Consistent with Part 617, the Environmental Quality Review Act shall
not apply to:
A. Enforcement or criminal proceedings or the exercise of
prosecutorial discretion in determining whether or not to institute such proceedings.
C. Maintenance or repair involving no substantial changes
in an existing structure or facility.
D. All the following:
(1) Actions requiring a certificate of environmental compatibility and public need under Article
VII and
VIII of the Public Service Law and the consideration of, grant or denial of any such certificate.
(2) Actions which are immediately necessary on a limited
emergency basis for the protection or preservation of life, health, property
or natural resources.
(3) Actions of the legislature of the State of New York or
of any court.