(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.