Senate Bill S623

2013-2014 Legislative Session

Relates to requirements for lead agency

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-S623 (ACTIVE) - Details

See Assembly Version of this Bill:
A629
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §8-0111, En Con L
Versions Introduced in Other Legislative Sessions:
2011-2012: S2851, A5697
2015-2016: S1386, A3357
2017-2018: S2828, A5499
2019-2020: A4343

2013-S623 (ACTIVE) - Summary

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

2013-S623 (ACTIVE) - Sponsor Memo

2013-S623 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   623

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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:

  Section 1. Subdivision  6  of  section  8-0111  of  the  environmental
conservation  law,  as  added  by  chapter  612  of the laws of 1975, is
amended to read as follows:
  6. Lead Agency. (A) When an action is to be carried out or approved by
two or more agencies, the determination of whether the action may have a
significant effect on the environment shall be made by the  lead  agency
having  principal  responsibility  for  carrying  out  or approving such
action and such agency  shall  prepare,  or  cause  to  be  prepared  by
contract or otherwise, the environmental impact statement for the action
if such a statement is required by this article. In the event that there
is  a question as to which is the lead agency, any agency may submit the
question to the commissioner and the commissioner  shall  designate  the
lead  agency, giving due consideration to the capacity of such agency to
fulfill adequately the requirements of this article.
  (B) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE OR  ANY  OTHER
LAW  TO  THE  CONTRARY, IN ANY CIRCUMSTANCE WHEN AN ACTION TO BE CARRIED
OUT OR APPROVED BY TWO OR MORE AGENCIES INVOLVES THE RELIGIOUS  EXERCISE
OF  A  PERSON, AS SUCH IS DEFINED BY THE RELIGIOUS LAND USE AND INSTITU-
TIONALIZED PERSONS ACT OF 2000 (RLUIPA), 42 U.S.C. SS 2000CC,  ET  SEQ.,
ONLY  A COUNTY OR STATE AGENCY MAY ACT AS THE LEAD AGENCY.  IN THE EVENT
THE COUNTY OR STATE AGENCY DOES NOT HAVE THE  ABILITY  TO  BE  THE  LEAD
AGENCY,  THE MUNICIPALITY SHALL GIVE A FINAL DETERMINATION WITHIN TWELVE
CALENDAR MONTHS FROM THE DATE OF THE  APPLICATION.    IF  THE  APPLICANT
DISAGREES  WITH SUCH DETERMINATION, THE DISAGREEMENT SHALL BE SETTLED BY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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