N.Y. Comp. Codes R. & Regs. tit. 21 § 461.16

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

Section 461.16 - List of exempt actions

(a) Actions which are immediately necessary on an emergency basis for the protection or preservation of life, health, property or natural resources, including but not limited to water line or water storage breaks or leaks, contamination of water, threatened or actual dam failures, flooding and/or mechanical failures.

(b) Approval and execution of grants or contracts for minor reconstruction or rehabilitation, maintenance or repair of existing energy facilities or structures not involving an expansion of the facility or structure.

(c) Approval and execution of grants or contracts for the purchase of equipment and materials which will be used to rehabilitate, maintain or repair existing energy facilities or structures.

(d) All maintenance and repair activities involving no change in existing facilities and structures.

(e) All ministerial acts, including but not limited to:

(1) actions 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 act. Such law or regulatory requirements may involve, to a limited degree, a construction of their language or intent; [FN*]

(2) any act, decision or commitment required to be made pursuant to SEQRA contractual agreements made prior to the effective date of SEQRA; and

(3) all enforcement actions and judicial and administrative proceedings commenced by or on behalf of the Power Authority against third parties to enforce compliance by such third party with any provision of any contract, law, rule or ordinance, by which such third party is bound.

(f) With respect to the requirements of subdivision 2 of section 8-0109 of SEQRA, actions requiring a Certificate of Environmental Compatibility and Public Need under articles VII and VIII of the Public Service Law, and the preparation of applications and supporting documents for, and considerations related to the granting or denial of, any such certificate.

(g) With respect to the requirements of subdivision 2 of section 8-0109 of SEQRA, 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.

(h) Actions of the Legislature of the State of New York or of any court.

(i) Activities regulated by the Federal government, to the extent that State law is preempted.

[FN*] Examples include, but are not limited to, the installation of safety equipment or systems which the Power Authority is required to make by the Nuclear Regulatory Commission, and installation of equipment required by the Environmental Protection Agency or the Department of Environmental Conservation to assure environmental compatibility.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 461.16