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SEQRA Policy

Dormitory Authority Meeting
February 27, 2002

A RESOLUTION OF THE MEMBERS OF THE BOARD OF THE DORMITORY AUTHORITY APPROVING THE DORMITORY AUTHORITY’S STATE ENVIRONMENTAL REVIEW ACT POLICY

WHEREAS, for purposes of the New York State Environmental Quality Review Act (“SEQRA”), the Authority is a “State Agency” that is required to comply with the provisions of SEQRA and the Parks, Recreation, and Historic Preservation Law (“PRHPL”) prior to undertaking, funding or approving an action; and

WHEREAS, various activities undertaken by the Authority constitute “actions” requiring review under SEQRA and PRHPL; and

WHEREAS, the activities of the Authority requiring SEQRA and PRHPL review include the funding of projects through the issuance of bonds and the undertaking of construction projects on behalf of clients; and

WHEREAS, adherence to the letter and spirit of SEQRA and PRHPL will result in better-quality projects and reduce the threat of litigation against the Authority; and

WHEREAS, the Board is desirous of formalizing into policy current practices to ensure that the Authority fully complies with SEQRA and PRHPL.

NOW, THEREFORE, BE IT RESOLVED by the Members of the Board of the Dormitory Authority that the Dormitory Authority’s Policy Regarding Implementation of the State Environmental Review Act is hereby adopted.

This Resolution shall take effect immediately.

Policy Regarding Implementation of the State Environmental Quality Review Act Dormitory Authority of the State of New York

1. Purpose: The Dormitory Authority of the State of New York (“Authority”) hereby acknowledges its responsibilities under the State Environmental Quality Review Act (“SEQRA”) and section 14.09 of the Parks, Recreation and Historic Preservation Law (“PRHPL”). In furtherance of these statutory provisions, the Authority adopts this Policy to help ensure that:

2. Conduct of Environmental Reviews:

(a) To maximize the opportunity for input from federal, state and local agencies having an interest in the project or activity and the public, the Authority will comply with SEQRA by either: (i) participating in an environmental review conducted by another federal, state or local agency having jurisdiction under SEQRA; or (ii) by conducting its own coordinated review. The Authority, however, may determine to utilize uncoordinated reviews of certain projects or activities in those instances where it is determined that such an uncoordinated review is appropriate because of factors including, but not limited to: (i) the routine nature of the project or activity being undertaken; (ii) the desire of other interested or involved agencies, subject to the requirements of SEQRA, to undertake their own review of the project; or (iii) the prior completion of a competent environmental review of the project or activity in question by another agency.

(b) Whenever the Authority is the lead agency having responsibility for reviewing a project under SEQRA, it shall: (i) require the project applicant to complete either the Short Environmental Assessment Form (SEAF) or Full Environmental Assessment Form-Part I (EAF-Part I), as is appropriate, developed by the Authority; and (ii) make reasonable efforts to identify all federal, state and local agencies and officials having an interest in the project of the Authority’s intention to act as lead agency for purposes of conducting a coordinated review. In appropriate instances, the Authority may determine to take other steps, such as the conduct of a public hearing, as a means to ensuring that it receives sufficient input with respect to its review of the project.

(c) The Authority shall encourage those clients requiring permits or approvals from other governmental entities to advise those governmental entities of the Authority’s potential involvement in the project or activity so that the Authority may participate in those reviews rather than conducting its own separate review at a later time.

3. Compliance with PRHPL. The Authority has previously entered into a Memorandum of Understanding (“MOU”) with the Office of Parks, Recreation and Historic Preservation, dated March 25, 1998, regarding compliance with the PRHPL. The Authority shall adhere to the requirements of the MOU, as the same may be amended from time to time, for purposes of complying with that statute.

4. Office of Environmental Affairs; Director of Environmental Affairs

(a) The Office of Environmental Affairs, under the direction of the Director, Environmental Affairs, shall, in conjunction with the Office of Counsel, have responsibility for ensuring that the Authority complies with SEQRA, the PRHPL and this Policy. All other divisions and units of the Authority shall consult with the Office of Environmental Affairs regarding their respective activities to ensure compliance with this Policy.

(b) The Deputy Executive Director and the Director, Environmental Affairs, shall, pursuant to a separate delegations from the Board, each have the authority to undertake, on behalf of the Authority, all actions necessary to comply with SEQRA and the PRHPL that are consistent with this Policy. Such actions may include, but not be limited to, all decisions regarding participation in reviews under SEQRA, whether as a lead or involved agency, preparing determinations of significance or non-significance and such other actions as are necessary to comply with SEQRA. The Office of Environmental Affairs shall maintain documentation for any decisions or actions sufficient to demonstrate compliance with SEQRA and this Policy.

(c) The Director, Environmental Affairs shall prepare a monthly written report setting forth the status of all SEQRA reviews being conducted by the Authority or in which the Authority shall be participating. Such report shall be submitted to the Board monthly.

5. Procedures. Staff of the Authority is hereby directed to adopt procedures regarding compliance with SEQRA and the PRHPL that are consistent with this Policy.