The enacted budget significantly streamlines environmental review for housing development by creating new categorical exemptions from SEQRA—and by extension CEQR—for qualifying projects. For NYC, projects of up to 250 units (or 500 units in medium- and high-density districts) at previously disturbed sites with no more than 50,000 square feet of non-residential space are exempt from environmental review entirely. The Department of City Planning is preparing implementation guidance for applicants. The legislation requires agencies to make exemption determinations within 120 days of application, and also establishes mandatory two-year deadlines for EIS completion. The legislation takes effect immediately and applies to pending proceedings except where an EIS determination was already made. The legislation also includes additional exemptions for infrastructure, green energy, and other project types (especially outside of NYC).
If you need more information about SEQRA, please contact your trusted R&E attorney or David J. Rosenberg.