S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9412
 
                           I N  A S S E M B L Y
 
                               March 3, 2022
                                ___________
 
 Introduced  by  M.  of  A.  EICHENSTEIN -- read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the civil rights law, in relation to  enacting  the  New
   York religious land use and religious exercise act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited as the  "New  York
 religious land use and religious exercise act".
   §  2.  Article 10 and sections 100 and 101 of the civil rights law, as
 renumbered by chapter 263 of the laws of 2019, are renumbered article 15
 and sections 150 and 151, respectively.
   § 3. The civil rights law is amended by adding a  new  article  10  to
 read as follows:
                                 ARTICLE 10
                 RELIGIOUS LAND USE AND RELIGIOUS EXERCISE
 SECTION 100. DEFINITIONS.
         101. RESTRICTION ON REGULATIONS AFFECTING RELIGIOUS LAND USE.
         102. RESTRICTION  ON REGULATIONS AFFECTING RELIGIOUS EXERCISE OF
                INSTITUTIONALIZED PERSONS.
         103. GOVERNMENT DISCRETION IN ALLEVIATING BURDENS  ON  RELIGIOUS
                EXERCISE.
         104. JUDICIAL RELIEF.
         105. RULES OF CONSTRUCTION.
         106. BROAD CONSTRUCTION.
         107. SEVERABILITY.
   § 100. DEFINITIONS. AS USED IN THIS ARTICLE:
   1.  "CLAIMANT"  MEANS  A  PERSON RAISING A CLAIM OR DEFENSE UNDER THIS
 ARTICLE.
   2. "DEMONSTRATES" MEANS MEETS THE BURDENS OF GOING  FORWARD  WITH  THE
 EVIDENCE AND OF PERSUASION.
   3. "FREE EXERCISE CLAUSE" MEANS THAT PORTION OF THE FIRST AMENDMENT TO
 THE  CONSTITUTION  THAT PROSCRIBES LAWS PROHIBITING THE FREE EXERCISE OF
 RELIGION.
   4. "GOVERNMENT" MEANS:
   (A) THE STATE;
   (B) THE GOVERNING BOARD OF A MUNICIPAL CORPORATION AS SUCH  TERMS  ARE
 DEFINED IN SECTION TWO OF THE GENERAL MUNICIPAL LAW;
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14330-02-2
 A. 9412                             2
 
   (C)  ANY  OTHER GOVERNMENTAL ENTITY CREATED UNDER THE AUTHORITY OF THE
 STATE OR A MUNICIPAL CORPORATION,  INCLUDING  BUT  NOT  LIMITED  TO  ANY
 BRANCH, DEPARTMENT, AGENCY OR INSTRUMENTALITY; OR
   (D) ANY OTHER PERSON ACTING UNDER COLOR OF STATE LAW.
   5.  "INSTITUTION" MEANS AN INSTITUTION, AS DEFINED IN SECTION 2 OF THE
 CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS ACT (42 U.S.C. § 1997).
   6. "LAND USE REGULATION" MEANS A ZONING OR  LANDMARKING  LAW,  OR  THE
 APPLICATION  OF SUCH A LAW, THAT LIMITS OR RESTRICTS A CLAIMANT'S USE OR
 DEVELOPMENT OF LAND (INCLUDING A STRUCTURE  AFFIXED  TO  LAND),  IF  THE
 CLAIMANT  HAS  AN  OWNERSHIP,  LEASEHOLD,  EASEMENT, SERVITUDE, OR OTHER
 PROPERTY INTEREST IN THE REGULATED LAND  OR  A  CONTRACT  OR  OPTION  TO
 ACQUIRE SUCH AN INTEREST.
   7.  "NATIVE  AMERICAN TRIBE" MEANS THOSE TRIBES, BANDS OR OTHER ORGAN-
 IZED GROUPS OF INDIANS RECOGNIZED IN THE  STATE  OR  CONSIDERED  BY  THE
 FEDERAL  SECRETARY  OF  THE  INTERIOR  TO BE A NATIVE AMERICAN OR INDIAN
 TRIBE OR A NATIVE AMERICAN OR INDIAN ORGANIZATION FOR ANY PURPOSE.
   8. "PERSON" MEANS ANY NATURAL PERSON, PARTNERSHIP, CORPORATION, COMPA-
 NY, TRUST, ASSOCIATION OR OTHER ENTITY, HOWEVER ORGANIZED.
   9. "PROGRAM OR ACTIVITY" MEANS ALL OF THE OPERATIONS OF ANY ENTITY  AS
 DESCRIBED IN PARAGRAPH (1) OR (2) OF SECTION 606 OF THE CIVIL RIGHTS ACT
 OF 1964 (42 U.S.C. § 2000D-4A).
   10. "RELIGIOUS EXERCISE" INCLUDES ANY EXERCISE OF RELIGION, WHETHER OR
 NOT  COMPELLED BY, OR CENTRAL TO, A SYSTEM OF RELIGIOUS BELIEF. THE USE,
 BUILDING, OR CONVERSION OF REAL PROPERTY FOR THE  PURPOSE  OF  RELIGIOUS
 EXERCISE  SHALL  BE CONSIDERED TO BE RELIGIOUS EXERCISE OF THE PERSON OR
 ENTITY THAT USES OR INTENDS TO USE THE PROPERTY FOR THAT PURPOSE.
   § 101. RESTRICTION ON REGULATIONS AFFECTING RELIGIOUS LAND  USE.    1.
 SUBSTANTIAL BURDENS.
   (A)  A  GOVERNMENT SHALL NOT IMPOSE OR IMPLEMENT A LAND USE REGULATION
 IN A MANNER THAT IMPOSES A SUBSTANTIAL BURDEN ON THE RELIGIOUS  EXERCISE
 OF  A  PERSON, INCLUDING A RELIGIOUS ASSEMBLY OR INSTITUTION, UNLESS THE
 GOVERNMENT DEMONSTRATES THAT IMPOSITION OF THE BURDEN  ON  THAT  PERSON,
 ASSEMBLY, OR INSTITUTION:
   (1) IS IN FURTHERANCE OF A COMPELLING INTEREST OF THE GOVERNMENT; AND
   (2)  IS  THE  LEAST  RESTRICTIVE  MEANS  OF FURTHERING SUCH COMPELLING
 INTEREST.
   (B) THE PROVISIONS OF THIS SUBDIVISION SHALL  APPLY  IN  ANY  CASE  IN
 WHICH:
   (1)  THE  SUBSTANTIAL  BURDEN IS IMPOSED IN A PROGRAM OR ACTIVITY THAT
 RECEIVES GOVERNMENT OR FEDERAL FINANCIAL ASSISTANCE, EVEN IF THE  BURDEN
 RESULTS FROM A RULE OF GENERAL APPLICABILITY; OR
   (2) THE SUBSTANTIAL BURDEN AFFECTS, OR THE REMOVAL OF THAT SUBSTANTIAL
 BURDEN  WOULD  AFFECT, COMMERCE WITH FOREIGN NATIONS, WITH ANOTHER STATE
 OR MUNICIPAL CORPORATION, OR WITH NATIVE AMERICAN TRIBES,  EVEN  IF  THE
 BURDEN RESULTS FROM A RULE OF GENERAL APPLICABILITY; OR
   (3)  THE SUBSTANTIAL BURDEN IS IMPOSED IN THE IMPLEMENTATION OF A LAND
 USE REGULATION OR SYSTEM OF LAND USE REGULATIONS, UNDER WHICH A  GOVERN-
 MENT  MAKES, OR HAS IN PLACE, FORMAL OR INFORMAL PROCEDURES OR PRACTICES
 THAT PERMIT THE GOVERNMENT TO MAKE, INDIVIDUALIZED  ASSESSMENTS  OF  THE
 PROPOSED USES FOR THE PROPERTY INVOLVED.
   2.  DISCRIMINATION  AND  EXCLUSION.  A  GOVERNMENT SHALL NOT IMPOSE OR
 IMPLEMENT A LAND USE REGULATION:
   (A) IN A MANNER THAT TREATS A RELIGIOUS  ASSEMBLY  OR  INSTITUTION  ON
 LESS THAN EQUAL TERMS WITH A NONRELIGIOUS ASSEMBLY OR INSTITUTION;
   (B)  THAT  DISCRIMINATES  AGAINST  ANY  ASSEMBLY OR INSTITUTION ON THE
 BASIS OF RELIGION OR RELIGIOUS DENOMINATION; OR
 A. 9412                             3
 
   (C) THAT TOTALLY EXCLUDES RELIGIOUS ASSEMBLIES FROM A JURISDICTION  OR
 UNREASONABLY  LIMITS  RELIGIOUS  ASSEMBLIES, INSTITUTIONS, OR STRUCTURES
 WITHIN A JURISDICTION.
   3.  DEFINITION.    AS  USED  IN THIS SECTION, "SUBSTANTIAL BURDEN" MAY
 INCLUDE:
   (A) BEING PROHIBITED FROM USING  A  PROPERTY  FOR  RELIGIOUS  EXERCISE
 WHERE THE USE IS OTHERWISE PERMITTED BY RIGHT OR SPECIAL EXCEPTION;
   (B)  AN  ACTUAL  AND SUBSTANTIAL FINANCIAL BURDEN IN PROCEEDING WITH A
 LAND USE PROJECT WHICH IS NOT ATTRIBUTABLE TO A FACTOR OR FACTORS  OTHER
 THAN THE LAND USE REGULATION AT ISSUE; OR
   (C)  AN  ACTUAL  AND  SUBSTANTIAL  DELAY IN PROCEEDING WITH A LAND USE
 PROJECT WHICH IS NOT ATTRIBUTABLE TO A FACTOR OR FACTORS OTHER THAN  THE
 LAND USE REGULATION AT ISSUE.
   §  102.  RESTRICTION  ON  REGULATIONS  AFFECTING RELIGIOUS EXERCISE OF
 INSTITUTIONALIZED PERSONS. 1. A GOVERNMENT SHALL NOT IMPOSE  A  SUBSTAN-
 TIAL  BURDEN  ON  THE  RELIGIOUS  EXERCISE  OF  A  PERSON RESIDING IN OR
 CONFINED TO AN INSTITUTION AS DEFINED IN SECTION  ONE  HUNDRED  OF  THIS
 ARTICLE,  EVEN  IF THE BURDEN RESULTS FROM A RULE OF GENERAL APPLICABIL-
 ITY, UNLESS THE GOVERNMENT DEMONSTRATES THAT IMPOSITION OF THE BURDEN ON
 THAT PERSON:
   (A) IS IN FURTHERANCE OF A COMPELLING INTEREST OF THE GOVERNMENT; AND
   (B) IS THE LEAST  RESTRICTIVE  MEANS  OF  FURTHERING  SUCH  COMPELLING
 INTEREST.
   2. THE PROVISIONS OF THIS SECTION SHALL APPLY IN ANY CASE IN WHICH:
   (A)  THE  SUBSTANTIAL  BURDEN IS IMPOSED IN A PROGRAM OR ACTIVITY THAT
 RECEIVES GOVERNMENT ASSISTANCE;
   (B) THE SUBSTANTIAL BURDEN AFFECTS, OR THE REMOVAL OF THAT SUBSTANTIAL
 BURDEN WOULD AFFECT, COMMERCE WITH FOREIGN NATIONS, WITH  ANOTHER  STATE
 OR MUNICIPAL CORPORATION, OR WITH NATIVE AMERICAN TRIBES.
   § 103. GOVERNMENT DISCRETION IN ALLEVIATING BURDENS ON RELIGIOUS EXER-
 CISE.  A  GOVERNMENT  MAY AVOID THE PREEMPTIVE FORCE OF ANY PROVISION OF
 THIS CHAPTER BY CHANGING THE  POLICY  OR  PRACTICE  THAT  RESULTS  IN  A
 SUBSTANTIAL  BURDEN  ON  RELIGIOUS  EXERCISE, BY RETAINING THE POLICY OR
 PRACTICE AND EXEMPTING THE SUBSTANTIALLY BURDENED RELIGIOUS EXERCISE, BY
 PROVIDING EXEMPTIONS FROM THE POLICY OR PRACTICE FOR  APPLICATIONS  THAT
 SUBSTANTIALLY  BURDEN  RELIGIOUS  EXERCISE,  OR  BY ANY OTHER MEANS THAT
 ELIMINATES THE SUBSTANTIAL BURDEN.
   § 104. JUDICIAL RELIEF. 1. (A) A PERSON MAY ASSERT A VIOLATION OF THIS
 ARTICLE AS A CLAIM OR DEFENSE IN A JUDICIAL PROCEEDING AND OBTAIN APPRO-
 PRIATE RELIEF AGAINST A GOVERNMENT.  JURISDICTION AND STANDING TO ASSERT
 A CLAIM OR DEFENSE UNDER THIS ARTICLE SHALL BE GOVERNED BY  THE  GENERAL
 RULES OF JURISDICTION AND STANDING UNDER NEW YORK LAW.
   (B) THE ATTORNEY GENERAL MAY BRING AN ACTION FOR INJUNCTIVE OR DECLAR-
 ATORY  RELIEF  TO  ENFORCE COMPLIANCE WITH THIS ARTICLE. NOTHING IN THIS
 ARTICLE SHALL BE CONSTRUED TO DENY,  IMPAIR,  OR  OTHERWISE  AFFECT  ANY
 RIGHT OR AUTHORITY OF THE ATTORNEY GENERAL OR OF ANY AGENCY, OFFICER, OR
 EMPLOYEE  OF THE STATE, ACTING UNDER ANY LAW OTHER THAN THIS ARTICLE, TO
 INSTITUTE OR INTERVENE IN ANY PROCEEDING.
   (C) AN ACTION MAY BE BROUGHT AS PROVIDED IN PARAGRAPH (A)  OR  (B)  OF
 THIS SUBDIVISION AS SOON AS ANY FINAL GOVERNMENT ACTION OCCURS.
   2.  IF  A  PLAINTIFF  PRODUCES PRIMA FACIE EVIDENCE TO SUPPORT A CLAIM
 ALLEGING A VIOLATION OF THIS ARTICLE,  THE  GOVERNMENT  SHALL  BEAR  THE
 BURDEN OF PERSUASION ON ANY ELEMENT OF THE CLAIM, EXCEPT THAT THE PLAIN-
 TIFF SHALL BEAR THE BURDEN OF PERSUASION ON WHETHER THE LAW (INCLUDING A
 REGULATION)  OR  GOVERNMENT  PRACTICE  THAT  IS  CHALLENGED BY THE CLAIM
 SUBSTANTIALLY BURDENS THE PLAINTIFF'S EXERCISE OF RELIGION.
 A. 9412                             4
 
   3. THE COURT, IN ITS DISCRETION AND IN AN APPROPRIATE CASE, MAY  AWARD
 ACTUAL DAMAGES AND REASONABLE ATTORNEY'S FEES TO A PREVAILING CLAIMANT.
   4.  IF  THE ONLY JURISDICTIONAL BASIS FOR APPLYING A PROVISION OF THIS
 ARTICLE IS A CLAIM THAT A SUBSTANTIAL BURDEN BY A  GOVERNMENT  ON  RELI-
 GIOUS EXERCISE AFFECTS, OR THAT REMOVAL OF THAT SUBSTANTIAL BURDEN WOULD
 AFFECT, COMMERCE WITH FOREIGN NATIONS, ANOTHER STATE OR MUNICIPAL CORPO-
 RATION, OR WITH NATIVE AMERICAN TRIBES, THE PROVISION SHALL NOT APPLY IF
 THE  GOVERNMENT  DEMONSTRATES  THAT  ALL  SUBSTANTIAL BURDENS ON, OR THE
 REMOVAL OF ALL SUBSTANTIAL  BURDENS  FROM,  SIMILAR  RELIGIOUS  EXERCISE
 THROUGHOUT  THE  STATE  WOULD NOT LEAD IN THE AGGREGATE TO A SUBSTANTIAL
 EFFECT ON COMMERCE WITH FOREIGN NATIONS, ANOTHER STATE, OR  WITH  NATIVE
 AMERICAN TRIBES.
   § 105. RULES OF CONSTRUCTION. NOTHING IN THIS ARTICLE SHALL:
   1.  BE  CONSTRUED  TO AUTHORIZE ANY GOVERNMENT TO BURDEN ANY RELIGIOUS
 BELIEF.
   2. CREATE ANY BASIS FOR RESTRICTING OR BURDENING RELIGIOUS EXERCISE OR
 FOR CLAIMS AGAINST A RELIGIOUS ORGANIZATION, INCLUDING  ANY  RELIGIOUSLY
 AFFILIATED SCHOOL OR UNIVERSITY, NOT ACTING UNDER COLOR OF LAW.
   3. CREATE OR PRECLUDE A RIGHT OF ANY RELIGIOUS ORGANIZATION TO RECEIVE
 FUNDING OR OTHER ASSISTANCE FROM A GOVERNMENT OR THE FEDERAL GOVERNMENT,
 OR OF ANY PERSON TO RECEIVE GOVERNMENT FUNDING FOR A RELIGIOUS ACTIVITY;
 PROVIDED,  HOWEVER,  THAT A GOVERNMENT MAY BE REQUIRED TO INCUR EXPENSES
 IN ITS OWN OPERATIONS TO AVOID IMPOSING A SUBSTANTIAL  BURDEN  ON  RELI-
 GIOUS EXERCISE.
   4. AUTHORIZE A GOVERNMENT TO REGULATE OR AFFECT, DIRECTLY OR INDIRECT-
 LY,  THE ACTIVITIES OR POLICIES OF A PERSON OTHER THAN A GOVERNMENT AS A
 CONDITION OF RECEIVING FUNDING OR  OTHER  ASSISTANCE,  OR  RESTRICT  ANY
 AUTHORITY  THAT  MAY EXIST UNDER OTHER LAW TO SO REGULATE OR AFFECT SUCH
 ACTIVITIES OR POLICIES, EXCEPT AS PROVIDED IN THIS ARTICLE.
   5. WITH RESPECT TO A CLAIM BROUGHT UNDER THIS CHAPTER, BE CONSTRUED AS
 PROOF THAT  A  SUBSTANTIAL  BURDEN  ON  A  PERSON'S  RELIGIOUS  EXERCISE
 AFFECTS,  OR  REMOVAL OF THAT BURDEN WOULD AFFECT, COMMERCE WITH FOREIGN
 NATIONS, ANOTHER STATE, OR WITH NATIVE AMERICAN TRIBES, SHALL NOT ESTAB-
 LISH ANY INFERENCE OR PRESUMPTION THAT THE LEGISLATURE INTENDS THAT  ANY
 RELIGIOUS  EXERCISE  IS,  OR  IS NOT, SUBJECT TO ANY LAW OTHER THAN THIS
 ARTICLE.
   6.  BE  CONSTRUED  TO  RESTRICT,  NEGATE  OR  OTHERWISE   WEAKEN   ANY
 PROTECTIONS  AFFORDED UNDER THE RELIGIOUS LAND USE AND INSTITUTIONALIZED
 PERSONS ACT OF 2000 (RLUIPA), 42 U.S.C. §§ 2000CC, ET SEQ.
   7. PREEMPT ANY OTHER STATE LAW THAT IS EQUALLY AS PROTECTIVE OF  RELI-
 GIOUS  EXERCISE  AS, OR MORE PROTECTIVE OF RELIGIOUS EXERCISE THAN, THIS
 ARTICLE.
   § 106. BROAD CONSTRUCTION. THIS ARTICLE SHALL BE CONSTRUED IN FAVOR OF
 A BROAD PROTECTION OF RELIGIOUS EXERCISE, TO THE MAXIMUM EXTENT  PERMIT-
 TED  BY  THE TERMS OF THIS ARTICLE, THE CONSTITUTION OF THE STATE OF NEW
 YORK AND THE CONSTITUTION OF THE UNITED STATES.
   § 107. SEVERABILITY. IF ANY CLAUSE, SENTENCE,  PARAGRAPH,  SECTION  OR
 PART  OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURIS-
 DICTION TO BE INVALID AND  AFTER  EXHAUSTION  OF  ALL  FURTHER  JUDICIAL
 REVIEW,  THE JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAIN-
 DER THEREOF, BUT SHALL BE CONFINED  IN  ITS  OPERATION  TO  THE  CLAUSE,
 SENTENCE,  PARAGRAPH,  SECTION OR PART OF THIS ARTICLE DIRECTLY INVOLVED
 IN THE CONTROVERSY IN WHICH THE JUDGMENT SHALL HAVE BEEN RENDERED.
   § 4. This act shall take effect immediately.