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S2851Senate2011-2012 SessionSame asA5697

Relates to requirements for lead agency

Sponsor Kevin S. ParkerSD-21Affects Environment & Energy
Status
In Senate Committee
Environmental Conservation
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Environmental Conservation

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Who cares

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Sponsors

Primary sponsor
Kevin S. Parker

Senator · Senate District 21

No co-sponsors yet.

History

  1. Referred to environmental conservation
  2. Print number 2851b
  3. Amend and recommit to environmental conservation
  4. Print number 2851a
  5. Amend and recommit to environmental conservation
  6. Referred to environmental conservation

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A5697Assembly

Relates to requirements for lead agency

In Assembly Committee · Environmental Conservation · Sponsor David Weprin

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's 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.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.