N.Y. Comp. Codes R. & Regs. tit. 17 § 15.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 15.2 - Definitions

Unless the context otherwise requires, the following definitions shall be applicable to this Part:

(a) Action means:

(1) a project or physical activity which results in the creation, alteration or new use of a structure, facility or land; and which

(i) is directly undertaken by the department;

(ii) is funded by the department; or

(iii) requires the issuance of a new permit or the modification of an existing permit by the department;

(2) the policy-, regulation- or procedure-making of the department.

(b) Agency means any State agency (other than the department) or any local agency which is subject to the requirements of SEQR.

(c) Applicant means any person making an application or other request for the provision of funding by the department for an action, for the private sale of land by the department which facilitates the undertaking of a proposed action, or for the issuance of a permit by the department permitting the applicant to undertake an action.

(d) Coastal area means the State's coastal waters and the adjacent shorelands, as defined in article 42 of the Executive Law, the specific boundaries of which are shown on the coastal area map on file in the Office of the Secretary of State, as required by section 914 (2) of the Executive Law.

(e) Commissioner means the Commissioner of Transportation of the State of New York.

(f) Critical environmental area means a specific geographic area designated by a State or local agency, having exceptional or unique characteristics that make the area environmentally important.

(g) Department means the Department of Transportation of the State of New York.

(h) Direct action means a project or physical activity which results in the creation, alteration or new use of a structure, facility or land which will, upon completion or operation, be under the jurisdiction of the department. Direct action also includes the policy-, regulation- and procedure-making of the department.

(i) DEIS means a draft environmental impact statement prepared for the purpose of complying with SEQR.

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

(k) Environmental assessment means a public document briefly providing sufficient information and analysis for determining whether the proposed action may or will not have a significant effect on the environment. The environmental assessment may be in the form prescribed in the appendices of 6 NYCRR Part 617, in a form promulgated by the department, in a form which complies with Federal regulations for the implementation of NEPA, or it may be any report prepared under the auspices of the department which provides sufficient information and analysis for the required determination.

(l) Excluded action means an action to which the requirements of this Part do not apply. Excluded actions are:

(1) actions undertaken, funded or approved prior to the effective dates set forth in SEQR (see chapters 228 of the Laws of 1976, 252 of the Laws of 1977 and 460 of the Laws of 1978), except:

(i) in the case of an action where it is still practicable either to modify the action in such a way as to mitigate potentially adverse environmental effects, or to choose a feasible and less environmentally damaging alternative, and the Commissioner of Environmental Conservation has required the preparation of an environmental impact statement; or

(ii) in the case of an action which is proposed to be modified and the modification may result in a significant adverse effect on the environment, an environmental impact statement shall be prepared with respect to such modification;

(2) actions requiring a certificate of environmental compatibility and public need under article VII or VIII of the Public Service Law and the consideration of, granting or denial of any such certificate;

(3) actions subject to the jurisdiction of the Adirondack Park Agency pursuant to section 809 of the Executive Law, including actions of the Adirondack Park Agency thereunder, and actions subject to the jurisdiction of local governments pursuant to section 808 of the Executive Law and actions of such local governments pursuant thereto.

(m) Exempt act means an enforcement or criminal proceeding (or the exercise of prosecutorial discretion in determining whether or not to institute such proceedings), maintenance or repair involving no substantial changes in existing structure or facility, acts which are immediately necessary on a limited emergency basis for the protection or preservation of life, health, property or natural resources, and all other types of acts listed in sections 15.12 and 15.13 of this Part. Exempt acts are not actions within the meaning of this Part.

(n) Federal DEIS means a draft environmental impact statement prepared for the purpose of complying with NEPA.

(o) Federal FEIS means a final environmental impact statement prepared for the purpose of complying with NEPA.

(p) FEIS means a final environmental impact statement prepared for the purpose of complying with SEQR.

(q) Funding or financial support means the provision by the department of money or services through contracts, grants, subsidies, loans or other forms of assistance to an applicant for the applicant's use in undertaking a proposed project or physical activity which will result in the creation, alteration or new use of a structure, facility or land which will, upon completion or operation, not be subject to the jurisdiction of the department. Funding itself is not an action within the meaning of this Part.

(r) Local agency means any local agency, board, authority, district, commission or governing body, including any city, county and other political subdivision of the State.

(s) Ministerial act means an act performed upon a given state of facts in a prescribed manner imposed by law without the exercise of any judgment or discretion as to the propriety of the action, although the law may require in some degree a construction of its language or intent, including all acts listed in section 15.13 of this Part. Ministerial acts are not actions within the meaning of this Part.

(t) NEPA means the National Environmental Policy Act.

(u) Permit means the grant by the department to an applicant of a lease, license, certificate, grant of permission or other entitlement for use or permission to undertake all or part of a proposed project or physical activity which will result in the creation, alteration or new use of a structure, facility or land which will, upon completion or operation, not be subject to the jurisdiction of the department. Permit-granting includes the private sale of land by the department which facilitates the undertaking of a proposed action. The issuance of a permit itself is not an action within the meaning of this Part.

(v) Record of decision means a public document stating the decision of the department and briefly stating the facts and conclusions relied upon in the FEIS or Federal FEIS supporting the department's decision, and indicating the social, economic and other factors and standards which formed the basis for the decision. The record of decision shall also contain specific findings or determinations required by SEQR.

(w) SEQR means article 8 of the Environmental Conservation Law, which is also known as the State environmental quality review act.

(x) Scoping means the process by which the department identifies the significant issues related to the proposed action which are to be addressed in the DEIS, including, where possible, the content and level of detail of the analysis, the range of alternatives, the mitigation measures needed to minimize or eliminate adverse impacts, and the identification of nonrelevant issues. Scoping is intended to promote the efficiency of the department's review of the DEIS, to provide an applicant with guidance on matters which must be considered, and to provide an opportunity for early involved agency and public awareness of the proposal.

(y) State agency means any State department, agency, board, public benefit corporation, public authority or commission.

(z) Type II action means any class or type of action which has been determined not to have a significant effect on the environment and which is not subject to this Part. Type II actions include only those actions or classes of actions included in section 15.14 of this Part and those actions or classes of actions included on the type II list of an applicant agency or lead agency, when such list has been promulgated and established pursuant to the requirements of SEQR.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 15.2