Notice of Proposed Rule Making

This proposed rule making would repeal and replace Part 1263 of Title 19 of the New York Codes, Rules and Regulations.  The Department of State invites public participation in the rule making process.

Background

Environmental Conservation Law §8-0113(3) authorizes the Department of State (DOS) to promulgate rules and regulations as may be necessary for the implementation of Article 8 of the Environmental Conservation Law consistent with the rules and regulations adopted by the Commissioner of the Department of Environmental Conservation.  

Part 1263 of Title 19 NYCRR, which became effective on September 1, 1976, establishes procedures to implement the State Environmental Quality Review Act (SEQRA) that are applicable to the State Building Code Council.  The existing version of Part 1263 pre-dated the Uniform Fire Prevention and Building Code Act (Chapter 707 of the Laws of 1981).  This proposed rule would repeal and replace Part 1263 to update these procedures.

Proposed Amendments to Part 1263

The purpose of the proposed rule is to update the procedures to implement SEQRA consistent with the rules and regulations adopted by the Commissioner.  Particularly, the rule would align the procedures of DOS and the State Fire Prevention and Building Code Council with 6 NYCRR Part 617, and identify additional Type II actions.

Rule Text. 

Invitation to Participate in Rule Making Process

The Department of State invites all interested parties, particularly those representing small businesses, local governments, and public or private interests in rural areas, to participate in the rule making process.  Interested parties are invited to submit comments on the proposed rule. 

If you have suggestions on how the proposed rule could be improved, suggested alternatives to the proposed rule that the Department of State could consider, or any other comments on the proposed rule, please contact Kevin Duerr-Clark, Code Development Unit, by mail at New York State Department of State Division of Buildings Standards & Codes, 99 Washington Ave., Albany, NY 12231-0001; by telephone at 518-473-4073; or by e mail at [email protected].

Rule Making Schedule:

Published in the New York State Register:    July 5, 2023

Public Comment Period Ends:                       September 11, 2023

Public Hearing to be held:                              September 6, 2023 at 10 a.m.

                                                                        Department of State   

                                                                        99 Washington Avenue

                                                                        Conf. Rm. #505

                                                                        Albany, New York 12231

Dated:  June 20, 2023

NOTE:      The proposed rule has not yet been adopted, and Part 1263 has not yet been amended in the manner described above.