New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIV - Office for People With Developmental Disabilities
Part 622 - Implementation of State Environmental Quality Review Act
Section 622.1 - Background and intent
Universal Citation: 14 NY Comp Codes Rules and Regs § 622.1
Current through Register Vol. 47, No. 12, March 26, 2025
(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].
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