Executive Summary:
In May 2026, the New York State Department of Environmental Conservation (DEC) finalized changes to State Environmental Quality Review (SEQR) regulations to incorporate requirements of the Environmental Justice (EJ) Siting Law which requires agencies to consider whether a proposed action may cause or increase a disproportionate pollution burden on a disadvantaged community (DAC). These amendments became effective on June 12, 2026.
NYSDEC Finalized SEQR to Incorporate EJ Siting Law
The State Environmental Quality Review Act (SEQR) was originally signed into law in 1975 under Article 8 of the Environmental Conservation Law (ECL) and required all state government agencies, including local and regional, to consider the environmental impacts of a proposed project or action in addition to the social and economic considerations. SEQR regulations are contained under Title 6 of the New York Codes, Rules and Regulations (NYCRR) Part 617. Government agencies are required to take into account the cumulative environmental impacts of a project or action that is subject to SEQR.
SEQR applies to actions that involve discretionary governmental decision-making, including permits, approvals, funding, or direct agency actions, unless specifically exempted or classified as a Type II action under 6 NYCRR Part 617.
If a project is subject to SEQR the proposed project or action must be classified to determine if further review including an Environmental Impact Assessment is required. You can review DEC’s website or The SEQR Handbook for further guidance.
DEC recently amended its SEQR regulations to incorporate requirements of the Environmental Justice (EJ) Siting Law. The EJ Siting Law recognizes that disadvantaged communities (DACs) bear a greater environmental health burden due to an inequitable pattern of land use resulting in increased exposure to pollution from facilities. The changes to incorporate the EJ Siting Law with SEQR were finalized in May 2026 and expand upon the environmental considerations under this act by requiring agencies to assess whether a certain permitting actions may cause or increase a disproportionate pollution burden on a DAC. These amendments went into effect on June 12, 2026.
In addition to changes in the SEQR regulations, the environmental assessments forms (EAFs) have been updated to include questions related to DACs, which will help the applicable agency determine the potential impact of a proposed action on a DAC. A new screening tool, known as the Disadvantaged Community Assessment Tool (DACAT), has also been developed to identify DAC census tracts for consideration based on existing cumulative scores of Environmental Burden and Population Vulnerability.
For New York environmental permitting, the biggest change is that DAC impacts and cumulative pollution burdens are now formally embedded in both SEQR and NYSDEC permitting decisions. New and modified Title V, Air State Facility, state pollutant discharge elimination system (SPDES), solid waste, and hazardous waste permits within or near DACs can now require a much more rigorous burden analysis, community engagement process, and justification than was required under the old framework.
If you would like to discuss how the EJ Siting Law and SEQR may impact your project, please email Julia Ryan in Trinity’s Albany office or call 518.460.1935 extension 3306.
