§ 6-08 Draft Environmental Impact Statements – Responsibility for Preparation.
RCNY § 6-08
(a)Non-agency applicants.
(1)(Rules add formal scoping, City Planning Rules 62 RCNY § 5-07. Interested and involved agencies assist with DEIS on request. See City Planning Rules 62 RCNY § 5-05(b)(2).) After receipt of a Notice of Determination pursuant to § 6-07(c)(3) of this chapter, a non-agency applicant shall notify the lead agencies in writing as to whether it will exercise its option to prepare or cause to be prepared a draft EIS, and as to whom it has designated to prepare the draft EIS, provided that no person so designated shall have an investment or employment interest in the ultimate realization of the proposed action; (2) (See also City Planning Rules 62 RCNY § 5-05(b)(3) for requirements of lead consultation on mitigations.) the lead agencies may prepare or cause to be prepared a draft EIS for an action involving a non-agency applicant. In such event, the applicant shall provide, upon request, an environmental report to assist the lead agencies in preparing or causing to be prepared the draft EIS and such other information as may be necessary. All agencies shall fully cooperate with the lead agencies in all matters relating to the preparation of the draft EIS.
(3)if the non-agency applicant does not exercise its option to prepare or cause to be prepared a draft EIS, and the lead agencies do not prepare or cause to be prepared such draft EIS, then the proposed action and review thereof shall terminate.
(b)Agency applicants.
(2)(See City Planning Rules 62 RCNY § 5-05(b)(3) for requirements of lead consultation on mitigations.) All agencies, whether or not they may be involved in the proposed action, shall fully cooperate with the lead agencies and the applicant agency in all matters relating to the coordination of the preparation of the draft EIS.
(c)Notwithstanding the provisions contained in subdivisions (a) and (b) of this section, when a draft EIS is prepared, the lead agencies shall make their own independent judgment of the scope, contents and adequacy of such draft EIS.
