Section 192(e) of the Charter provides that the City Planning Commission "shall oversee implementation of laws that require environmental reviews of actions taken by the city" and that the Commission "shall establish by rule procedures for environmental reviews of proposed actions by the city where such reviews are required by law." These rules are intended to exercise that mandate by redefining lead agencies within the city in accordance with law, prescribing the relationship of the new Office of Environmental Coordination with those agencies and regulating scoping. The organization and numbering of the various sections of these rules are not intended to correspond precisely to Executive Order 91. [43 RCNY Chapter 6, also, see Appendix A hereto]. Rather, these rules are an overlay on Executive Order 91. Where these rules conflict with Executive Order 91, these rules supersede the Executive Order. In deciding upon the appropriate lead agency for certain classes of actions taken by the city, the City Planning Commission has selected the involved agency "principally responsible for carrying out, funding or approving" those actions. 6 NYCRR § 617.2(v). For private ULURP applications, for § 197-a plans and for all actions primarily involving a zoning map or text change, the City Planning Commission, responsible under the Charter "for the conduct of planning relating to the orderly growth, improvement and future development of the city" (Section 192(d) of the Charter), is the lead agency. For other ULURP applications, the city agency applicant, the agency that will generally be involved with ensuring programmatic implementation of the action, is the lead agency. Most of the remaining lead agency designations in the rules similarly address other approvals required by the Charter by designating the agency charged with ensuring programmatic implementation as the lead agency for those approvals. In appropriate cases, a lead agency designated by the rules may transfer its lead agency status to another involved agency. The rules ensure that lead agencies have access to the technical and administrative expertise of the Office of Environmental Coordination. Finally, the rules provide for involved and interested agencies, including the City Council, to participate in the environmental review process, and ensure a role for the public in scoping.
(a) Continuation of Executive Order No. 91 [43 RCNY §§ 6-01 et seq.] [See Appendix A to these rules]. Until the City Planning Commission promulgates further rules governing environmental review of actions taken by the city, Executive Order No. 91 of August 24, 1977, as amended (Executive Order 91), shall continue to govern environmental quality review in the city except where inconsistent with these rules, provided, however, that the following provisions of Executive Order 91 shall not apply: the definitions of "Agency", "Lead Agencies" and "Project data statement" defined in 43 RCNY § 6-02, 43 RCNY § 6-03(b), 43 RCNY § 6-05(a), the introductory paragraph of 43 RCNY § 6-05(b), paragraphs one and two of 43 RCNY § 6-12(a), 43 RCNY § 6-14, and subdivision (b) of the TYPE II part of 43 RCNY § 6-15.
(b) Rules of Construction.
(1) All functions required by Executive Order 91 to be performed by the "lead agencies," as formerly defined in 43 RCNY § 6-02, shall be performed by the lead agency prescribed by or selected pursuant to these rules or by the Office of Environmental Coordination where authorized by these rules.
(2) Wherever Executive Order 91 explicitly or by implication refers to subdivision (b) of the Type II part of 43 RCNY § 6-15, such reference shall be deemed to be to § 617.13(d) of the SEQRA Regulations.
(4) The Office of Environmental Coordination shall succeed to functions performed by the City Clerk pursuant to Executive Order 91 with respect to the receipt and filing of documents.
(5) References in these rules and in Executive Order 91 to specific agencies and provisions of law shall be deemed to apply to successor agencies and provisions of law.
(c) Definitions.
(1) All definitions contained in Executive Order 91, other than the definitions of "agency" and "lead agencies", shall apply to these rules.
(2) "Action" as defined in 43 RCNY § 6-02, includes all contemporaneous or subsequent actions that are included in a review pursuant to City Environmental Quality Review.
(3) The following additional definitions shall apply to these rules unless otherwise noted:
Agency. "Agency" shall mean any agency, administration, department, board, commission, council, governing body or other governmental entity of the city of New York, including but not limited to community boards, borough boards and the offices of the borough presidents, unless otherwise specifically referred to as a state or federal agency.
City Environmental Quality Review. "City Environmental Quality Review" (CEQR) shall mean the environmental quality review procedure established by Executive Order 91 as modified by these rules.
Determination of Significance. "Determination of significance" shall mean a negative declaration, conditional negative declaration or notice of determination (positive declaration).
Developable Site. “Developable site” means a zoning lot, including the development site, within the area that is the subject of the action that the lead agency determines is likely to be developed as a result of the action.
Development Site. “Development site” means the zoning lot all or part of which the applicant proposes to develop through the action.
Interested Agency. "Interested agency" shall mean an agency that lacks jurisdiction to fund, approve or directly undertake an action but requests or is requested to participate in the review process because of its specific concern or expertise about the proposed action.
Involved Agency. "Involved agency" shall mean any agency that has jurisdiction to fund, approve or directly undertake an action pursuant to any provision of law, including but not limited to the Charter or any local law or resolution. The City Council shall be an involved agency for all actions for which, as a component of the approval procedure for the action or a part thereof, the City Council has the power to approve or disapprove, regardless of whether the City Council chooses to exercise such power.
Lead Agency. "Lead agency" shall mean the agency principally responsible for environmental review pursuant to these rules.
Natural Resource. “Natural Resource” means surface water bodies; wetland resources; upland resources, such as beaches, shrublands, meadows, and forests; or other significant or sensitive resources.
Scoping. "Scoping" shall mean the process by which the lead agency identifies the significant issues related to the proposed action which are to be addressed in the draft environmental impact statement including, where possible, the content and level of detail of the analysis, the range of alternatives, the mitigation measures needed to minimize or eliminate adverse impacts, and the identification of non-relevant issues.
SEQRA Regulations. "SEQRA Regulations" shall mean Part 617 of Volume 6 of New York Codes, Rules and Regulations.
(d) Applicability. These rules and Executive Order 91 shall apply to environmental review by the city that is required by the State Environmental Quality Review Act (Environmental Conservation Law, Article 8) and regulations of the State Department of Environmental Conservation thereunder and shall not be construed to require environmental quality review of an action where such review would not otherwise be required by such act and regulations, or to dispense with any such review where it is otherwise required.
(Amended City Record 4/25/2024, eff. 5/25/2024)
(a) General Rule. Where only one agency is involved in an action, that agency shall be the lead agency.
(1) For actions subject to the Uniform Land Use Review Procedure of Section 197-c of the Charter (ULURP), and for which the applicant is not a city agency, the City Planning Commission shall be the lead agency.
(2) For actions that involve plans for the development, growth and improvement of the city, its boroughs and community districts (Section 197-a of the Charter), the City Planning Commission shall be the lead agency.
(ii) If the applicant for any action requiring a zoning map or text change is not a city agency, the City Planning Commission shall be the lead agency.
(iii) If the action involves a zoning map or text change, in addition to another approval under Section 197-c of the Charter (ULURP) for which there is a city agency applicant, then the city agency applicant shall be the lead agency, provided, however, that the City Planning Commission shall be the lead agency if:
(A) The action involves a zoning map or text change that covers or may apply to areas substantially larger than the properties covered by the non-zoning approvals required under Section 197-c of the Charter; or
(B) The city agency applicant and the Chair of the City Planning Commission agree that the action involves a zoning map or text change that changes the uses permitted so as to substantially alter the area zoning pattern.
(4) For all other actions subject to Section 197-c of the Charter (ULURP) for which the applicant is a city agency, and for actions subject to Section 668 of the Charter for which the applicant is a city agency, the city agency applicant shall be the lead agency. Where there is more than one city agency applicant, the city agency applicants shall agree upon which of them will be the lead agency, using the selection procedure set forth in subdivision (h) of this section.
(5) Where no other provision of this section applies and an action involves a special permit or variance from the Board of Standards and Appeals (Section 668 of the Charter) for which the applicant is not a city agency, the Board of Standards and Appeals shall be the lead agency.
(c) Section 195 Acquisitions of Office Space or Existing Buildings for Office Use. For actions involving acquisitions of office space or existing buildings for office use (Section 195 of the Charter ), the agency filing the notice of intent to acquire shall be the lead agency.
(d) Local Laws. The City Council and the Office of the Mayor shall be co-lead agencies for local laws. Either agency may at any time delegate to the other its lead agency status and act instead as an involved agency. In addition, after introduction of a proposed local law, the City Council may assume sole lead agency status after giving the Mayor five days notice.
(e) Franchises, Revocable Consents, and Concessions. For actions involving franchises, revocable consents and concessions, the responsible agency as defined in Section 362(c) of the Charter shall be the lead agency.
(f) Leasing of Wharf Property for Waterfront Commerce or Navigation and Waterfront Plans. For actions involving the leasing of wharf property belonging to the city primarily for purposes of waterfront commerce or in furtherance of navigation (Section 1301(2)(f) of the Charter), the Department of Business Services shall be the lead agency, provided that the Department of Transportation shall be the lead agency for such actions when it is acting pursuant to Section 2903(c)(2) of the Charter. For actions involving determinations of the Commissioner of Business Services pursuant to Section 1302 of the Charter (waterfront plans), the Department of Ports and Trade shall be the lead agency.
(g) Selection of Lead Agency in the Case of Multiple Involved Agencies.
(1) Subdivision (b) of this section, which governs lead agency designation for actions involving approvals pursuant to ULURP or Section 197-a, 200, 201 or 668 of the Charter, shall always govern determination of the lead agency regardless of whether the action involves additional approvals pursuant to other provisions of law.
(2) For any other action involving more than one agency, the agencies designated in subdivisions (c) through (f) of this section and any agencies involved in any required city approval, other than approvals described in such subdivisions, shall agree upon which of them will be the lead agency, using the selection procedure set forth in subdivision (h) of this section.
(h) Procedure for Selection of Lead Agency. In selecting a lead agency where agreement among agencies is required by this section, and in deciding whether transfer of lead agency status is appropriate, the agencies making the selection or decision shall determine which agency is most appropriate to act as lead agency for the particular action. In making such determination, such agencies shall consider, but shall not be limited to considering, the following criteria:
(1) The agency that will have the greater degree of responsibility for planning and implementing the action;
(2) The agency that will be involved for a longer duration;
(3) The agency that has the greater capability for providing the most thorough environmental assessment;
(4) The agency that has the more general governmental powers as compared to single or limited powers or purposes;
(5) The agency that will provide the greater level of funding for the action;
(6) The agency that will act earlier on the proposed action; and
(7) The agency that has the greater role in determining the policies resulting in or affecting the proposed action.
(i) Transfer of Lead Agency Status. Lead agency status may be transferred from the lead agency, at its discretion, to an involved agency that agrees to become the lead agency. In deciding whether a transfer of lead agency status is appropriate, agencies shall use the selection procedure set forth in subdivision (h) of this section. Notice of transfer of lead agency status must be given by the new lead agency to the applicant and all other involved and interested agencies within 10 days of the transfer. The Chair of the City Planning Commission may act on behalf of such Commission pursuant to this subdivision.
(j) Selection of Lead Agency Where Actions Involve City and State Agencies. Where an action involves both city and state agencies, the city agency prescribed by or selected pursuant to subdivisions (a) through (i) of this section shall, together with such state agencies, participate in selection of the lead agency pursuant to SEQRA, and such selection shall be binding upon the city. The criteria set forth in § 617.6(e)(5) of the SEQRA Regulations shall be considered in deciding whether or not a city agency shall serve as lead agency. The Office of Environmental Coordination shall perform the functions set forth in subdivision (d) of 62 RCNY § 5-04.
(a) The Director of City Planning and the Commissioner of the Department of Environmental Protection shall designate persons from the staffs of the Departments of City Planning and Environmental Protection who shall comprise the Office of Environmental Coordination (OEC). The OEC shall provide assistance to all city agencies in fulfilling their environmental review responsibilities.
(b) The OEC shall perform any environmental review function assigned to it by a lead agency, except the OEC may not issue, amend or rescind a determination of significance, notice of completion of a draft or final environmental impact statement, written findings following issuance of a final environmental impact statement, or analogous statements, notices or findings for a supplemental environmental impact statement. In addition, the lead agency may not delegate to the OEC its responsibility to issue the final scope or to attend the scoping meeting; however, the lead agency may delegate to the OEC the power to chair the scoping meeting.
(c) In addition to any other functions the OEC may perform pursuant to these rules, the OEC shall:
(1) Work with appropriate city agencies to develop and maintain technical standards and methodologies for environmental review and, upon request, assist in the application by agencies of such standards and methodologies;
(2) Work with appropriate city agencies to develop and maintain a technical database that may be utilized by applicants and city agencies in completing the standardized environmental assessment statement described in this subdivision and in preparation of draft and final environmental impact statements;
(3) Prepare and maintain a standardized environmental assessment statement, which shall provide guidance in determining whether the action may have a significant effect on the environment;
(4) At the request of a lead agency, coordinate the work of the technical staffs of interested agencies in order to complete environmental review, and expedite responses by interested agencies to requests of the lead agency;
(5) (i) Receive and maintain on file notifications of commencement of environmental review, determinations of significance (including completed environmental assessment statements), draft and final scopes issued pursuant to 62 RCNY § 5-07, draft and final environmental impact statements, and significant supporting documentation comprising the official records of environmental reviews,
(ii) provide to the public upon request, or make available for inspection by the public during normal business hours, materials maintained on file pursuant to this paragraph,
(iii) publish a quarterly listing of all notifications of commencement, determinations of significance, draft and final scopes and draft and final environmental impact statements received and filed pursuant to this paragraph, and
(iv) in its discretion, advise lead agencies as to whether such documents are consistent with standards and methodologies developed pursuant to this subdivision and reflect proper use of the standardized environmental assessment statement;
(6) Provide to lead agencies staff training, management assistance, model procedures, coordination with other agencies, and other strategies intended to remedy any problems that arise with respect to consistency with standards and methodologies developed pursuant to this subdivision or proper use of the standardized environmental assessment statement;
(7) Provide to lead agencies a format for notices of public scoping meetings, assist lead agencies in ensuring that public scoping meetings are conducted in an effective manner, and, to the extent the OEC deems appropriate, comment on the draft scope and participate in such meetings;
(8) Prepare standardized forms for notifications of commencement of environmental review, determinations of significance, notices of completion of draft and final environmental impact statements, and, as may be appropriate, other environmental review documents; and
(9) Work with appropriate city agencies to develop and implement a tracking system to ensure that mitigation measures are implemented in a timely manner, and to evaluate and report on the effectiveness of mitigation measures.
(d) Any state agency that seeks a determination whether a city agency shall serve as the lead agency for an action that involves city and state agencies should initially communicate with the OEC. Upon receipt of such communication, the OEC shall ascertain the city agency which is designated as lead agency by or pursuant to these rules and shall notify such agency of such communication. Such designated agency may then act pursuant to subdivision (j) of § 3 of these rules.
(e) Where an action or part thereof has been or will be reviewed by a federal agency, the OEC shall assist city agencies in coordinating review with the appropriate federal agency.
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