N.Y. Comp. Codes R. & Regs. tit. 21 § 461.3

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

Section 461.3 - Definitions

(a) Actions include:

(1) projects or physical activities, such as construction or other activities, which change the use or appearance of any natural resource or structure, which:

(i) are directly undertaken by an agency;

(ii) involve funding by an agency; or

(iii) require one or more permits from an agency or agencies;

(2) planning activities or an activity that commits the agency to a course of future decisions; and

(3) agency rules, regulations, procedures and policymaking.

Note:Capital projects commonly consist of a set of activities or steps ( i.e., planning, design, contracting, construction and operation). For purposes of this Part, the entire set of activities or steps can be considered an action. If it is determined that an environmental impact statement (EIS) is necessary, only one draft and one final EIS need be prepared on the action if the statements address each step at a level of detail sufficient for an adequate analysis of environmental effects. In the case of a project or activity involving funding or a permit from an agency, the entire project shall be considered an action, whether or not such finding or permit relates to the project as a whole or to a portion or component of it.

(b) Agency, unless otherwise noted, means a State or local agency.

(c) Applicant means any person making an application or other request to the Power Authority. An applicant does not include an officer or employee of the Power Authority acting in that capacity.

(d) Approval means a decision by the Power Authority to issue a permit or to otherwise authorize a proposed project or activity.

(e) Commissioner means the Commissioner of the New York State Department of Environmental Conservation.

(f) 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.

(g) Director means the Power Authority's Vice President of Environmental Management or such other person succeeding to the powers and duties of such office under a different title and, in any case, the officer or employee validly exercising such powers and duties in an acting or permanent capacity.

(h) Environmental assessment form (EAF) means a form used by the Power Authority to assist it in determining the environmental significance or nonsignificance of actions. The term short form EAF means a simplified EAF that may be used by the Power Authority to determine whether it has sufficient information on which to determine the environmental significance or nonsignificance of an unlisted action.

(i) Environmental impact statement (EIS) means a written document prepared in accordance with this Part. An EIS may either be draft or final and, as appropriate in context, it may include a Federal draft or final EIS.

(j) Excluded action means an action which was undertaken, funded or approved prior to the effective dates set forth in SEQRA (see chapters 228 and 252 of the Laws of 1977 and 460 of the Laws of 1978).

(k) Exempt action means activities as listed in section 461.16 of this Part.

(l) Funding means any financial support given by the Power Authority, including contracts, grants, subsidies, loans or other forms of direct or indirect financial assistance, in connection with a proposed action by an applicant.

(m) Lead agency means an agency principally responsible for carrying out, funding or approving an action, and therefore responsible for determining whether an EIS is required in connection with an action, and for the preparation and filing of the statement if one is required.

(n) Ministerial act means 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 act. Such law or regulatory requirements may involve, to a limited degree, a construction of language or intent.

(o) Negative declaration means a written statement prepared by the director, after conducting an environmental review of an action, which announces that the director has determined that the action will not have a significant effect on the environment.

(p) Positive declaration means a written statement prepared by the director, after conducting an environmental analysis of an action, which announces that the director has determined that the action will have a significant effect on the environment.

(q) Power Authority means Power Authority of the State of New York.

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

(s) Type I action means an action or class of actions listed in section 461.6 of this Part.

(t) Type II action means an action or class of actions that is not a Type I action and is listed in sections 461.7 and 461.17 of this Part. Notwithstanding the foregoing, no action having a significant impact on the environment, as determined pursuant to section 461.18 of this Part or defined as a Type I action pursuant to regulations implementing SEQRA adopted by the New York State Department of Environmental Conservation shall constitute a Type II action hereunder.

(u) Unlisted action shall mean actions not excluded or exempt and not listed as a Type I or Type II action in this Part.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 461.3