S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6250
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2023
                                ___________
 
 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. §§ 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.
                                                            LBD09905-01-3
              

 A. 6250                             2
 
 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.
   § 2. This act shall take effect immediately.