The State Environmental Quality Review Act, commonly referred to as SEQRA, is a state law that requires government agencies to assess the potential environmental, social, and economic impacts of a project to ensure balance and to protect the environment. In early 2025, the New York State Department of Environmental Conservation (NYSDEC) released proposed SEQRA amendments which aimed to incorporate provisions of the Environmental Justice Siting Law (EJSL), through changes to the SEQRA regulations, codified as 6 NYCRR Part 617, and the Environmental Assessment Forms (EAF). The proposed amendments also expanded the list of Type II actions.

For background, the EJSL, with respect to SEQRA, requires the review process to further consider whether an action may cause or increase a disproportionate pollution burden on a disadvantaged community. This determination will be made by the lead agency, which is typically The Agency with the greatest jurisdictional power over the project, when making a determination of significance. To properly make that determination, a lead agency may request an Environmental Impact Statement (EIS), which more fully analyzes the environmental impacts, alternatives, and mitigations for a proposed action.

The text changes made within the SEQRA regulations include the addition of definitions relating to disadvantaged communities and pollution, additional criteria regarding adverse impacts on the environment, and additional information to be analyzed in an EIS. Both the disadvantaged communities and pollution definitions are existing definitions that come from the New York State Environmental Conservation Law. The new criteria proposed for lead agencies assessing significant adverse impacts and the new required information to be analyzed in an EIS is whether “an action may cause or increase a disproportionate pollution burden on a disadvantaged community”. These proposed amendments, while short, efficiently incorporate the EJSL’s requirements.

To aid in reviewing potential burdens to disadvantaged communities, NYSDEC has also released revised Short and Full EAFs. These forms are initially drafted by the project applicant to aid in understanding the proposed project. The proposed amendments to both EAFs add a new question relating to the project location in relation to a disadvantaged community and potential environmental impact of the project to that community. The Short EAF also includes an additional question to determine if the project is located within a 500-year floodplain. The Full EAF amendments include several new or revised questions to gain further insight into future physical climate risks, air emissions, and greenhouse gas emissions. NYSDEC has published a draft workbook for the proposed EAFs to provide background regarding the new or revised questions and how questions should be answered, along with tools to assist in drafting.

In addition to the amendments to incorporate the EJSL, the proposed amendments add new Type II actions. Type II actions are not subject to further SEQRA review, as they have already been determined to not have a significant adverse environmental impact. The proposed amendments add the construction or expansion of three-family residences and construction with four or more dwelling units provided the building: (i) gross floor area does not exceed 10,000 s/f; (ii) is constructed on an approved lot; (iii) connects to existing public water and sewerage systems; and (iv) is permitted, including special permit uses, under the local zoning code, as Type II actions. These amendments also propose construction or rehabilitation of appurtenant structures, including sidewalks, parking areas, playgrounds, and landscaping as a Type II action.

Implementing the proposed EJSL SEQRA amendments could impact the development of properties near or within disadvantaged communities, especially if the proposed or existing use is a Type I or unlisted action under SEQRA. Prior to initiating the approval process for the development or redevelopment of a property, a developer or property owner should consult the NYSDEC Disadvantaged Community Assessment Tool. This tool will indicate statewide disadvantaged communities and if they have comparatively higher or lower burdens and vulnerabilities based on data from the Climate Justice Working Group. While the assessment tool won’t be solely relied upon by the lead agency, it is intended to be used as a screening tool to determine if further consideration or analysis is required.

On May 7, 2025, the public comment period for the proposed SEQRA amendments closed. At this time, the NYSDEC is still evaluating comments and has yet to release or respond to the public comments. Despite the proposed amendments not being adopted, agencies are subject to the requirements of the EJSL which took effect December 30, 2024, when making determinations of significance.