On April 28, 2026, the New York State Department of Environmental Conservation (DEC) filed a Notice of Adoption to amend 6 NYCRR Part 617, DEC’s State Environmental Quality Review Act (SEQRA) regulations. DEC originally proposed the regulations over a year ago to require agencies reviewing actions under SEQRA to evaluate whether an action may cause or increase a disproportionate pollution burden on a disadvantaged community. DEC also proposed updated environmental assessment forms, draft SEQRA workbook guidance, and a new Disadvantaged Community Assessment Tool (DACAT).

While the amendments to the Part 617 regulations closely follow the Environmental Justice Siting Law (EJSL) — adopted in 2022 and amended in 2023 — they also include certain multifamily housing developments in the Type II list of actions where:

  • The gross floor area does not exceed 10,000 square feet;
  • The building is on an approved lot;
  • The building will connect to existing water and sewer infrastructure; and
  • The use is permitted under applicable zoning law or ordinance.

The revisions also include other technical clean-up amendments.

The rule will take effect June 12, 2026. Projects that received a determination of significance or an accepted draft Environmental Impact Statement (EIS) on or before that date may proceed through the review process subject to the prior regulation.

Looking Ahead

With these regulations finalized, DEC may move forward with more substantive components of the EJSL, including preparation of a model existing burden report and implementation of changes to DEC’s Uniform Procedures Act, 6 NYCRR Part 621. Further guidance from DEC on how it will implement EJSL permitting requirements may help applicants navigate the permitting landscape for facilities subject to the EJSL.

Tags: environmental justice, New York, SEQRA
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Photo of Jeshica Patel Jeshica Patel

Jeshica Patel focuses her practice on government, law, and policy matters with a focus on New York State environmental and energy issues. She has deep experience representing government agencies and authorities on environmental, energy, and agriculture matters, and coordinating legal affairs for state…

Jeshica Patel focuses her practice on government, law, and policy matters with a focus on New York State environmental and energy issues. She has deep experience representing government agencies and authorities on environmental, energy, and agriculture matters, and coordinating legal affairs for state agencies including the Department of Environmental Conservation, Office of Parks, Recreation and Historic Preservation, Department of Agriculture and Markets, Department of Public Service, Office of Renewable Energy Siting, New York Power Authority, and New York State Energy Research and Development Authority.

Prior to joining Greenberg Traurig, Jeshica served as assistant counsel to Governor Kathy Hochul for Energy, Environment, and Agriculture in the New York State Executive Chamber.

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Photo of Jane McLaughlin Jane McLaughlin

Jane McLaughlin has extensive governmental and legislative experience, having served as Director of Legislative Affairs in the New York Department of Environmental Conservation, Legislative Counsel in the New York State Department of Health, and as Legislative Counsel and Committee Director in the New…

Jane McLaughlin has extensive governmental and legislative experience, having served as Director of Legislative Affairs in the New York Department of Environmental Conservation, Legislative Counsel in the New York State Department of Health, and as Legislative Counsel and Committee Director in the New York State Senate. Jane has also served as counsel to the New York State Conference of Mayors and Municipal Officers (NYCOM), working on various matters pertaining to municipal government. She has worked on a wide variety of matters and legislation, including matters involving the environment, health care, procurement, telecommunications, election law, and water/sewer law.

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Photo of Steven C. Russo Steven C. Russo

Steven C. Russo co-chairs the Environmental Practice and chairs the firm’s New York Environmental Practice. He focuses his practice on environmental law and litigation, permitting, National Environmental Policy Act (NEPA), State Environmental Quality Review Act (SEQRA) review, energy project siting, renewable energy, Brownfields

…

Steven C. Russo co-chairs the Environmental Practice and chairs the firm’s New York Environmental Practice. He focuses his practice on environmental law and litigation, permitting, National Environmental Policy Act (NEPA), State Environmental Quality Review Act (SEQRA) review, energy project siting, renewable energy, Brownfields redevelopment, toxic tort litigation, including emerging contaminants, environmental crimes, government law and policy and the environmental review and permitting, environmental due diligence and risk management, and the environmental components of land use and real estate law. Steven is equally experienced litigating in federal and state courts, as well as counseling his clients with regard to the development of major industrial, energy and residential development projects. He also practices election and campaign finance law.

Prior to joining the firm, Steven was the Chief Legal Officer of the New York State Department of Environmental Conservation. There, he supervised approximately 90 attorneys in Albany, as well as the agency’s nine regional offices. He also supervised the agency’s legislative affairs department and Office of Environmental Justice. At the agency, Steven initiated a reform of the state’s environmental impact review regulations and assessment forms, completed the issuance of new power plant siting regulations pertaining to environmental justice and carbon emissions, and revised the agency’s environmental audit policy.

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