N.Y. Comp. Codes R. & Regs. tit. 14 § 622.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 622.4 - Lists of actions

(a)Principles of compliance.

(1) The purpose of this section is to simplify the task of determining whether or not a proposed action may have a significant effect on the environment by identifying actions or classes of actions that are likely to have a significant effect and those which will not have a significant effect. Because of the complex and varied nature of OPWDD actions, the lists in this section are not all-inclusive. The omission from the lists of an action does not mean that it is exempt from this Part, nor does it mean that it is automatically an action requiring preparation of an environmental impact statement.

(2) The criteria set forth in 6 NYCRR 617.9 shall be used to determine significance with respect to actions not listed in this section.

(i) Type I (see glossary). Actions or classes of actions that are likely to require preparation of environmental impact statements because they will in almost every instance have a significant effect on the environment.

(a) The OPWDD shall prepare, or cause to have prepared, program environmental impact statements on proposed residential and/or day programs it undertakes or carries out that may have a significant effect on the environment.

(b) Such environmental impact statements shall be prepared on a priority basis and in a phased manner based on existing staff and resources.

(ii) Type II (see glossary). Actions or classes of actions which have been determined not to have a significant effect on the environment through an environmental analysis (see glossary) and which do not require environmental impact statements under this Part. Similarly, no individual action shall be considered a Type II action if it would be located in an area where an otherwise insignificant impact could become significant as determined by the OPWDD.

(iii) Unlisted. All actions not excluded or exempt as defined in paragraph (5) of this subdivision, and not listed as a Type I or Type II action in this Part.

(3) Type I actions are those as defined in 6 NYCRR Part 617.

(4) The following are Type II actions or classes of actions:

(i) The maintenance, repair, alteration, rehabilitation, or renovation of existing buildings.

(a) This class includes both developmental center and community buildings, regardless of size, with the exception of buildings listed on or eligible for listing on the State or National Register of historic places.

(b) This class does not include those actions which would involve funding, approvals or undertakings by governmental bodies other than the OPWDD, except where such governmental bodies are performing ministerial actions (see glossary).

(c) Both interior and exterior work are included in this class. The projects are of various size and complexity. The projects may range from minor to major maintenance and repair of community residential facilities and may include partial and/or complete replacement of HVAC and electrical/lighting systems.

(d) The completion of projects in this class will not result in a change in the general function or purpose of buildings which will continue to relate, directly or supportively, to provision of services to persons with developmental disabilities.

(ii) The acquisition, leasing, approval, alteration or renovation of an existing structure, building or facility for the purpose of the establishment of a community residential facility for persons with developmental disabilities for no more than 14 such persons, is a Type II action when the following conditions exist:

(a) The action is not part of a larger project involving construction or acquisition of additional residences on adjacent properties.

(b) The project involves no more than 5 acres of land and the total area of the residence does not exceed 6,000 square feet.

(c) The site is not located in an area (see glossary) officially designated as environmentally, historically, or archaeologically sensitive; a certified agricultural district; or a 100-year flood plain.

(5) The following are considered actions that are either excluded or exempt from the SEQRA requirements of this Part.

(i) enforcement of criminal proceedings or the exercise of prosecutorial discretion in determining whether or not to institute such proceedings;

(ii) ministerial actions;

(iii) maintenance or repair involving no substantial changes in existing structure or facility;

(iv) with respect to the requirements of subdivision (2) of section 8-0109 of article 8 of the Environmental Conservation Law, actions requiring a certificate of environmental compatibility and public need under articles VII and VIII of the Public Service Law and the consideration of, grant or denial of any such certificate;

(v) with respect to the requirements of subdivision (2) of section 8-0109 of article 8 of the Environmental Conservation Law, actions subject to the jurisdiction of the Adirondack Park Agency pursuant to section 809 of the Executive Law, including actions of the Adirondack Park Agency thereunder, and actions subject to the jurisdiction of local governments pursuant to section 808 of the Executive Law, including actions of such local governments thereunder;

(vi) actions which are immediately necessary on an emergency basis for the protection or preservation of life, health, property or natural resources; or

(vii) actions of the Legislature of the State of New York or of any court.

(b)Standards of certification. [Reserved]

N.Y. Comp. Codes R. & Regs. Tit. 14 § 622.4

Amended New York State Register September 21, 2016/Volume XXXVIII, Issue 38, eff. 9/21/2016

Amended New York State Register February 8, 2017/Volume XXXIX, Issue 06, eff. 2/8/2017