What's happening
This bill requires county or state agencies to act as lead agency for projects involving religious exercise in small municipalities, setting deadlines, arbitration, and fee limits.
Why it matters
Limits local discretion over religious land use applications in small towns. By requiring that only county or state agencies (not local municipal boards) act as the lead agency for environmental review, the bill reduces the ability of small municipalities to control or delay religious projects—potentially making it easier for religious groups to build or expand facilities.
Imposes strict timelines and dispute resolution. Municipalities must give a final determination within 12 months; if not, or if the applicant disagrees with the outcome, the matter goes to binding arbitration. This creates a clear, enforceable deadline and an alternative to potentially lengthy court battles, speeding up the process for religious applicants.
Caps review costs for religious applicants. The bill limits engineering or planning fees charged to applicants to no more than $50,000 and requires municipalities to provide a reasonable estimate up front. This helps prevent excessive or unpredictable costs that could otherwise discourage or delay religious projects.
Targets only smaller communities. The provisions apply only to municipalities with populations of 50,000 or less, focusing the impact on small towns and villages where local opposition or resource constraints might otherwise make religious land use more challenging.
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Who cares
Headline styles
Limit Local Lead Agency Choices
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 Power on Religious Sites
In Assembly Committee · Environmental Conservation · Sponsor David Weprin
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2828
2017-2018 Regular Sessions
IN SENATE
January 17, 2017
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 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
S. 2828 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.
Sponsor's memo
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 i 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
2015-2016: S.1386 - Referred to Environmental Conservation 2013-2014: S.623/A.629 - Died in En Con / Died in En Con 2011-2012: S.2851B/A.5697A Died in En Con / Died in En Con
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.