Proposal Also Helps Streamline Environmental Reviews for Certain Small-Scale Housing Projects and Updates Climate Change Considerations 

Public Comments Accepted Until May 7, In-Person and Virtual Public Hearings Scheduled

New York State Department of Environmental Conservation (DEC) Interim Commissioner Sean Mahar today announced the release of draft amendments to State Environmental Quality Review Act (SEQRA) regulations to incorporate provisions of the Environmental Justice Siting Law, also known as the “Cumulative Impacts Law” signed by Governor Kathy Hochul in 2022.

The draft regulations amend the SEQRA to require consideration of potential and existing burdens in disadvantaged communities that already bear higher levels of pollution, effects of climate change, and socioeconomic vulnerabilities. Additional changes include efforts to streamline SEQRA reviews for certain small-scale, multi-family housing developments, which complement’s Governor Hochul’s affordable housing agenda to benefit New Yorkers.

“Proactive, state-led efforts to advance equity and environmental justice are more critical than ever, and New York State’s laws requiring robust evaluation of potential impacts will be instrumental in helping disadvantaged communities prevent the discriminatory siting practices of the past,” Interim Commissioner Mahar said. “These draft regulations mark a significant milestone in DEC’s efforts to implement environmental and climate justice when new projects are sited. Under Governor Kathy Hochul’s leadership, New York will continue to go forward with comprehensive efforts to reduce pollution fueling our changing climate while ensuring disadvantaged communities no longer shoulder a disproportionate burden of environmental pollution.”

DEC’s Climate Justice Working Group (CJWG) established criteria for identifying disadvantaged communities for the purposes of co-pollutant reductions, greenhouse gas emissions reductions, regulatory impact statements, and the allocation of investments pursuant to the Climate Act. In 2023 the CJWG identified disadvantaged communities by evaluating and voting on 45 indicators, including: environmental burdens and climate change risks; sociodemographic vulnerabilities; and health vulnerabilities.

The proposed amendments include changes to SEQRA regulations and to the environmental assessment forms (EAFs) to include additional questions focused on disadvantaged communities. The proposed amendments will assist lead agencies in following the law passed by the legislature which mandated identifying the potential impact of an action on disadvantaged communities when making a significance determination and, when required, in preparing an environmental impact statement.

This rulemaking also amends the Type II list of actions that do not require further review under SEQRA to include certain multi-family housing with not more than 10,000 square feet of gross floor area. The proposed Type II for such developments are not subject to review under SEQRA and are aimed at small-scale multi-family housing subject to other limiting conditions to ensure these developments would be compatible with surrounding neighborhoods.

New York State Homes and Community Renewal Commissioner RuthAnne Visnauskas said, “These draft amendments will help bring environmental justice improvements to communities that need it most, while also advancing New York's housing agenda. By streamlining SEQRA reviews for small-scale housing projects, we can encourage more development and help meet growing demand for more housing. We thank Governor Hochul for her commitment to addressing the housing crisis and climate crisis.”

Comments are being accepted by DEC through May 7, 2025. 

Public hearings will take place in person and virtually at the following times and locations:

In Person:

Thursday, April 24, 2025: Queens – 6 p.m.

47-40 21st Street, Long Island City, NY 11101, Room 834

Wednesday, April 30, 2025: Buffalo – 6 p.m.

Frank E. Merriweather Jr. Branch Library, 1324 Jefferson Ave, Buffalo, NY 14208

Virtual via Webex:

Wednesday, April 23, 2025: 2 p.m.

• Register link: https://meetny-gov.webex.com/weblink/register/r46df861ed731a94f514cf7ed465db7ce
• Webinar number: 2830 634 5892
• Webinar password: welcome1 (93526631 when dialing from a phone or video system)
• Join by phone: +1-415-527-5035 United States Toll
• Access code: 2830 634 5892
  

Wednesday, April 23, 2025: 6 p.m.

• Register link: https://meetny-gov.webex.com/weblink/register/reef5d2a83ef5ba79f2119b38a8a0d6c2
• Webinar number: 2819 403 2959
• Webinar password: welcome1 (93526631 when dialing from a phone or video system)
• Join by phone: +1-415-527-5035 United States Toll
• Access code: 2819 403 2959