State Environment Review Amendments Take Effect: Key Changes For Agencies And Project Sponsors

On June 12, 2026, the New York State Department of Environmental Conservation’s (NYSDEC) amendments to its regulations implementing the State Environmental Quality Review Act (SEQRA) (6 NYCRR Part 617; ECL Article 8) became effective. In large part, the changes address requirements imposed by the Environmental Justice Siting Law, which requires agencies conducting SEQRA reviews to evaluate whether a proposed action may cause or contribute to a disproportionate pollution burden in a “disadvantaged community” (DAC). Agencies must consider impacts on DACs both when making determinations of significance and, where applicable, when preparing an environmental impact statement. Although the Environmental Justice Siting Law has required consideration of impacts on DACs since December 30, 2024, those considerations were not previously incorporated into the SEQRA regulations. In addition to addressing impacts to DACs, the regulatory amendments expressly require review of climate impacts during the SEQRA process in furtherance of the statewide goals established by the Climate Leadership and Community Protection Act (CLCPA) and Community Risk and Resiliency Act (CRRA). The regulatory amendments also update the list of Type II actions in section 617.5(c).

1. Impacts to Disadvantaged Communities and Climate Change

The state DEC repealed its previously effective Environmental Assessment Forms (EAFs) and adopted new model short and full EAFs to facilitate consideration of environmental justice and climate impacts throughout the SEQRA review process. The new EAFs require agencies to determine if a proposed action is located in a DAC or could adversely impact a DAC. Agencies are directed to use NYSDEC’s DAC Assessment Tool, which incorporates the 2023 Climate Justice Working Group DAC map. The new full EAF requires agencies to consider specific types of impacts proposed actions might have on DACs, including air emission, wastewater, hazardous waste and traffic impacts. Where impacts on a DAC are likely, the agency must evaluate their magnitude as part of its determination of significance.

The DEC’s amendments also include housekeeping changes to the EAF forms to better organize and facilitate the evaluation of potentially adverse environmental impacts. NYSDEC published updated sections of its “SEQRA Workbook” to assist agencies and project sponsors with compliance and use of the new EAF forms.

1. Updates to the Type II List

Finally, the amendments to NYSDEC’s SEQRA regulations expand the list of Type II actions enumerated in section 617.5(c). Type II actions are those that are pre-determined not to have a significant impact on the environment or are otherwise precluded from SEQRA review. The newly designated Type II actions include the construction or expansion of certain one-, two- and three-family residences; the installation, maintenance or upgrade of drinking water wells and septic systems; and the construction of certain qualifying multifamily residential buildings. Multifamily projects are eligible for Type II classification only if they meet specified criteria relating to building size, site approval, utility connections and zoning compliance.

Conclusion:

The amendments to the SEQRA regulations, now in effect, formally incorporate the environmental justice considerations required by the Environmental Justice Siting Law and implement updated SEQRA requirements that will affect agencies and project sponsors statewide. Reviewing agencies and project sponsors should become familiar with the revised regulations, new EAFs and DEC guidance to ensure compliance with SEQRA and its implementing regulations. To better understand how these changes may impact your project or your agency’s role in the SEQRA process, please contact Bond attorneys Sarah Spencer, Robert Tyson, or any Bond attorney with whom you work regularly.

*Special thanks to law clerk Alexis Phillips for her assistance in the preparation of this memo. Ms. Phillips is not yet admitted to practice law.