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

                                   629

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred 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.
              

                                                           LBD02774-01-3

A. 629                              2

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.