N.Y. Comp. Codes R. & Regs. tit. 14 § 622.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 622.1 - Background and intent

(a)Principles of compliance (see glossary).

(1) The State Environmental Quality Review Act of 1975 ("SEQRA"), article 8 of the Environmental Conservation Law, provides that all governmental bodies of the State shall prepare, or cause to be prepared, by contract or otherwise, an environmental impact statement (see glossary) on any action (see glossary) they propose or approve which may have a significant effect on the environment (see glossary).

(2) This Part is adopted pursuant to subdivision 3 of section 8-0113 of the Environmental Conservation Law, which requires the Office for People With Developmental Disabilities (OPWDD) to adopt and publish such additional procedures as may be necessary for the implementation by them of SEQRA, consistent with the statewide rules and regulations (6 NYCRR Part 617) adopted by the Commissioner of Environmental Conservation pursuant to subdivision 1 of section 8-0113 of the Environmental Conservation Law.

(3) No final OPWDD (see glossary) decision to carry out or approve an action shall be made until there has been full compliance with the provisions of this Part and 6 NYCRR Part 617, including the payment to the OPWDD of all necessary fees. Except as specified in article 8 of the Environmental Conservation Law, an action shall be deemed to be undertaken or approved at the point that:

(i) the OPWDD has bound or committed itself to the ultimate completion of a specifically designed activity; or

(ii) the OPWDD gives final approval for the issuance to an applicant (see glossary) of a discretionary contract, grant, subsidy, loan or other form of financial assistance, lease, permit, license, certificate or other entitlement for use or permission to act; or

(iii) in the case of an action involving Federal participation, a draft environmental impact statement has been prepared under the National Environmental Policy Act of 1969; or

(iv) the Director of the Budget has certified that substantial time, work, and money have been expended on it.

(4) This Part supersedes 14 NYCRR Part 52 as it applies to projects being developed under the auspices of the Office for People With Developmental Disabilities.

(b)Standards of certification (see glossary). [Reserved].

N.Y. Comp. Codes R. & Regs. Tit. 14 § 622.1

Amended New York State Register September 21, 2016/Volume XXXVIII, Issue 38, eff. 9/21/2016

Amended New York State Register February 8, 2017/Volume XXXIX, Issue 06, eff. 2/8/2017