On April 9, 2020, the Governor of the State of New York issued Executive Order 202.15 which provides to the extent necessary a suspension of the public hearing requirements set forth in Articles 3, 8, 9, 13, 15, 17, 19, 23, 24, 25, 27, 33, 34, 35, 37 and 75 of the Environmental Conservation Law, as well as 6 NYCRR Parts 552, 550, 561 and 609 — provided that public comments shall still be accepted by mail or electronic means in order to satisfy public participation requirements.
In addition, pursuant to Section 202(2)(a) of the State Administrative Procedures Act, the expiration date of notices of proposed rulemaking is extended to 90 calendar days after Executive Order 202.15 terminates.
The Governor’s latest Executive Order further suspends public hearings for processing permit applications pursuant to Articles 17 and 70 of the Environmental Conservation Law, 6 NYCRR Parts 621, 624, 704 and 750, provided that public comments are accepted as written submissions, either by mail or electronic means, or that any required appearances be done by telephone conferencing or other electronic means.