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State shortens SEQRA review clock and delays Article 78 start date, presenters say
Summary
Presenters said the law now requires a significance determination within one year of establishing lead agency and sets a two-year default for draft EIS preparation; it also delays the start of the statute-of-limitations for judicial SEQRA challenges until final land-use approvals are issued.
Presenters explained two separate timing changes that affect how quickly boards must act under SEQRA. First, the statute now imposes an outer limit: lead agencies must make a determination of significance within one year of establishing lead agency. "Now we need to make that determination within 1 year of establishing lead agency," Presenter said. Second, if a positive declaration is issued, the draft EIS must be prepared and made available within two years, although the agency may extend that deadline in consultation with the applicant.
On litigation timelines, presenters said the clock for an Article 78 challenge no longer begins when a SEQRA determination (e.g., a negative declaration) is issued; instead, the limitation period starts only after final land-use approvals are granted. Presenters described this as a legislative effort to align the challenge period with the completion of the overall land-use process and noted that courts may still interpret the change in early litigation.
