New York State Department of Environmental Conservation (DEC) announced the release of draft amendments to State Environmental Quality Review Act (SEQRA) regulations to incorporate provisions of the Environmental Justice Siting Law, also known as the “Cumulative Impacts Law” signed by Governor Kathy Hochul in 2022.
The draft regulations amend the SEQRA to require consideration of potential and existing burdens in disadvantaged communities that already bear higher levels of pollution, effects of climate change, and socioeconomic vulnerabilities. Additional changes include efforts to streamline SEQRA reviews for certain small-scale, multi-family housing developments, which complement’s Governor Hochul’s affordable housing agenda to benefit New Yorkers.
DEC’s Climate Justice Working Group (CJWG) established criteria for identifying disadvantaged communities for the purposes of co-pollutant reductions, greenhouse gas emissions reductions, regulatory impact statements, and the allocation of investments pursuant to the Climate Act. In 2023 the CJWG identified disadvantaged communities by evaluating and voting on 45 indicators, including: environmental burdens and climate change risks; sociodemographic vulnerabilities; and health vulnerabilities.
The proposed amendments include changes to SEQRA regulations and to the environmental assessment forms (EAFs) to include additional questions focused on disadvantaged communities. The proposed amendments will assist lead agencies in following the law passed by the legislature which mandatedidentifying the potential impact of an action on disadvantaged communities when making a significance determination and, when required, in preparing an environmental impact statement.
This rulemaking also amends the Type II list of actions that do not require further review under SEQRA to include certain multi-family housing with not more than 10,000 square feet of gross floor area. The proposed Type II for such developments are not subject to review under SEQRA and are aimed at small-scale multi-family housing subject to other limiting conditions to ensure these developments would be compatible with surrounding neighborhoods.
Comments are being accepted by DEC through May 7, 2025.
Public hearings will take place in person and virtually at the following times and locations:
In Person:
Thursday, April 24, 2025: Queens – 6 p.m.
47-40 21st Street, Long Island City, NY 11101, Room 834
Wednesday, April 30, 2025: Buffalo – 6 p.m.
Frank E. Merriweather Jr. Branch Library, 1324 Jefferson Ave, Buffalo, NY 14208
Virtual via Webex:
Wednesday, April 23, 2025: 2 p.m.
- Register to attend
- Webinar number: 2830 634 5892
- Webinar password: welcome1 (93526631 when dialing from a phone or video system)
- Join by phone: +1-415-527-5035 United States Toll
- Access code: 2830 634 5892
Wednesday, April 23, 2025: 6 p.m.
- Register to attend
- Webinar number: 2819 403 2959
- Webinar password: welcome1 (93526631 when dialing from a phone or video system)
- Join by phone: +1-415-527-5035 United States Toll
- Access code: 2819 403 2959
More information on the draft documents and how to comment is provided on DEC’s Environmental Justice Siting Law webpage.
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