In a notice published in the New York State Register on May 13, 2026, the NYS Department of Environmental Conservation (DEC) finalized amendments to regulations that implement the State Environmental Quality Review Act (SEQRA – Article 8 of the Environmental Conservation Law). These amendments, which take effect June 12, are focused primarily on requirements concerning the Environmental Justice Siting Law (Chapter 840 of the Laws of 2022), refinements to SEQRA Environmental Assessment Forms (EAFs) relating to air emissions and resiliency, and expansion of Type 2 actions concerning housing and energy.
Disadvantaged Communities Focus
The amendments include changes to the model EAFs (both Short and Full EAFs), found in appendices to the body of the SEQRA regulations. The amendments are designed to enable lead agencies and applicants to identify whether a proposed project is situated within a “disadvantaged community (DAC)” or could adversely impact a disadvantaged community. DEC indicates the amended EAFs will guide lead agencies in determining whether an Environmental Impact Statement (EIS) should be prepared or, cause to be prepared. based on potential DAC impacts.
DEC is adding questions to the EAFs to identify specific types of impacts with which a project may be associated. The proposed Full EAF asks whether the action: 1) may create new air emissions or increase existing air emissions within a DAC; 2) may create new wastewater treatment or discharges, or expand existing wastewater treatment or discharges within a DAC; 3) creates or expands a solid or hazardous waste management facility, or involves the generation of solid or hazardous waste, within or near a DAC; and 4) may increase traffic within a DAC.
Air Quality and Climate Change Focus
DEC is adopting changes within the EAFs to address climate impacts, including questions to further implement the Climate Leadership and Community Protection Act (CLCPA), the Community Risk and Resiliency Act (CRRA), and to more accurately reflect potential air impacts and related air permitting requirements.
DEC is also modifying the Full EAF to address future physical climate risks by adding questions on project vulnerability to damage from 100-year and 500-year floods and sea level rise, as well as ecological changes.
Expanded Type II Actions for Multi-Family Housing
Finally, the amendments revise the Type II list of actions, to include certain multi-family housing with not more than 10,000 square feet of gross floor area. The revised Type II category contains a few stipulations in addition to size limitation, namely, that the housing project must be a permitted use or permittable by special use permit/conditional use permit within the zoning district where the project is proposed to be located, and that it will be connected to publicly owned sewer and water utilities at the commencement of habitation. This change does not eliminate any requirement of site plan review.
Key Takeaway
As should be apparent by these changes, the task of navigating SEQRA is ever-changing, with new subjects and evaluative criteria being added to the mix. To maximize the potential for successfully navigating the review process, project developers should ensure they engage experienced and knowledgeable counsel and consultants steeped in SEQRA as early as possible in the project development process.
Our Environmental Practice Group regularly assists with SEQRA review. If you need assistance or have questions about this or related matters, please contact attorney Amelia McLean-Robertson at (315) 214-2028 and arobertson@harrisbeachmurtha.com; attorney Gene J. Kelly at (518) 701-2740 and gkelly@harrisbeachmurtha.com; or the Harris Beach Murtha attorney with whom you most frequently work.
This alert is not a substitute for advice of counsel on specific legal issues.
Harris Beach Murtha’s lawyers and consultants practice from offices throughout Connecticut in Bantam, Hartford, New Haven and Stamford; New York State in Albany, Binghamton, Buffalo, Ithaca, New York City, Niagara Falls, Rochester, Saratoga Springs, Syracuse, Long Island and White Plains; as well as in Boston, Massachusetts, and Newark, New Jersey.