Senate Bill S2828

2017-2018 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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2017-S2828 (ACTIVE) - Details

See Assembly Version of this Bill:
A5499
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
2013-2014: S623, A629
2015-2016: S1386, A3357
2019-2020: A4343

2017-S2828 (ACTIVE) - Summary

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

2017-S2828 (ACTIVE) - Sponsor Memo

2017-S2828 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2828
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2017
                                ___________
 
 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. §§ 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
 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.

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