State Environmental Quality Review Act (SEQR) Regulatory Revisions

Proposed Amendments to 6 NYCRR Part 617

The New York State Department of Environmental Conservation (DEC) is proposing to amend the State Environmental Quality Review Act (SEQR) regulations that are codified at 6 NYCRR Part 617. The primary purpose of the amendments is to implement SEQR-related provisions of the Environmental Justice Siting Law (EJSL) (Chapter 840 of the Laws of 2022, as amended by Chapter 49 of the Laws of 2023). The legislation requires agencies reviewing actions under SEQR to evaluate whether an action may cause or increase a disproportionate pollution burden on a disadvantaged community as part of the SEQR process, both in the determination of significance, and where relevant, in preparation of an environmental impact statement.

The proposed amendments include changes to both the text of the SEQR regulations and to the environmental assessment forms (EAFs) that include additional questions focused on disadvantaged communities.  Additional draft materials have also been developed to help lead agencies in evaluating impacts to disadvantaged communities, including draft SEQR workbook guidance and a Disadvantaged Community Assessment Tool (DACAT).

DEC’s proposed rulemaking also adds certain multi-family housing developments to the Type II list of actions (actions not requiring further review under SEQR).

The proposed rule also includes technical and clarifying changes related to climate change and air, such as to ensure consistency with requirements under the Community Risk and Resiliency Act, and other housekeeping changes that include codification of the SEQR exclusion for the Office of Renewable Energy Services and the correction of grammatical errors.

The rulemaking documents are available through the links provided below.

Public Comment on the Proposed Rulemaking

Written Comments:

The public comment period begins on January 29, 2025. The public is invited to submit written comments on the proposed Part 617 rulemaking through May 7, 2025. Written comments can be submitted by:

1. Email to [email protected]. Please include "Comments on Proposed Part 617" in the subject line of the email; or
2. By mail to:
   New York State Department of Environmental Conservation
   Division of Environmental Permits
   625 Broadway
   Albany, NY 12233-1750

Instructions for Virtual Public Comment Hearings:

Any person wishing to provide a public statement at the virtual hearings must register in advance of the hearings no later than 2 p.m. on April 21, 2025. Any person who wishes only to observe the webinar online must also register. Any person may listen to a hearing by phone without pre-registration.

To register electronically: Persons who will login to the hearing electronically must register. To register, click on the registration link above for the appropriate hearing, click "Register," and fill in the requested information. You will be asked whether you wish to make a public statement or not. After registration is complete, you will receive a confirmation by email with information about how to join the hearing.

To register by telephone: Any person who is not able to login electronically may participate by telephone. Call-in participants must register to speak in advance by calling the Department at 518-402-9003 no later than April 21, 2025. Please provide your first and last name, address, email address if any, and telephone number and reference the Part 617 public comment hearing.

All participants will be muted upon entry into the hearing. The ALJ will call each person who has requested to provide a statement to speak. Speakers will be called in the order they registered, with elected officials being called first.

Information for All Hearings:

The ALJ will continue the public comment hearings until everyone wishing to speak has been heard or other reasonable arrangements have been made to include their comments in the record.  Reasonable time limits may be set for each speaker as necessary to afford all participants an opportunity to be heard.  DEC recommends that lengthy comments be summarized for oral presentation and submitted in writing as provided above. A stenographic transcript of the hearings will be prepared for inclusion in the record.

DEC invites all persons, organizations, corporations, and governmental agencies to attend these hearings and submit either written or oral statements. DEC will give equal weight to written and oral statements. Since a cumulative record of both verbal statements and written comments will be compiled, interested parties are not required to attend and speak at the hearings to comment on the proposed amendments.

Language interpretation services shall be made available to persons with limited English proficiency, including American Sign Language, at no cost. Requests must be received 10 calendar days before the meeting, but DEC will make every effort to fulfill requests received closer to the hearing date. Requests can be directed to the NYSDEC Division of Communication, Education, and Engagement by mail (address: NYSDEC, 625 Broadway, Albany, New York 12233-4500), e-mail ([email protected]), or phone (518) 402-8028.

Environmental and Regulatory Impact Review

Pursuant to SEQR, DEC has determined that the proposed rulemaking will not have a significant adverse environmental impact. In accordance with the State Administrative Procedures Act, DEC has also prepared a Regulatory Impact Statement, a Regulatory Flexibility Analysis for small businesses and local governments, a Rural Area Flexibility Analysis, and a Statement in lieu of Job Impact Statement.

Rulemaking Documents

• Part 617 Express Terms (PDF)

  Note - in the proposed express terms document, text to be added to the regulations is underlined and text to be deleted is [bracketed].

• Part 617 Model Environmental Assessment Forms in Department of State Repeal and Replace Format.  Note - Appendices A and B (Short and Full Environmental Assessment Forms) are proposed to be repealed and replaced and therefore do not include underlined or bracketed text format, or otherwise show tracked changes.
  • Part 617 Appendix A (PDF) - Draft Short Environmental Assessment Form (Parts 1, 2, and 3)
  • Part 617 Appendix B (PDF) - Draft Full Environmental Assessment Form (Parts 1, 2, and 3)
• Part 617 Model Environmental Assessment Forms in Tracked Changes Format
  • Draft Short Environmental Assessment Form (PDF) (Parts 1, 2, and 3)
  • Draft Full Environmental Assessment Form (PDF) (Parts 1, 2, and 3)

Supporting documents

• Rural Area Flexibility Analysis (RAFA) (PDF)
• Regulatory Flexibility Analysis (RFA) (PDF)
• Statement in lieu of Job Impact Statement (PDF)
• Summary of Express Terms (PDF)
• Regulatory Impact Statement (RIS) (PDF)
• RIS appendix A – DAC Assessment Tool (PDF)
  The Disadvantaged Community Assessment Tool (DACAT) has been developed to help lead agencies in evaluating impacts to disadvantaged communities. The DACAT is intended to be an initial screening tool to identify DAC census tracts that may warrant further consideration, analysis, and community input based on existing cumulative scores of Environmental Burden and Population Vulnerability.  Appendix A of the RIS contains an explanation of how the DACAT was developed.
• RIS appendix B – DAC Assessment Tool Maps (PDF)
• RIS appendix C – Draft SEQR EAF Workbook Guidance (PDF)
• Summary of RIS (PDF)
• Rulemaking SEQR EAF/Negative Declaration and Coastal Assessment Form (PDF)
• SEQR Environmental Justice Siting Law Frequently Asked Questions (FAQs) (PDF)

These documents may also be reviewed at DEC’s headquarters at 625 Broadway, Albany, NY 12233 by appointment during normal business hours. Please call James Eldred for an appointment at (518) 402-9167.

DEC has made general information on SEQR available through its website and the SEQR Handbook (PDF).