Recently Proposed and Adopted Regulations and Policies
Closed Loop Geothermal Boreholes
Final Scope for the Generic Environmental Impact Statement (GEIS) for Closed Loop Geothermal
In February 2024, the Governor signed legislation directing DEC to promulgate regulations specific to closed loop geothermal boreholes deeper than 500 feet. The intent of the legislation was to support geothermal technologies that achieve electrification and emissions reductions while reducing administrative processes and maintaining adequate and appropriate environmental protections. To fulfill the requirements of the State Environmental Quality Review Act (SEQR) associated with this rule making, DEC is developing a GEIS to assess the environmental impacts associated with the development of regulations for the drilling and installation of closed loop geothermal boreholes and closed loop stratigraphic test wells deeper than 500 feet and the issuance of permits for this activity. On February 4, 2026, DEC published the Final Scope for the Generic Environmental Impact Statement (GEIS) on the Regulatory Program for Closed Loop Geothermal Boreholes and Closed Loop Stratigraphic Test Wells Drilled Deeper than 500 Feet:
The public comment period for the Draft Scope ended on August 22, 2025. The following document is available for public viewing:
Advanced Notice of Proposed Rule Making for 6 NYCRR Parts 550, 561, 563, and 569 for Closed Loop Geothermal
On July 23, 2025, the New York State Department of Environmental Conservation (DEC) published an Advanced Notice of Proposed Rule Making (ANPRM) with the New York State Department of State to amend 6 NYCRR Part 550 and add 6 NYCRR Parts 561, 563 and 569. The purpose of this ANPRM was to solicit stakeholder input to inform DEC’s development of future proposed regulations for closed loop geothermal boreholes and closed loop stratigraphic test wells drilled deeper than 500 feet. The ANPRM was a feedback-gathering exercise, not a regulatory action. The public were invited to review the ANPRM and provide input through August 22, 2025. The documents remain available below for public viewing. Additional details on the rule making can be found on the web page for closed loop geothermal boreholes.
- Revised – Sections of 6 NYCRR Part 550 (PDF) – Underlined text denotes new material. Brackets [ ] indicate material proposed to be deleted.
- NEW – 6 NYCRR Part 561 (PDF), Closed Loop Geothermal Boreholes
- NEW – 6 NYCRR Part 563 (PDF), Closed Loop Stratigraphic Test Wells
- NEW – 6 NYCRR Part 569 (PDF), Materials Incorporated by Reference
- DEC Stakeholder Outreach Information Request (PDF) – A series of questions for stakeholder consideration and response, the answers to which will be used to inform the future rule making.
Previous Public Input and Comment
DEC accepted input and comments from stakeholders and the public are on the ANPRM and Draft Scope for the Closed Loop GEIS from July 23, 2025 until August 22, 2025.
During the input and comment period, DEC held two public information meetings on July 29, 2025 and July 31, 2025 to gather input on the ANPRM and formal comments on the draft Scope. These sessions were solely for informational purposes and did not constitute public hearings pursuant to the State Administrative Procedures Act.
A copy of the presentation slides is available:
Proposed Policy Public Comment Period Closed
DMN-4 : Mining Projects and Climate Change Considerations
DMN-4 proposes requirements for analyses developed pursuant to Sections 7(2) of the Climate Leadership and Community Protection Act (CLCPA) and for compliance with the Community Risk and Resiliency Act, as amended by CLCPA Section 9 (CRRA), for mined land reclamation permit applications and bluestone exploration authorizations, as well as related Department Initiated Modifications.
DMN-5: ECL Article 23 Regulated Wells Civil Penalty Policy
DMN-5 proposes to establish guidance to DEC staff on procedures for enforcement of New York State Environmental Conservation Law (ECL) Article 23, its implementing regulations, and permits. The draft Program Policy applies to ECL Article 23, Title 1 through 13 and Title 19 governing oil, gas, solution mining, and underground gas storage wells of any depth and brine disposal, stratigraphic and geothermal wells drilled deeper than 500 feet.
View DMN-5 (PDF)
