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2 The responsible agency must make an initial determination regarding whether an environmental impact statement is required: • As early as possible in the formulation of the proposed action; and • No later than one year after the establishment of a lead agency. Creates deadline for EIS completion and release (amends ECL § 8-0109[5]) An agency must prepare and make the EIS available within two years after determining that a draft EIS is required. • The agency may extend the deadline in writing after consulting with the applicant. • The decision to extend the deadline remains within the agency’s discretion. • Any extension may provide only the additional time necessary to complete the draft EIS. In determining whether additional time is necessary, the agency may consider: • Changes made by the applicant to the project design after scoping that result in new significant environmental impacts; • Additional actions that could not reasonably have been anticipated during scoping; • The applicant’s failure to timely provide necessary information despite the agency’s good- faith efforts; or • Delays caused by circumstances beyond the control of the agency or the applicant. Creates new SEQRA exemptions for “qualified actions” (amends ECL § 8- 0111) One of the most significant changes in TED Part S is the creation of five new categories of “qualified actions” that are exempt from SEQRA review. In determining whether an application is exempt, the responsible agency must consider the project as a whole and determine that every aspect of the action either: • Meets the criteria for one of the new exemptions; or • Is otherwise exempt from SEQRA. The five new qualified actions are: 1. Certain housing projects in municipalities outside New York City Qualifying housing construction must: • Be connected to existing community or public water and sewer systems at the commencement of habitation; • Be located on a previously disturbed site; • Contain no more than 20 percent commercial, retail, community facility, or other non- industrial non-residential uses by gross floor area; • Not exceed 100 dwelling units; • Not exceed 20 dwelling units if located in a city, town, or village without zoning; • Not exceed 300 dwelling units if located within a Census-defined urban area; and • Not consist only of the construction of one single-family residence on a parcel of one acre or more. 2. Certain public park and trail projects on a previously disturbed site Qualifying projects include: Updated 5/26/26