Senate Bill S2851B

2011-2012 Legislative Session

Relates to requirements for lead agency

download bill text pdf

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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to environmental conservation
Jun 06, 2011	print number 2851b
Jun 06, 2011	amend and recommit to environmental conservation
Apr 25, 2011	print number 2851a
Apr 25, 2011	amend and recommit to environmental conservation
Feb 02, 2011	referred to environmental conservation

Bill Amendments

co-Sponsors

2011-S2851 - Details

See Assembly Version of this Bill:: A5697
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §8-0111, En Con L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S623, A629
2015-2016: S1386, A3357
2017-2018: S2828, A5499
2019-2020: A4343

2011-S2851 - Summary

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

2011-S2851 - Sponsor Memo

                                BILL NUMBER:S2851

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to the
requirements for lead agency

PURPOSE OR GENERAL IDEA OF BILL:
Amends the environmental quality
review law with regard to what entity may serve as lead agency.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends section 8-0111 of the
environmental conservation law so that if an action to be carried out
or approved by two or more agencies involves the religious exercise
of a person, only a county or state agency may act as lead agency.

Section 2 provides that this act shall take effect immediately.

JUSTIFICATION:
The State Environmental Quality Review Act (SEQRA) was
enacted in 1976, so that environment impacts are duly considered when
projects are building in the state's cities, towns, villages and
rural areas. However, when projects are complex or controversial, is
it possible for consultants, or developers, or citizens groups, or
well organized opponents or advocate groups to effectively remove

control of the SEQRA process from the local public officials who
should be leading and shaping the process. Such loss of control by
local public officials of the SEQRA process is problematic because
the public officials taking part in the process are expected to be
honest brokers who will keep the process objective and fact-driven.

On a local level, conflicts between groups over projects concerning
the exercise of one's religion, can often polarize the SEQRA process
to a point where local officials have difficulty maintaining the
objectivity of the process. This legislation will help ensure the
objectivity of the local SEQRA process in such circumstances by
requiring that where an action involves the religious exercise of a
person or persons, as such is defined under the federal Religious
Land Use and Institutionalized Persons Act, a county or state agency
will be the lead agency.

PRIOR LEGISLATIVE HISTORY:
None. This is new legislation.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S2851 - Bill Text download pdf

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

                                  2851

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 2, 2011
                               ___________

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. 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.  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 INSTITUTIONALIZED 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.
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07304-01-1

co-Sponsors

2011-S2851A - Details

See Assembly Version of this Bill:: A5697
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §8-0111, En Con L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S623, A629
2015-2016: S1386, A3357
2017-2018: S2828, A5499
2019-2020: A4343

2011-S2851A - Summary

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

2011-S2851A - Sponsor Memo

                                BILL NUMBER:S2851A

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to the
requirements for lead agency

PURPOSE OR GENERAL IDEA OF BILL:
Amends the environmental quality review law with regard to what entity
may serve as lead agency.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends section 8-0111 of the environmental conservation law
so that if an action to be carried out or approved by two or more
agencies involves the religious exercise of a person, only a county
or state agency may act as lead agency.

Section 2 provides that this act shall take effect immediately.

JUSTIFICATION:
The State Environmental Quality Review Act (SEQRA) was enacted in
1976, so that environment impacts are duly considered when projects
are building in the state's cities, towns, villages and rural areas.
However, when projects are complex or controversial, is it possible
for consultants, or developers, or citizens groups, or well organized
opponents or advocate groups to effectively remove control of the

SEQRA process from the local public officials who should be leading
and shaping the process. Such loss of control by local public
officials of the SEQRA process is problematic because the public
officials taking part in the process are expected to be honest
brokers who will keep the process objective and fact-driven.

On a local level, conflicts between groups over projects concerning
the exercise of one's religion, can often polarize the SEQRA process
to a point where local officials have difficulty maintaining the
objectivity of the process. This legislation will help ensure the
objectivity of the local SEQRA process in such circumstances by
requiring that where an action involves the religious exercise of a
person or persons, as such is defined under the federal Religious
Land Use and Institutionalized Persons Act, a county or state agency
will be the lead agency.

PRIOR LEGISLATIVE HISTORY:
None. This is new legislation.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S2851A - Bill Text download pdf

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

                                 2851--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 2, 2011
                               ___________

Introduced  by  Sens.  PARKER, KRUGER -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Environmental
  Conservation  -- committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee

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. 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.  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 INSTITUTIONALIZED 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.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07304-03-1

2011-S2851B (ACTIVE) - Details

See Assembly Version of this Bill:: A5697
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §8-0111, En Con L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S623, A629
2015-2016: S1386, A3357
2017-2018: S2828, A5499
2019-2020: A4343

2011-S2851B (ACTIVE) - Summary

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

2011-S2851B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2851B

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to the
requirements for lead agency

PURPOSE OR GENERAL IDEA OF BILL:
Amends the environmental quality review law with regard to what entity
may serve as lead agency.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends section 8-0111 of the environmental conservation law
so that if an action to be carried out or approved by two or more
agencies involves the religious exercise of a person, only a county
or state agency may act as lead agency.

Section 2 provides that this act shall take effect immediately.

JUSTIFICATION:
The State Environmental Quality Review Act (SEQRA) was enacted in
1976, so that environment impacts are duly considered when projects
are building in the state's cities, towns, villages and rural areas.
However, when projects are complex or controversial, is it possible
for consultants, or developers, or citizens groups, or well organized
opponents or advocate groups to effectively remove control of the

SEQRA process from the local public officials who should be leading
and shaping the process. Such loss of control by local public
officials of the SEQRA process is problematic because the public
officials taking part in the process are expected to be honest
brokers who will keep the process objective and fact-driven.

On a local level, conflicts between groups over projects concerning
the exercise of one's religion, can often polarize the SEQRA process
to a point where local officials have difficulty maintaining the
objectivity of the process. This legislation will help ensure the
objectivity of the local SEQRA process in such circumstances by
requiring that where an action involves the religious exercise of a
person or persons, as such is defined under the federal Religious
Land Use and Institutionalized Persons Act, a county or state agency
will be the lead agency.

PRIOR LEGISLATIVE HISTORY:
None. This is new legislation.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S2851B (ACTIVE) - Bill Text download pdf

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

                                 2851--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 2, 2011
                               ___________

Introduced  by  Sens.  PARKER, KRUGER -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Environmental
  Conservation  -- committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee -- committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07304-06-1

S. 2851--B                          2

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
A FEE FOR AN ENGINEER OR PLANNER IN RELATION TO MAKING SUCH  A  DETERMI-
NATION,  THE  MUNICIPALITY SHALL PROVIDE THE APPLICANT WITH A REASONABLE
ESTIMATE OF THE TOTAL FEE OR CHARGE OF SUCH ENGINEER  OR  PLANNER.  SUCH
FEE  OR  CHARGE SHALL NOT EXCEED FIFTY THOUSAND DOLLARS.  THE PROVISIONS
OF THIS SUBDIVISION SHALL ONLY APPLY TO MUNICIPALITIES WITH A POPULATION
OF FIFTY THOUSAND OR LESS.
  S 2. This act shall take effect immediately.

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Senate Bill S2851B

Sponsored By

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

Actions

Bill Amendments

co-Sponsors

2011-S2851 - Details

2011-S2851 - Summary

2011-S2851 - Sponsor Memo

2011-S2851 - Bill Text download pdf

co-Sponsors

2011-S2851A - Details

2011-S2851A - Summary

2011-S2851A - Sponsor Memo

2011-S2851A - Bill Text download pdf

2011-S2851B (ACTIVE) - Details

2011-S2851B (ACTIVE) - Summary

2011-S2851B (ACTIVE) - Sponsor Memo

2011-S2851B (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Kevin S. Parker

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

Actions

Bill Amendments

co-Sponsors

Carl Kruger

2011-S2851 - Details

2011-S2851 - Summary

2011-S2851 - Sponsor Memo

2011-S2851 - Bill Text download pdf

co-Sponsors

Carl Kruger

2011-S2851A - Details

2011-S2851A - Summary

2011-S2851A - Sponsor Memo

2011-S2851A - Bill Text download pdf

2011-S2851B (ACTIVE) - Details

2011-S2851B (ACTIVE) - Summary

2011-S2851B (ACTIVE) - Sponsor Memo

2011-S2851B (ACTIVE) - Bill Text download pdf

Comments