On April 28, 2026, the New York State Department of Environmental Conservation (DEC) filed a Notice of Adoption to amend 6 NYCRR Part 617, DEC’s State Environmental Quality Review Act (SEQRA) regulations. DEC originally proposed the regulations over a year ago to require agencies reviewing actions under SEQRA to evaluate whether an action may cause or increase a disproportionate pollution burden on a disadvantaged community. DEC also proposed updated environmental assessment forms, draft SEQRA workbook guidance, and a new Disadvantaged Community Assessment Tool (DACAT).
While the amendments to the Part 617 regulations closely follow the Environmental Justice Siting Law (EJSL) — adopted in 2022 and amended in 2023 — they also include certain multifamily housing developments in the Type II list of actions where:
- The gross floor area does not exceed 10,000 square feet;
- The building is on an approved lot;
- The building will connect to existing water and sewer infrastructure; and
- The use is permitted under applicable zoning law or ordinance.
The revisions also include other technical clean-up amendments.
The rule will take effect June 12, 2026. Projects that received a determination of significance or an accepted draft Environmental Impact Statement (EIS) on or before that date may proceed through the review process subject to the prior regulation.
Looking Ahead
With these regulations finalized, DEC may move forward with more substantive components of the EJSL, including preparation of a model existing burden report and implementation of changes to DEC’s Uniform Procedures Act, 6 NYCRR Part 621. Further guidance from DEC on how it will implement EJSL permitting requirements may help applicants navigate the permitting landscape for facilities subject to the EJSL.
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