|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to environmental conservation|
|Jan 09, 2013||referred to environmental conservation|
senate Bill S623
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S623 - Details
S623 - Summary
Relates to requirements for lead agency, specifically in circumstances when actions involve the religious exercise of a person.
S623 - Sponsor Memo
BILL NUMBER:S623 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 project,s 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
S623 - 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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