As used in this chapter, unless the context otherwise requires, the
following terms shall have the meanings indicated:
ACTION
Any activity of an agency, except an exempt action as defined in
this chapter, including, without limitation:
A.
Physical activities, such as construction or other activities which
change the use or appearance of any natural resource or a structure.
B.
Funding activities, such as the proposing, approval or disapproval of
contracts, grants, subsidies, loans, tax abatements or exemptions or other
forms of direct or indirect financial assistance.
C.
Licensing activities, such as the proposing, approval or disapproval
of a lease, permit, license, certificate or other entitlement for use or permission
to act.
D.
Planning activities, such as site selection for other activities and
the proposing, approval or disapproval of master or long-range plans, zoning
or other land use maps, ordinances or regulations, development plans or other
plans designed to provide a program for future activities.
E.
Policy-making activities, such as the making, modification or establishment
of rules, regulations, procedures, policies and guidelines.
AGENCY
Any state department, agency, board, public benefit corporation,
public authority or commission or any local agency, including any village,
town, city, county, board, district, commission, governing body and other
political subdivision of the state.
APPLICANT
Any person making an application or other request for agency action.
COMMISSIONER
The Commissioner of Environmental Conservation.
DEPARTMENT
The Department of Environmental Conservation.
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.
EXEMPT ACTION
Any one of the following:
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.
With respect to the requirements of Subdivision 2 of § 8-0109
of Article 8 of the Environmental Conservation Law, actions requiring a certificate
of environmental compatibility and public need under Articles VII and VIII
of the Public Service Law and the consideration of, grant or denial of any
such certificate.
E.
With respect to the requirements of Subdivision 2 of § 8-0109
of Article 8 of the Environmental Conservation Law, actions subject to the
jurisdiction of the Adirondack Park Agency pursuant to § 809 of
the Executive Law, including actions of the Adirondack Park Agency thereunder,
and actions subject to the jurisdiction of local governments pursuant to § 808
of the Executive Law, including actions of such local governments thereunder.
F.
Except as set forth in §
135-5 of this chapter, actions undertaken or approved prior to June 1, 1976. An action shall be deemed to be undertaken or approved prior to June 1, 1976, if, in the case of construction activities, a contract for substantial construction activities has been entered into or if a continuous program of on-site construction or modification has been engaged in or if, in the case of an action involving federal participation, either a draft environmental impact statement or a negative declaration has been duly prepared under the National Environmental Policy Act of 1969.
G.
Actions which are immediately necessary on a limited emergency basis
for the protection or preservation of life, health, property or natural resources.
H.
Actions of the Legislature of the State of New York or of any court.
MINISTERIAL ACTION
An action 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, such as the grant of a driver's license, although
such law may require, in some degree, a construction of its language or intent.
PERSON
Any agency, individual, corporation, governmental entity, partnership,
association, trustee or other legal entity.
TYPICAL ASSOCIATED ENVIRONMENTAL EFFECTS
Changes in one or more natural resources which usually occur because
of impacts on other such resources as a result of natural interrelationships
or cycles. For example, the diminution of a predator population is typically
associated with the increase in a pray population.
The amendment provides that agencies may vary the times established
in SEQR in order to completely integrate the environmental impact statement
process with established review times, so long as reasonable time is provided
for preparation and public review and hearing, when appropriate, of the draft
impact statement.