New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 622 - Implementation of State Environmental Quality Review Act › Section 622.4 - Lists of actions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Principles of compliance.
(1)
				The purpose of this section is to simplify the task of determining whether or
				not a proposed action may have a significant effect on the environment by
				identifying actions or classes of actions that are likely to have a significant
				effect and those which will not have a significant effect. Because of the
				complex and varied nature of OPWDD actions, the lists in this section are not
				all-inclusive. The omission from the lists of an action does not mean that it
				is exempt from this Part, nor does it mean that it is automatically an action
				requiring preparation of an environmental impact statement.
(2) The criteria set forth in 6 NYCRR 617.9
				shall be used to determine significance with respect to actions not listed in
				this section.
(i) Type I (see glossary).
				Actions or classes of actions that are likely to require preparation of
				environmental impact statements because they will in almost every instance have
				a significant effect on the environment.
(a)
				The OPWDD shall prepare, or cause to have prepared, program environmental
				impact statements on proposed residential and/or day programs it undertakes or
				carries out that may have a significant effect on the environment.
(b) Such environmental impact statements
				shall be prepared on a priority basis and in a phased manner based on existing
				staff and resources.
(ii) Type II (see glossary). Actions or
				classes of actions which have been determined not to have a significant effect
				on the environment through an environmental analysis (see glossary) and which
				do not require environmental impact statements under this Part. Similarly, no
				individual action shall be considered a Type II action if it would be located
				in an area where an otherwise insignificant impact could become significant as
				determined by the OPWDD.
(iii)
				Unlisted. All actions not excluded or exempt as defined in paragraph (5) of
				this subdivision, and not listed as a Type I or Type II action in this
				Part.
(3) Type I actions
				are those as defined in 6 NYCRR Part 617.
(4) The following are Type II actions or
				classes of actions:
(i) The maintenance,
				repair, alteration, rehabilitation, or renovation of existing buildings.
(a) This class includes both developmental
				center and community buildings, regardless of size, with the exception of
				buildings listed on or eligible for listing on the State or National Register
				of historic places.
(b) This class
				does not include those actions which would involve funding, approvals or
				undertakings by governmental bodies other than the OPWDD, except where such
				governmental bodies are performing ministerial actions (see
				glossary).
(c) Both interior and
				exterior work are included in this class. The projects are of various size and
				complexity. The projects may range from minor to major maintenance and repair
				of community residential facilities and may include partial and/or complete
				replacement of HVAC and electrical/lighting systems.
(d) The completion of projects in this class
				will not result in a change in the general function or purpose of buildings
				which will continue to relate, directly or supportively, to provision of
				services to persons with developmental disabilities.
(ii) The acquisition, leasing, approval,
				alteration or renovation of an existing structure, building or facility for the
				purpose of the establishment of a community residential facility for persons
				with developmental disabilities for no more than 14 such persons, is a Type II
				action when the following conditions exist:
(a) The action is not part of a larger
				project involving construction or acquisition of additional residences on
				adjacent properties.
(b) The
				project involves no more than 5 acres of land and the total area of the
				residence does not exceed 6,000 square feet.
(c) The site is not located in an area (see
				glossary) officially designated as environmentally, historically, or
				archaeologically sensitive; a certified agricultural district; or a 100-year
				flood plain.
(5) The following are considered actions that
				are either excluded or exempt from the SEQRA requirements of this Part.
(i) enforcement of criminal proceedings or
				the exercise of prosecutorial discretion in determining whether or not to
				institute such proceedings;
(ii)
				ministerial actions;
(iii)
				maintenance or repair involving no substantial changes in existing structure or
				facility;
(iv) with respect to the
				requirements of subdivision (2) of section 8-0109 of article 8 of the
				Environmental Conservation Law, actions requiring a certificate of
				environmental compatibility and public need under articles VII and VIII of the
				Public Service Law and the consideration of, grant or denial of any such
				certificate;
(v) with respect to
				the requirements of subdivision (2) of section 8-0109 of article 8 of the
				Environmental Conservation Law, actions subject to the jurisdiction of the
				Adirondack Park Agency pursuant to section 809  of the Executive Law, including actions
				of the Adirondack Park Agency thereunder, and actions subject to the
				jurisdiction of local governments pursuant to section 808  of the Executive Law, including actions
				of such local governments thereunder;
(vi) actions which are immediately necessary
				on an emergency basis for the protection or preservation of life, health,
				property or natural resources; or
(vii) actions of the Legislature of the State
				of New York or of any court.