N.Y. Comp. Codes R. & Regs. tit. 14 § 622.99

Current through Register Vol. 46, No. 50, December 11, 2024

Section 622.99 - Glossary

(a)Action. Any activity of the OPWDD, except an excluded or exempt action as defined in this Part, including, without limitation:

(1) projects or physical activities, such as construction or other activities that may affect the environment by changing the use, appearance or condition of any natural resource or structure, that:

(i) are directly undertaken by OPWDD; or

(ii) involve funding by OPWDD; or

(iii) require one or more new or modified approvals from OPWDD or other governmental body(ies).

(2) OPWDD planning and policymaking activities that may affect the environment and commit the agency to a definite course of future decisions;

(3) adoption of OPWDD rules, regulations and procedures, including local laws, codes, ordinances, executive orders and resolutions that may affect the environment; and

(4) any combinations of the above.

(b)Action, ministerial. An action performed upon a given statement of facts in a prescribed manner imposed by law without the exercise of any judgment or discretion as to the propriety of the action, ( e.g., the granting of a hearing on the part of parties involved in a site selection dispute pursuant to the provisions of article 41.34 of the Mental Hygiene Law), although such law may require, in some degree, a construction of its language or intent.

(c)Analysis, environmental. An agency evaluation of the short-and long-term, primary and secondary environmental effects of an action, with particular attention to the same areas of environmental impacts as would be contained in an environmental impact statement. It is the means by which the OPWDD determines whether an action under consideration may or will not have a significant effect on the environment.

(d)Applicant. Any party making an application or other request for OPWDD action.

(e)Application, complete. An application which, in the judgment of the governmental body, contains sufficient information on which to make a decision whether or not to approve or tentatively approve an action proposed by the applicant. In the case of an action involving an applicant, it shall include the filing of all applications to the governmental body associated with the proposed action that are required pursuant to any statute, rule or regulation unless, in the judgment of the OPWDD, such filing is not feasible or appropriate given the nature of the action or the failure to file all such applications at the same time will not preclude adequate reviews by the OPWDD.

(f)Area, environmentally sensitive. The following designated classifications identify those geographical sites where the environmental impact is considered in all cases to be significant.

(1) Critical environmental area. A specific geographic area designated by a state or local governmental body, having exceptional or unique characteristics that make the area environmentally important. Any unlisted action located in a critical environmental area must be treated, as a Type I action by any involved governmental body.

(2) A building, site, or district listed on the State or National Registers of Historic Places or any site/facility occurring wholly or partially within or substantially contiguous to any historical building, structure, facility, site or district or prehistoric site. Projects in such areas must be reviewed and approved by the State Office of Parks, Recreation and Historic Preservation.

(3) An agricultural district certified pursuant to Agriculture and Markets Law, article 25-AA, sections 303 and 304. Nonagricultural use of land in these districts must be approved by the State Department of Agriculture and Markets.

(4) A Department of Environmental Conservation designated wetland.

(5) A 100-year flood plain.

(6) A site in or contiguous to any publicly owned or operated parkland, recreation area or designated open space, including any site on the Register of National Natural Landmarks.

(7) Any properly determined to contain Natural Heritage Program elements, and/or NYS federally designated threatened or endangered species.

(g)Certification, standards of. Those criteria which specify the basis of documenting compliance for the purposes of issuing an operating certificate. The basis of documentation may include facility specific record; specified forms or reports; specified contents of records, reports or forms, and/or other means of assessing compliance such as interviews with persons served, employees or volunteers, and/or onsite observation of activities and the environment.

(h)Commissioner. The Commissioner of the Office for People With Developmental Disabilities.

(i)Declaration, negative. A written statement made by the OPWDD after conducting environmental analysis of an action which announces that it has been determined that the action will not have a significant effect on the environment.

(j)Environment. The physical conditions which will be affected by a proposed action, including land, air, water, minerals, flora, fauna, noise, objects of historic or aesthetic significance, existing patterns of population concentration, distribution or growth, and existing community or neighborhood character.

(k)OPWDD. The Office for People With Developmental Disabilities.

(l)Principles of compliance. Those requirements with which an applicant must comply, but against which the applicant will not be routinely surveyed for recertification purposes. However, evidence of failure to comply with the principles may be the basis for decertification in accordance with article 16 of the Mental Hygiene Law.

(m)Statement, environmental impact. A written document prepared in accordance with 6 NYCRR 617.6 and this Part. An environmental impact statement may either be a "draft" or a "final."

(n)Type I action. An action contained in either 6 NYCRR 617.12, or section 622.5 of this Part, that is listed as likely to require the preparation of an environmental impact statement.

(o)Type II action. An action listed in either 6 NYCRR 617.12 that the Commissioner of the Department of Environmental Conservation has found will not have a significant effect on the environment, or section 622.5 of this Part that the OPWDD has determined will not have a significant effect on the environment.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 622.99

Amended New York State Register September 21, 2016/Volume XXXVIII, Issue 38, eff. 9/21/2016

Amended New York State Register February 8, 2017/Volume XXXIX, Issue 06, eff. 2/8/2017