2018 Amendments to the Regulations Implementing SEQR

Transcription

1 Amendments to the Regulations Implementing SEQR GFLRPC Fall Government Workshop November 14, SEQR Overview The Fundamental Tenets of SEQR 1. Environmentally-Informed Government Decisions 2. Consideration of Alternatives 3. Public Disclosure of Environmental Impacts 4. Avoidance and Mitigation of Impacts 5. Contextual Impact Analysis 3 A Brief History of SEQR National Environmental Policy Act of 1969 State Environmental Quality Review Act of 1975 Original SEQR Regulations adopted in 1976 Major Amendments to SEQR Regulations 1978, 1987,

2 Amendments to SEQR Part amendments build upon previous improvements: EAFs revised to web-based forms GIS Mapping component added (EAF Mapper) Workbooks released as guidance 5 DEC s SEQR Website 6 DEC s SEQR EAF Mapper 2

3 7 DEC s SEQR EAF Workbooks 8 DEC s SEQR Handbook 9 DEC s SEQR Cookbook 3

4 SEQR Amendments Part 617 Goal: Streamline regulatory process without sacrificing environmental protection Generic EIS and findings explain changes 11 Timeline for 2018 SEQR Amendments Notice of Intent and Draft Scope - July 11, 2012 Final Scope - November 28, 2012 Proposed Rule and Draft GEIS January 20, 2017 Revised Rule and Revised Draft GEIS April 4, 2018 Rule Adopted - June 27, 2018 Rule Effective - January 1, Overview of Amendments Type I List EIS Scoping EIS Preparation Document Preparation SEQR Fees 4

5 13 DEC s 2018 Amendments Critical Documents 14 Type I List (b) (5) (iii) - (v) Lowered thresholds for residential units: From 250 to 200 units; in pop. 150,000 or less From 1,000 to 500 units; in pop. 150,001 to 999,999 From 2,500 to 1,000 units; in pop. 1,000,000 or greater 15 Type I List (b) (6) (iii) (iv) Existing rule only applies to 1000 vehicles The amendments add a threshold for parking spaces in smaller communities: 500 or more vehicles pop. of 150,000 or less 1,000 or more vehicles pop. of 150,001 or more 5

6 16 Type I List (b) (9) Adds thresholds to historic properties similar to other sensitive resources Adds eligible historic properties Eligible properties will now appear on EAF Mapper (c) (2) - Upgrading buildings to meet state energy code (c) (3) Green infrastructure - retrofit Green infrastructure means practices that manage storm water through infiltration, evapo-transpiration and reuse including only the following: the use of permeable pavement; bio-retention; green roofs and green walls; tree pits and urban forestry; storm water planters; rain gardens; vegetated swales; downspout disconnection; or storm water harvesting and reuse. 6

7 (c) (7) - Installation of telecommunications cables in existing ROWs with trenchless burial or use of existing poles (c) (11) - Conveyances of land in connection with 1-3 family residence (c) (14) & (15) Installation of Solar (on rooftops, closed landfills, brownfield and Superfund sites, wastewater treatment facilities, parking lots/garages and industrial areas) 7

8 (c) (16) - Lot line adjustments granting of individual setback and lot line variances and adjustments (c) (18) - Reuse of a commercial or residential structure including mixed use must be permitted under the applicable zoning, including by special use permit the action does not trigger a Type I (617.4) threshold (c) (19) - GML 239-m or 239-n planning recommendations 8

9 (c) (39) Acquisition/dedication of parkland or conservation easement (c) (40) - Conveyance of property by public auction (c) (41) Organic digesters at operating publicly-owned landfills Must be within currently disturbed areas Feedstock capacity of < 150 wet tons/day Only produces Class A digestate 9

10 28 Scoping (617.8) Scoping will be required for all EISs (similar to Federal and NYC requirements) except for supplemental EISs New process for late-filed comments on scope 29 EIS Preparation (a)(2) - Clarify procedures to define when a DEIS is adequate for public review Meets the requirements of: the final written scope sections (g) &617.9 (b); late filed comments & EIS content respectively 30 EIS Content 617.9(b)(5)(iii)(i) - Addition of requirement, where relevant, to evaluate measures to avoid or reduce both an action's impacts on climate change and associated impacts due to the effects of climate change such as sea level rise and flooding. 10

11 Document Preparation and SEQR Fees Draft and final scopes must be noticed in the ENB Draft and finals scopes, as well as draft, final and supplemental EISs must be posted on a publicly available website Q&A 33 Contact Information DEC, Division of Environmental Permits 625 Broadway, Albany NY james.eldred@dec.ny.gov (518) html (regulatory documents) 11