Bill Text: NY S01386 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to requirements for lead agency, specifically in circumstances when actions involve the religious exercise of a person.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO ENVIRONMENTAL CONSERVATION [S01386 Detail]

Download: New_York-2015-S01386-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1386
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 12, 2015
                                      ___________
       Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Environmental Conservation
       AN ACT to amend the environmental conservation law, in relation  to  the
         requirements for lead agency
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision  6  of  section  8-0111  of  the  environmental
    2  conservation  law,  as  added  by  chapter  612  of the laws of 1975, is
    3  amended to read as follows:
    4    6. Lead Agency. (A) When an action is to be carried out or approved by
    5  two or more agencies, the determination of whether the action may have a
    6  significant effect on the environment shall be made by the  lead  agency
    7  having  principal  responsibility  for  carrying  out  or approving such
    8  action and such agency  shall  prepare,  or  cause  to  be  prepared  by
    9  contract or otherwise, the environmental impact statement for the action
   10  if such a statement is required by this article. In the event that there
   11  is  a question as to which is the lead agency, any agency may submit the
   12  question to the commissioner and the commissioner  shall  designate  the
   13  lead  agency, giving due consideration to the capacity of such agency to
   14  fulfill adequately the requirements of this article.
   15    (B) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE OR  ANY  OTHER
   16  LAW  TO  THE  CONTRARY, IN ANY CIRCUMSTANCE WHEN AN ACTION TO BE CARRIED
   17  OUT OR APPROVED BY TWO OR MORE AGENCIES INVOLVES THE RELIGIOUS  EXERCISE
   18  OF  A  PERSON, AS SUCH IS DEFINED BY THE RELIGIOUS LAND USE AND INSTITU-
   19  TIONALIZED PERSONS ACT OF 2000 (RLUIPA), 42 U.S.C. SS 2000CC,  ET  SEQ.,
   20  ONLY  A COUNTY OR STATE AGENCY MAY ACT AS THE LEAD AGENCY.  IN THE EVENT
   21  THE COUNTY OR STATE AGENCY DOES NOT HAVE THE  ABILITY  TO  BE  THE  LEAD
   22  AGENCY,  THE MUNICIPALITY SHALL GIVE A FINAL DETERMINATION WITHIN TWELVE
   23  CALENDAR MONTHS FROM THE DATE OF THE  APPLICATION.    IF  THE  APPLICANT
   24  DISAGREES  WITH SUCH DETERMINATION, THE DISAGREEMENT SHALL BE SETTLED BY
   25  BINDING ARBITRATION.  IN THE EVENT A MUNICIPALITY CHARGES THE  APPLICANT
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06560-01-5
       S. 1386                             2
    1  A  FEE  FOR AN ENGINEER OR PLANNER IN RELATION TO MAKING SUCH A DETERMI-
    2  NATION, THE MUNICIPALITY SHALL PROVIDE THE APPLICANT WITH  A  REASONABLE
    3  ESTIMATE  OF  THE  TOTAL FEE OR CHARGE OF SUCH ENGINEER OR PLANNER. SUCH
    4  FEE  OR  CHARGE SHALL NOT EXCEED FIFTY THOUSAND DOLLARS.  THE PROVISIONS
    5  OF THIS SUBDIVISION SHALL ONLY APPLY TO MUNICIPALITIES WITH A POPULATION
    6  OF FIFTY THOUSAND OR LESS.
    7    S 2. This act shall take effect immediately.