New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Appendices
Appendix 45-C

TYPE II ACTIONS

The purpose of this Appendix is to classify actions or classes of actions which the issuer has determined not to have a significant effect upon the environment and which do not require environmental impact statements.

Type II actions shall include:

All actions designated as Type II actions in 6 NYCYRR 617.12.

Indicating conditional approval of an application, i.e., a general and preliminary expression of issuer assent that a project proposed by an applicant is feasible in light of environmental and statutory constraints. A conditional approval does not automatically assure final issuer approval of a project, as final approval by the issuer of a project will be based on more complete and developed engineering and other planning details provided by the applicant at a later date. At the time of giving conditional approval to a project, the issuer may authorize the applicant to undertake technical, engineering, economic, planning, environmental, feasibility or research studies, reports or memoranda which are preliminary to and may support the formulation of proposals for the action provided no such preliminary approval shall require the issuer to make any final decision with respect to such action unless and until the requirements of this Part have been fulfilled.

The operation, repair, maintenance or minor alteration of existing structures, facilities, mechanical equipment, land, land uses or topographical features involving no expansion of use beyond that previously existing.

Replacement, restoration or reconstruction of existing structures or facilities to be located on substantially the same site and having substantially the same purpose or capacity as presently existing.

The construction and location of small new facilities or structures and the installation of minor new equipment and facilities, provided such construction or location has no physical effect on unusual or unique areas, including Federal or State registered historic sites and critical areas designated in 6 NYCRR 617.12 Type I(a) (22) and (23).

Reconditioning of existing facilities and structures, including essentially maintenance-type work with improvements to correct substandard features.

Minor reconstruction of existing facilities and structures without making major expansion of said facilities or structures. These projects shall qualify as Type II only if the project requires:

Less than a 50 percent expansion of said facilities, and

No physical effect on unusual or unique areas, including Federal or State registered historic sites and critical areas designated in 6 NYCRR 617.12 Type I (a)(22) and (23).

The execution of a lease for the use of issuer owned property where the lease provides for the use of the land and/or structures in their present condition.

The approval or funding of construction projects where such projects will not exceed the limits contained in paragraph 7 of this Appendix.

The sale or disposal of issuer-owned land, structures, facilities or other property.

Preparing, establishing, maintaining, modifying and updating directives, rules, regulations, policies, procedures, guidelines etc., which do not commit the issuer to undertake new programs and which do not involve a major reordering of priorities.

The review of environmental impact statements prepared by others.

Defining the scope of services, negotiating and executing contracts with consultants for professional services.

The conduct, preparation or review of technical, engineering, economic, planning, environmental, feasibility or research studies, reports or memoranda which are preliminary to and may support the formulation of proposal(s) for action(s) which do not otherwise commit the issuer to commence or engage in such action.

Planning, budgeting, cost estimation, preparation of work programs and other project process activities.

All routine administration, coordination, review and management activities of the issuer.

Collective bargaining activities.

The making of investments by or on behalf of the issuer.

The preparation of agreements (including leases, indentures, guarantees, construction agreements and similar documents) which are preliminary to and may support the formulation of proposal(s) for action(s) which do not otherwise commit the issuer to commence or engage in such action.

The preparation and/or execution of any purchase orders for materials, supplies or equipment.

Training and training programs.

Issuances of indebtedness.