Bill Text: NY A10628 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to applications made to the Central Pine Barrens joint planning and policy commission.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2012-06-19 - REFERRED TO RULES [A10628 Detail]

Download: New_York-2011-A10628-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10628
                                 I N  A S S E M B L Y
                                     June 11, 2012
                                      ___________
       Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Sweeney) --
         read once and referred to the Committee on Environmental Conservation
       AN ACT to amend the environmental conservation law, in relation  to  the
         Long Island Pine Barrens
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 57-0107 of the environmental  conservation  law  is
    2  amended by adding a new subdivision 16 to read as follows:
    3    16.  "COMPLETE APPLICATION" SHALL MEAN AN APPLICATION FOR A COMMISSION
    4  APPROVAL WHICH IS IN A FORM APPROVED BY  THE  COMMISSION  AND  WHICH  IS
    5  DETERMINED  BY THE COMMISSION TO BE COMPLETE FOR THE PURPOSE OF COMMENC-
    6  ING REVIEW OF THE APPLICATION, BUT WHICH MAY  NEED  TO  BE  SUPPLEMENTED
    7  DURING  THE COURSE OF ITS REVIEW AS TO MATTERS CONTAINED IN THE APPLICA-
    8  TION NECESSARY FOR THE COMMISSION TO MAKE  ITS  FINDINGS  AND  DECISIONS
    9  REQUIRED  BY  LAW. A COMPLETE APPLICATION SHALL INCLUDE SUCH DRAFT ENVI-
   10  RONMENTAL IMPACT STATEMENT AS MAY BE REQUIRED PURSUANT TO ARTICLE  EIGHT
   11  OF THIS CHAPTER.
   12    S 2. The closing paragraph of subdivision 10 of section 57-0121 of the
   13  environmental conservation law, as amended by chapter 289 of the laws of
   14  2006, is amended to read as follows:
   15    Within  thirty  days  of  the COMPLETE application being received, the
   16  commission shall provide the applicant and any other interested party an
   17  opportunity to be heard. Notice  of  any  public  hearing  conducted  in
   18  connection with an application for such a permit shall be published in a
   19  newspaper  of  general  circulation in the Central Pine Barrens area. If
   20  the proposed development is not contrary to the policy or any  provision
   21  of  this  title  and  meets  the  standards of extraordinary hardship or
   22  public need herein, and the commission so finds, it may issue  a  permit
   23  allowing  the  development  or  such  development subject to appropriate
   24  conditions or modifications to occur, provided that  permission  may  be
   25  revoked  by  the  commission  if  its  terms  are violated, and provided
   26  further that any such hardship permit issued by the commission shall  be
   27  in  addition  to,  and  not in lieu of, such permit or permits as may be
   28  required by any state agency or municipality within whose boundary  such
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD16205-02-2
       A. 10628                            2
    1  development is located. The time within which the commission must decide
    2  a  [core  preservation  area  hardship] COMPLETE application for which a
    3  negative declaration has been made by the commission pursuant to article
    4  eight  of  this  chapter is one hundred twenty days from receipt of such
    5  application. The time within which the commission must  decide  a  [core
    6  preservation  area  hardship]  COMPLETE application for which a positive
    7  declaration has been made by the commission pursuant to article eight of
    8  this chapter is sixty days from issuance of a findings statement by  the
    9  commission  pursuant to article eight of this chapter. If the commission
   10  fails to make a decision within the aforesaid time periods, the develop-
   11  ment shall be deemed to be approved by the commission,  unless  extended
   12  by mutual agreement of the applicant and commission.
   13    S 3. Paragraph (b) of subdivision 2 of section 57-0123 of the environ-
   14  mental conservation law, as added by chapter 145 of the laws of 1996, is
   15  amended to read as follows:
   16    (b)  The  commission  must  make  a decision ON A COMPLETE APPLICATION
   17  within [one hundred twenty days of the receipt of  a  complete  applica-
   18  tion] THE TIME PERIOD ESTABLISHED PURSUANT TO SUBDIVISION TEN OF SECTION
   19  57-0121 OF THIS TITLE. If the commission fails to make a decision within
   20  [one  hundred  twenty  days] THE AFORESAID TIME PERIODS, the development
   21  shall be deemed to be approved by the  commission,  unless  extended  by
   22  mutual  agreement  of  the applicant and the commission. [The commission
   23  must make a decision within one hundred twenty days of asserting  juris-
   24  diction  over a project that is before the commission based on the peti-
   25  tion by a commissioner. If the commission fails to make a decision with-
   26  in one hundred twenty days of the date of  asserting  jurisdiction,  the
   27  development  shall  be  deemed  to be approved by the commission, unless
   28  extended by mutual agreement of the applicant and the  commission.]  THE
   29  AFORESAID  TIME  PERIOD  AND THE PROCESSING AND REVIEW OF AN APPLICATION
   30  SHALL BE SUSPENDED BY THE COMMISSION WITH NOTICE TO THE APPLICANT  WHERE
   31  A  PROCEEDING  PURSUANT  TO  SECTION  57-0136  OF  THIS TITLE IS PENDING
   32  AGAINST THE APPLICANT WITH RESPECT TO THE PROPERTY AT ISSUE OR OTHERWISE
   33  ARISING OUT OF THE OWNERSHIP OR USE OF SUCH PROPERTY.
   34    S 4. This act shall take effect January 1, 2013 and shall apply to all
   35  applications received on and after such effective date.