(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).
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.
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.