significant adverse impact on the environment. Among those are:
(iv) the creation of a material conflict with a community's current plans or goals as officially approved or adopted;
Here we have MVREDC applying for funding of a project (a) that will involve the physical alteration of more than 10 acres and (b), as previously noted here, that will be in material conflict with the Utica Master Plan -- " a community's current plans or goals as officially approved or adopted."
There is nothing in MVREDC's submission to indicate that an environmental review of the proposed "Downtown Utica Transformational Opportunity District" was ever performed. Since the State would be prohibited from funding such a project without the requisite environmental review, is that the reason why the funds for the hospital no longer seem to be available?
It would not be the first time that our region lost out because it ignored its environmental compliance obligations.