§ 29-0105. Certification of site and disposal method selection.

1. Upon application by the commission, the department shall certify
that the commission's selection of the site or sites and disposal method
or methods pursuant to section 29-0305 of this article is in conformance
with the applicable siting criteria promulgated pursuant to section
29-0103 of this title; shall certify that, with modifications proposed
by the department, the selection would be in conformance with the
applicable siting criteria; or shall refuse to certify such selection
and shall specify the manner in which such selection fails to meet the
applicable siting criteria. Such certification or refusal to certify
shall be based upon the record. The department shall hold public
hearings with respect to the draft environmental impact statement and
with respect to the application for certification. Such hearings and
such certification or refusal to certify shall be completed within one
hundred eighty days of the commission's submission of a complete
application for certification.

2. The department shall publish in the state register notice of its
decision on the application for certification of the site and disposal
method selection.

3. The department's decision on the application for certification of
the site and disposal method selection and the accompanying final
environmental impact statement shall be submitted by the department to
the governor, the legislature, and the chairman of the New York state
energy research and development authority. In addition to any other
information otherwise required for a final environmental impact
statement, such statement shall include:

a. copies of the minutes of the public hearing held on the draft
environmental impact statement on siting and disposal method selection
and of recommendations from the advisory committee established pursuant
to section 29-0501 of this article, and the department's responses to
the views, comments, information, and recommendations therein; and

b. a listing providing a brief description, identification, or
reference for each report, study, or other document relied upon by the
department for information supporting its analyses or conclusions.