New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXXI - Long Island Power Authority › Part 10052 - Implementation Of State Environmental Quality Review Act › Section 10052.2 - Types of actions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Type I
				actions (which are more likely to require the preparation of environmental
				impact statements) are those listed in 6 NYCRR 617.4.
(b) Type II actions (which have been
				determined not to have a significant impact on the environment or are otherwise
				exempt from environmental review by law) are those listed in 6 NYCRR 617.5 and
				in the following paragraphs:
(1) operation,
				maintenance, or repair of existing facilities, equipment, and
				structures;
(2) reconstruction,
				reconditioning, replacement, rehabilitation, or minor relocation of existing
				facilities, equipment, and structures without making significant expansion of
				said facilities, equipment or structures;
(3) the construction and location of new
				structures, facilities or equipment, involving less than 10,000 square feet of
				gross floor area, provided such construction or location has no physical effect
				on unusual or unique areas, including Federal- or State-registered historic
				sites and critical environmental areas designated pursuant to 6 NYCRR
				617.4(g);
(4) purchases of
				materials, supplies or equipment appropriate to continuing operation of
				authority facilities or structures;
(5) approval, funding or execution of
				contracts involving matters referenced in paragraphs (1)-(4) of this
				subdivision;
(6) the preparation,
				review, approval, funding or implementation of technical, engineering,
				economic, planning, environmental, feasibility or research studies, reports or
				memoranda which are preliminary to and may support the formulation of proposals
				for action(s), but which do not commit the authority to commence or engage in
				such action;
(7) the preparation of
				agreements which are preliminary to and may support the formulation of
				proposal(s) for action(s), but which do not commit the authority to commence or
				engage in such action;
(8) defining
				the scope of services, issuing requests for proposals, negotiating or executing
				contracts involving professional or management services;
(9) the preparation or execution of
				agreements pertaining to the purchase, sale, transmission or distribution of
				electricity, not involving construction of new transmission or distribution
				lines or generating facilities, and the exercise of rights under such
				agreements;
(10) the execution of a
				lease for the use of authority-owned property, where such lease provides for
				the use of the land and/or structures in their present condition or with minor
				alterations, provided that the lease of real property is less than 25
				contiguous acres;
(11) minor
				temporary permits for the use of authority property having negligible or no
				permanent impact on the environment;
(12) the acquisition, sale or other transfer
				of less than 25 contiguous acres of land, and the preparation or execution of
				related agreements;
(13) preparing,
				adopting and maintaining policies, manuals, directives, procedures, plans,
				programs or guidelines which do not commit the authority to undertake new
				programs that may adversely affect the environment and which do not involve a
				major reordering of priorities that may adversely affect the
				environment;
(14) acceptance of
				grants or loans from the Federal, State or local governments, or any agency
				thereof;
(15) issuance of
				indebtedness;
(16) the fixing of
				rates or charges for any electric service provided by the authority;
(17) the adoption or modification of customer
				rules, regulations, schedules, policies, and procedures, including without
				limitation those pertaining to services, facilities, service classifications,
				customer complaint procedures, billing and payment of bills, customer deposits,
				applications for service, discontinuance and reconnection of service, and meter
				reading;
(18) research and
				development contracts which do not involve a physical impact on the environment
				or commit the authority to a definite course of future action;
(19) license and permit renewals, where there
				will be no material change in permit conditions or the scope of permit
				activities;
(20) actions that are
				exempt from environmental review by Federal or State law;
(21) preparation and adoption of operating,
				capital, or other budgets and modifications thereof;
(22) employee personnel services;
(23) self-insurance or insurance
				contracting;
(24) maintenance of
				transmission or distribution right-of-way and existing facility landscaping or
				natural growth;
(25) landscaping,
				groundskeeping and similar activities that may alter or temporarily disturb the
				surface of land, but which ultimately will return the land to substantially the
				same or better condition, such as minor soil grading, seeding or
				planting;
(26) soil and
				ground-water boring and tests, minor land cuts and brush clearing for survey
				purposes; and
(27) minor trenching
				and backfilling, where the surface is restored.