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New York Proposes Amendments to SEQRA, Aims To Streamline Environmental Review Process
Practical Law Legal Update w-005-9531 (Approx. 4 pages)
New York Proposes Amendments to SEQRA, Aims To Streamline Environmental Review Process
by Practical Law Real Estate
| Published on 14 Feb 2017 • New York, USA (National/Federal) |
The New York State Department of Environmental Conservation (DEC) recently released proposed amendments to the State Environmental Quality Review Act (SEQRA). The DEC is accepting comments on the proposals until May 19, 2017.
On January 17, 2017, the New York State Department of Environmental Conservation (DEC) released proposed amendments to the State Environmental Quality Review Act (SEQRA) (6 NYCRR, Part 617) . These are the first proposals to amend the act in over two decades and follow a recent initiative to update the SEQRA process. They aim to streamline SEQRA review without compromising meaningful environmental review.
The DEC is accepting comments on the proposed amendments until close of business on May 19, 2017. A public hearing is scheduled to be held on March 31, 2017.
The full text of the amendments is available on the DEC website.
Background
The proposed amendments are the latest development in the DEC's efforts to modernize SEQRA. In 2012, DEC issued a Notice of Intent (NOI) to Prepare a Regulatory Impact Statement and Draft Generic Environmental Impact Statement (DEIS). The primary goals of the NOI were to:
- Improve the scoping process through:
- public scoping of Environmental Impact Statements (EISs);
- providing greater continuity in content between the environmental assessment process, the scope, and the draft EIS; and
- strengthening the regulatory language to encourage targeted EISs.
- Clarify and reduce review requirements by expanding the number of actions not requiring review under SEQRA, and adjusting the threshold for triggering SEQRA review for certain actions.
- Improve timeliness of decision making by:
- providing more guidance on determining the adequacy of a draft EIS; and
- establishing a more meaningful timeframe for the completion of a final EIS.
In October 2013, the DEC updated environmental assessment forms (EAFs) to integrate web-based geographic information systems (GIS). This system helps applicants complete EAFs by searching spatial databases and providing answers to location-based questions, which are then automatically populated onto a PDF copy of an EAF.
Proposed Changes to SEQRA
The proposed amendments modify SEQRA to streamline the environmental review process in three major ways:
- Modifying the thresholds for actions that are more likely to be subject to review under SEQRA, called Type I actions. For Type I actions, applicants must submit a full environmental assessment form, and require:
- an Agency-run coordinated environmental review; and
- the preparation of an environmental impact statement if the action will potentially cause significant adverse environmental impacts.
- Expanding the list of actions not subject to further review under SEQRA, called Type II actions.
- Providing clarity on procedures for accepting draft EISs.
The proposed changes to Type I action thresholds may require agencies to render Type I action determinations that previously would have been classified as an Unlisted or Type II action.
The proposed changes will also increase the list of Type II actions. These proposals aim to work in sync with New York State’s environmental and energy policy goals under the State Energy Plan (SEP) and Renewing the Energy Vision (REV).
Under the proposed SEQRA changes, Type II actions would include:
- Building upgrades to meet energy codes.
- Installing fiber-optic or other broadband cable technology in existing highway or utility rights of way.
- Installing five megawatts or less of solar energy arrays on certain properties or structures.
The proposed SEQRA changes also add a definition of “Green Infrastructure” to the statute including “practices that manage stormwater through infiltration, evapotranspiration and reuse such as the use of permeable pavement; bio-retention; green roofs and green walls; tree pits, stormwater planters, rain gardens, vegetated swales, urban forestry programs; downspout disconnection; and stormwater harvesting and reuse.” The use of green infrastructure in retrofitting an existing structure or facility is a defined by the proposed regulations as a Type II action.