21 CRR-NY 461.17NY-CRR
21 CRR-NY 461.17
21 CRR-NY 461.17
461.17 List of Type II actions.
(a) Reconditioning, rehabilitating or modernizing of existing facilities and structures, including essentially maintenance-type work with improvements to correct substandard features not involving large-scale new construction or expansion.
(b) Minor reconstruction of existing facilities and structures without making major expansion of said facilities or structures.
(c) The construction and location of small new structures and/or installation of minor new equipment, provided such construction or such location has no physical effect on unusual or unique areas, including Federal- or State-registered historic sites and critical areas designated in section 461.6(b)(8) of this Part.
(d) The conducting of engineering research and pilot plant studies to evaluate materials, equipment, methods and procedures, including but not limited to the installation of testing and monitoring equipment; provided that such studies do not involve a material change in the environment.
(e) The approval of funding for minor construction projects referenced in subdivisions (a)-(c) of this section.
(f) The preparation, review, approval or implementation of technical, engineering, economic, planning, environmental, feasibility or research studies, reports or memoranda which are preliminary to and may support the formulation of proposals for action(s) which do not otherwise commit the Power Authority to commence or engage in such action.
(g) The preparation of agreements (including leases, indentures, guarantees, construction agreements and similar documents) which are preliminary to and may support the formulation of proposal(s) for action(s) which do not otherwise commit the Power Authority to commence or engage in such action.
(h) The preparation and/or execution of construction contracts, involving an amount less than $50,000 of labor, exclusive of the supply of materials, provided such construction which is the subject of such contract has no physical effect on unusual or unique areas, including Federal- or State-registered historic sites, and critical areas designated in section 461.6(b)(8) of this Part.
(i) Defining the scope of services, requests for proposals, negotiating and executing contracts with consultants for professional services.
(j) The preparation and/or execution of any purchase orders for materials, supplies or equipment appropriate to continued operation of authority offices or facilities.
(k) Planning, budgeting, cost estimation, preparation of work programs and other project process activities.
(l) The conducting of studies and the establishment of quality standards, including:
(1) engineering research studies to evaluate materials, methods, equipment and procedures;
(2) establishing quality standards for engineering materials in accordance with accepted engineering practices;
(3) preparation of soil and water inventories;
(4) establishment of equipment construction standards; and
(5) conducting studies to determine efficiency and safety of existing systems.
(m) Approval or adoption of plans, grants, contracts or permits to construct, replace, rehabilitate or convert existing equipment.
(n) Approval and execution of grants or contracts to prepare studies or program plans which do not commit the authority to undertake specific programs or activities.
(o) Preparation and adoption of new or revised comprehensive studies, or programs which do not commit the authority to undertake specific programs or activities.
(p) Approval and execution of contracts or grants with respect to existing structures for:
(1) the purchase or construction of fire/crash/rescue vehicles, buildings and other safety equipment to meet Federal requirements;
(2) the installation of fencing;
(3) the purchase and installation of security equipment;
(4) the purchase and installation of lighting systems;
(5) the purchase and installation of communication equipment;
(6) the purchase of weather and other atmospheric measuring equipment and/or services;
(7) the purchase of equipment necessary for facility maintenance; and
(8) the purchase of fuel.
(q) The preparation and approval of documents certifying compliance with Federal and State requirements, preliminary to the formulation of proposal(s) for action(s).
(r) The preparation and/or execution of agreements for the purchase, sale, transmission or distribution of electricity, not involving the construction of new transmission lines or generating facilities.
(s) The execution of a lease for the use of Power Authority-owned property, where such lease provides for the use of the land and/or structures in their present condition or with minor alterations, provided that the lease of real property is less than 50 contiguous acres.
(t) Minor temporary permits for the use of Power Authority property, where such use does not involve the physical alteration of such property.
(u) The sale of Power Authority surplus property, other than land, radioactive material, pesticides, herbicides or other hazardous material.
(v) The acquisition, sale or other transfer of less than 25 contiguous acres of land.
(w) Preparing and maintaining policies, manuals, directives, procedures, guidelines, etc., which do not commit the authority to undertake new programs significantly impacting the environment, and which do not involve a major reordering of priorities.
(x) Review of environmental impact statements prepared by others.
(y) All routine administration, coordination, review and internal management activities of the Power Authority.
(z) Grants to State or local governments for projects that do not involve construction or expansion of structures.
(aa) Acceptance of grants or loans from the Federal, State or local governments, or any agency thereof.
(ab) Issuance or retirement of indebtedness.
(ac) The fixing of rates or adoption of customer rules, regulations and procedures for delivery of electrical service from existing or licensed facilities.
(ad) Acceptance, rejection, approval or denial, by the chairman or his duly authorized agent, of:
(1) schedules of minimum charges; and
(2) operating agreements.
(ae) Repaving of existing highways or roads, not involving the addition of new travel lanes.
(af) Street openings for the purpose of repair or maintenance of existing utility facilities.
(ag) Installation of traffic control devices on existing streets, roads and highways.
(ah) Public or private forest management practices, other than the removal of trees or the application of herbicides or pesticides.
(ai) Maintenance of transmission right-of-way and existing facility landscaping or natural growth.
(aj) Contracts for the purchase of power or supply arrangements that are financial in nature, including contracts for differences, which do not commit the Power Authority to the construction of a large-scale energy facility.
(ak) Temporary storage or disposal of waste material generated at Power Authority facilities, when such storage or disposal complies with State or Federal agency regulations.
(al) Research and development contracts which do not involve a physical impact on the environment or an irreversible commitment to a course of action.
(am) License and permit renewals, where there will be no material change in permit conditions or the scope of permit activities.
(an) Minor temporary uses of land having negligible or no permanent effect on the environment.
(ao) The extension of utility distribution facilities to service new or altered single- or two- family residential structures or to render service in approved subdivisions.
(ap) Contracts or agreements contingent on the completion of the SEQRA process or the obtaining of a certification of environmental compatibility and public need pursuant to the Public Service Law.
(aq) Approval of resale rates, as specified in Parts 452 and 454 of this Title.
(ar) The operation or minor alteration of the following existing structures, buildings, facilities, mechanical equipment or topographical features involving negligible or no expansion of use beyond that previously existing. This category shall also include all levels of routine office and clerical activities, and the replacement of equipment with substantially identical equipment, except this exemption shall not apply to situations where the selection of substantial quantities of a source or type of material used in a project may have a significant environmental effect. It shall include, but not be limited to, the following authority categories:
(1) laboratories;
(2) research stations;
(3) campsites and day-use areas;
(4) fishing docks and small piers, canoe carries, boat-launching sites, hunting and fishing access areas, trailheads and related structures;
(5) seawalls, bulkheads and other shore-protection facilities and structures, fences, guardrails and barriers;
(6) fish hatcheries, game farms and associated buildings and facilities;
(7) park areas and associated facilities;
(8) garages, service buildings and residences;
(9) beaches and playgrounds;
(10) headquarters and field offices;
(11) fish screens, fish ladders, stream improvement structures, fish barrier dams, fishing piers, fish spawning and incubator facilities, wildlife habitat areas, artificial wildlife waterway devices, streamflow, springs and waterholes, stream channels (clearing of debris) to protect fish and wildlife resources;
(12) roads, trails and paths, excluding the application of salts and other chemicals for snow and ice removal and betterments and safety-type projects, where the limits of the project are within the existing right-of-way, including parking lots, bridges, walkways, traffic signals and signs, lights and road drainage systems;
(13) dams and docks, not involving significant construction activity or any material change in height, hydraulics or operating schedules;
(14) streams, stream beds and existing ditches, including the cleaning of debris, silt, plant and tree roots and other obstructions from streams and ditches;
(15) aqueducts, levees and diversion facilities;
(16) water supply reservoirs;
(17) water pumping stations, water mains, water meters, water tunnels and appurtenances thereto;
(18) water treatment works;
(19) gasoline-powered generating works;
(20) watercourses and water bodies;
(21) sewers and subsurface disposal areas;
(22) sewage treatment works and associated facilities, including sewer interceptors, relief mains, outfalls, gatehouses, tidegates and other diversion structures, screens and combined sewer overfall treatment facilities;
(23) interior and exterior alterations involving such things as interior partitions, plumbing and electrical conveyances;
(24) the addition of safety or health protection devices for use during construction of, or in conjunction with, existing structures, facilities or mechanical equipment, or topographical features, including navigational devices; and
(25) the operation, alteration or replacement-in-kind of vehicles and equipment to be used at, or in conjunction with, the above items.
(as) The replacement, restoration, rehabilitation, reconstruction, renovation, demolition and removal of small existing items of equipment, structures or facilities, where the structure or facility to be modified or replaced will have substantially the same purpose and capacity as that replaced. Structures and facilities include, but are not limited to, those itemized under subdivision (ar) of this section. The activities described above in this category shall be limited to those having an estimated cost of $500,000 or less, or which will have an interior area of not more than 10,000 square feet and not involve a total land area of more than two acres. Actions within this class are categorically exempt, as noted in subdivision (ar), except where substantially less harmful equipment having similar performance is available or where substantial noise, air, water or other pollution or the release of substantial waste products is likely to result from the reconstruction or replacement projects.
(at) The construction and location (or the allotment of funds therefor) of single, small, new facilities or structures where the total area of the structure does not exceed 10,000 square feet, or have an estimated cost exceeding $500,000, and the surroundings are returned to their original condition after the construction/installation of the structure or facility. It shall also include additions of no more than 2,500 square feet to existing small structures or facilities. Actions within this category are exempt, except where construction activity may be reviewed as part of a whole, larger action not otherwise exempt, or series of actions, all of which are interrelated and logically form the component parts of a single larger action. It shall also include the installation of minor new equipment and facilities, such as air quality, other environmental monitoring facilities and research demonstration projects.
(au) Minor alterations in the condition of land, water, vegetation and/or fish and wildlife resources. This exemption shall not apply, for example, to the stockpiling on such lands of quantities of salt, corrosive chemicals, poisonous substances, fertilizers, etc., in quantities which may cause damage to the environment. The degree to which alteration is minor or not dangerous shall be determined on the basis of its actual and potential effect. This exemption shall include such actions as planting and landscaping to improve the general vegetation quality and similar projects. This exemption shall not include any substantial change in the authorized use for land where such change may have a significant environmental effect. It shall include, but not be limited to, the following:
(1) landscaping, groundskeeping and similar activities that may alter or temporarily disturb the surface of land, but which ultimately will return the land to substantially the same or better condition, such as minor soil grading, seeding, planting, etc.;
(2) soil and ground-water borings and tests, minor land cuts and brush clearing for survey purposes;
(3) the following silvicultural activities shall be considered minor: tree pruning; tree seeding and planting; weeding and releasing; noncommercial thinning; the improvement of cuttings and demonstration plot; the cutting of not more than 10 trees per acre in the saw timber class, which class shall include softwood trees of 9 inches diameter or more and hardwood trees of 11 inches diameter or more;
(4) forest management practices, including construction, maintenance and repair of facilities or structures and silvicultural activities in compliance with applicable rules and guidelines;
(5) the following site-specific and individual fish and wildlife activities shall be considered minor if they do not involve significant departures from established and accepted practices and if such actions are described in and are a part of general fish and wildlife management programs for which an EIS has been prepared: fish and wildlife habitat improvement; planting of native or naturalized fish and wildlife; harvesting or thinning of fish or wildlife surpluses; hunting, trapping and fishing permits; weeding of competing or parasitic species and species incompatible with man's interests; improvement or rehabilitation of fish or wildlife resources, fish barrier dams, small rock or log dams, fish passage structures, minor diking, cribbing, bank stabilization and stream deflectors and other structures or improvements, designed solely for fishery management purposes, which do not materially alter the natural character of the waterway; and other alterations which are relatively short-lived and will be followed by prompt replacement of fish or wildlife resources with the intention of providing equivalent or greater values;
(6) minor trenching and backfilling, where the surface is restored;
(7) eradication of alternate host plants of parasitic tree diseases, using registered herbicides applied on an individual plant basis;
(8) ground application of registered pesticides, on an individual tree basis, for the control of pests on Power Authority lands;
(9) sanitation to control forest pests that vector tree diseases or threaten residual trees; and
(10) parasite and predator invertebrate releases for forest pest suppression.
(av) Information collection, consisting of basic data gathering for possible future actions of the Power Authority; short-range planning activities, research, experimental management and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource and which are not preliminary steps leading to a given action or project already identified. This category includes: water quality and pollution studies; traffic counts; engineering studies; boring studies; soil surveys and other materials sampling; feasibility studies; mineral and oceanographic surveys and research projects not involving the removal of more than 100 cubic yards of material in any one location; the sampling of fish and wildlife population by netting, trapping and other acceptable scientific means; and inventory surveys conducted by Power Authority personnel in the field for game management, fish management, forestry, fire control, environmental protection, etc.
(aw) Inspections to check for performance of an operation or the quality, health or safety of an action, activity or project.
(ax) Administrative and service functions of the Power Authority, including but not limited to:
(1) Power Authority provision of technical assistance to other government agencies;
(2) Power Authority comments on legislation and regulations proposed by other agencies;
(3) training and education services of the Power Authority;
(4) routine contracts for printing, equipment maintenance, etc.;
(5) review of applications for aid to municipal customers, not involving major federally funded capital construction projects;
(6) the transportation of personnel, materials and equipment in connection with the operation of the Power Authority;
(7) preparation and adoption of operating budgets or modifications thereof;
(8) collective bargaining and employee personnel services;
(9) self-insurance or insurance contracting;
(10) dissemination of public information and public information activities;
(11) the making of investments by or on behalf of the Power Authority; and
(12) adoption of regulations, policies, procedures and legislative decisions in connection with any action on this list.
21 CRR-NY 461.17
Current through October 15, 2021
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.