New York Proposes Regulatory Amendments to Implement Environmental Justice Law
The New York State Department of Environmental Conservation (NYSDEC) recently released draft amendments to State Environmental Quality Review Act (SEQRA) regulations to implement New York’s “Environmental Justice Siting Law,” also known as the “Cumulative Impacts Law.” The Environmental Justice Siting Law, which went into effect on December 30, 2024, establishes rigorous requirements for evaluating the impacts of proposed projects on disadvantaged communities. The proposed regulations are part of a series of actions NYSDEC has taken to address environmental justice considerations.
While the regulations are not yet effective, NYSDEC has stated that agencies may implement the Environmental Justice Siting Law using the draft amendments in the interim. However, for projects where a negative declaration was issued or a draft EIS accepted before December 30, 2024, agencies do not need to reevaluate impacts on disadvantaged communities—although they are directed to address public comments concerning disadvantaged communities in the final EIS.
Proposed Amendments to SEQRA Regulations
The draft SEQRA amendments expand the criteria for determining the significance of a proposed action—and thus whether an environmental impact statement (EIS) is required—to include environmental justice considerations. Specifically, a proposed action could now require the preparation of an EIS where it “may cause or increase a disproportionate pollution burden on a disadvantaged community that is directly or significantly indirectly affected by such action.” NYSDEC defines a disproportionate pollution burden as a pollution burden in a disadvantaged community that is or would be significantly greater than that same burden in comparable non-disadvantaged communities. The proposed regulations still include among the list of Type II actions, for which an EIS is not required, any “license, lease and permit renewals, or transfers of ownership thereof, where there will be no material change in permit conditions or the scope of permitted activities.”
Where an EIS is required, the draft amendments require an assessment of the proposed action’s potential impacts on the disadvantaged community.
As part of this rulemaking, NYSDEC has proposed changes to the model environmental assessment forms (EAFs) used to determine significance. The draft EAFs now include questions about proximity to and the relative burden on a disadvantaged community. The full EAF asks about air emissions, wastewater treatment or discharges, and traffic within the disadvantaged community, and whether the proposed action involves a landfill, a municipal waste combustor, a power generation facility, industrial, manufacturing, or mining land uses, or certain other operations. The amended EAFs also include questions concerning potential climate and air impacts.
NYSDEC released a Disadvantaged Community Assessment Tool to assist in evaluating impacts on disadvantaged communities.
Commenting on the Draft Regulations
NYSDEC is accepting comments on the draft regulations until May 7, 2025. Regulated entities in New York should consider weighing in, as the proposed amendments could significantly expand the types of projects for which an EIS is required and the scope of any required analysis. Regulated entities should also carefully monitor New York’s continued implementation of the Environmental Justice Siting Act, as NYSDEC has stated that additional regulatory amendments are forthcoming.
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