§ 5-02 General Provisions.
RCNY § 5-02
(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.
(3)The reference to "a determination pursuant to 43 RCNY § 6-03(b)" contained in 43 RCNY § 6-05(b)(1) shall be deemed to refer to selection of a lead agency pursuant to 62 RCNY § 5-03.
(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.
(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)
