Sec.22a-1a-10. Record of decision and determination of adequacy of an environmental impact evaluation

(a) A sponsoring agency shall review all comments submitted on an environmental impact evaluation and any other pertinent information it obtains following circulation of an environmental impact evaluation or at a public hearing on the environmental impact evaluation, and may conduct further environmental study and analysis or amend the evaluation. In all cases, the sponsoring agency shall prepare responses to the substantive issues raised in review of and comment on the environmental impact evaluation and any supplemental materials or amendments. Those responses and all supplemental materials and comments shall be made available for public inspection and shall be provided to the Office of Policy and Management.

(b) The sponsoring agency shall prepare a concise public record of decision, which takes into consideration the sponsoring agency’s findings in the environmental impact evaluation, and comments received on that evaluation. The record of decision shall state:

(1) The sponsoring agency’s decision whether to proceed with the action.

(2) Whether all practicable means to avoid or minimize environmental harm have been adopted and, if not, why they were not.

(3) A brief summary of the sponsoring agency’s consultation with interested persons and other federal, state or local agencies prior to and during the preparation of an environmental impact evaluation.

(4) Copies of required notices and other advertisements of the availability of the environmental impact evaluation.

(5) A brief summary of the public hearing record, in those cases when one is conducted in accordance with Section 22a-1a-9 of the CEPA regulations.

(c) The sponsoring agency shall submit the record of decision to the Office of Policy and Management.

(d) The sponsoring agency shall provide a notice of the record of decision to the Council on Environmental Quality on the form required for publication in the Environmental Monitor. Copies of the record of decision shall be submitted to the Council on Environmental Quality, the Department of Energy and Environmental Protection, and other appropriate agencies as determined by the sponsoring agency. In addition to publishing notice in the Environmental Monitor, the sponsoring agency may utilize any media the agency deems necessary to ensure adequate public notice.

(e) The Office of Policy and Management may consult with other agencies to determine the adequacy of the environmental impact evaluation and the associated process in accordance with section 22a-1e of the Act. The Office of Policy and Management shall determine whether the environmental impact evaluation is adequate and publish its determination in the Environmental Monitor. If the Office of Policy and Management determines that the environmental impact evaluation and the associated process is inadequate, it shall specify the areas of inadequacy with reference to the Act or the CEPA regulations and notify the sponsoring agency and specify the corrective action required.

(Effective November 6, 1978; Amended September 9, 2019)