Bill Text: NY A05499 | 2017-2018 | 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) 2018-01-03 - referred to environmental conservation [A05499 Detail]

Download: New_York-2017-A05499-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5499
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 9, 2017
                                       ___________
        Introduced by M. of A. WEPRIN -- read once and referred 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. §§ 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.
                                                                   LBD06268-01-7
        A. 5499                             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    § 2. This act shall take effect immediately.