What's happening
The bill requires county or state agencies to act as lead agencies for projects involving religious exercise in small municipalities, limits related fees, and sets decision deadlines.
Why it matters
Shifts key decision-making power to county or state agencies. for projects involving religious use in smaller municipalities, potentially reducing the influence of local governments over these projects.
Imposes a strict 12-month deadline for municipal decisions. if the county or state agency cannot serve as lead, which could speed up approval processes for religious institutions and limit lengthy local delays.
Caps professional fees (for engineers or planners) at $50,000. and requires municipalities to provide advance estimates, aiming to prevent excessive or unpredictable costs for religious applicants.
Mandates binding arbitration for disputes over municipal determinations. , creating a faster, less litigious path to resolve disagreements and potentially making it easier for religious organizations to challenge adverse decisions.
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Who cares
Headline styles
Limit Local Power on Religious Sites
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to environmental conservation
- 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.
Limit Local Lead Agency Choices
In Senate Committee · Environmental Conservation · Sponsor Kevin S. Parker
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5499
2017-2018 Regular Sessions
IN ASSEMBLY
February 9, 2017
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 Assembly, 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 Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. §§ 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 binding arbitration. In the event a municipality charges the applicant
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06268-01-7
A. 5499 2
a fee for an engineer or planner in relation to making such a determination, 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.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.