A10628 Summary:
BILL NO | A10628 |
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SAME AS | No same as |
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SPONSOR | Rules (Sweeney) |
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COSPNSR | |
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MLTSPNSR | |
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Amd SS57-0107, 57-0121 & 57-0123, En Con L | |
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Relates to applications made to the Central Pine Barrens joint planning and policy commission. |
A10628 Actions:
BILL NO | A10628 | |||||||||||||||||||||||||||||||||||||||||||||||||
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06/11/2012 | referred to environmental conservation | |||||||||||||||||||||||||||||||||||||||||||||||||
06/13/2012 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2012 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2012 | rules report cal.401 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2012 | ordered to third reading rules cal.401 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2012 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2012 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2012 | REFERRED TO RULES |
A10628 Floor Votes:
Yes
Abbate
Yes
Ceretto
Yes
Glick
Yes
Lentol
Yes
Murray
Yes
Ryan
Yes
Abinanti
Yes
Clark
Yes
Goldfeder
Yes
Lifton
Yes
Nolan
Yes
Saladino
Yes
Amedore
Yes
Colton
Yes
Goodell
Yes
Linares
Yes
Oaks
Yes
Sayward
Yes
Arroyo
ER
Conte
Yes
Gottfried
Yes
Lopez PD
Yes
O'Donnell
Yes
Scarborough
Yes
Aubry
Yes
Cook
Yes
Graf
Yes
Lopez VJ
Yes
Ortiz
Yes
Schimel
Yes
Barclay
Yes
Corwin
Yes
Gunther
Yes
Losquadro
Yes
Palmesano
Yes
Schimminger
Yes
Barrett
Yes
Crespo
Yes
Hanna
Yes
Lupardo
Yes
Paulin
Yes
Simanowitz
Yes
Barron
Yes
Crouch
Yes
Hawley
Yes
Magee
Yes
Peoples Stokes
Yes
Simotas
ER
Benedetto
Yes
Curran
Yes
Heastie
Yes
Magnarelli
Yes
Perry
Yes
Skartados
Yes
Blankenbush
Yes
Cusick
Yes
Hevesi
Yes
Maisel
Yes
Pretlow
Yes
Smardz
Yes
Boyland
Yes
Cymbrowitz
Yes
Hikind
Yes
Malliotakis
Yes
Quart
Yes
Stevenson
Yes
Boyle
Yes
DenDekker
Yes
Hooper
Yes
Markey
Yes
Ra
Yes
Sweeney
Yes
Braunstein
Yes
Dinowitz
Yes
Jacobs
Yes
Mayer
Yes
Rabbitt
Yes
Tedisco
Yes
Brennan
Yes
Duprey
Yes
Jaffee
Yes
McDonough
Yes
Raia
Yes
Tenney
Yes
Brindisi
Yes
Englebright
ER
Jeffries
Yes
McEneny
Yes
Ramos
Yes
Thiele
Yes
Bronson
Yes
Espinal
Yes
Johns
Yes
McKevitt
Yes
Reilich
Yes
Titone
Yes
Brook Krasny
Yes
Farrell
Yes
Jordan
Yes
McLaughlin
Yes
Reilly
Yes
Titus
Yes
Burling
Yes
Finch
Yes
Katz
ER
Meng
Yes
Rivera J
Yes
Tobacco
Yes
Butler
Yes
Fitzpatrick
Yes
Kavanagh
Yes
Miller D
Yes
Rivera N
Yes
Walter
Yes
Cahill
Yes
Friend
Yes
Kearns
Yes
Miller JM
Yes
Rivera PM
Yes
Weinstein
Yes
Calhoun
Yes
Gabryszak
Yes
Kellner
Yes
Miller MG
Yes
Roberts
Yes
Weisenberg
Yes
Camara
Yes
Galef
Yes
Kolb
Yes
Millman
Yes
Robinson
Yes
Weprin
Yes
Canestrari
Yes
Gantt
ER
Lancman
Yes
Montesano
Yes
Rodriguez
Yes
Wright
Yes
Castelli
ER
Gibson
Yes
Latimer
Yes
Morelle
Yes
Rosenthal
Yes
Zebrowski
Yes
Castro
Yes
Giglio
Yes
Lavine
Yes
Moya
Yes
Russell
Yes
Mr. Speaker
‡ Indicates voting via videoconference
A10628 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 10628 IN ASSEMBLY June 11, 2012 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Sweeney) -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to the Long Island Pine Barrens The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 57-0107 of the environmental conservation law is 2 amended by adding a new subdivision 16 to read as follows: 3 16. "Complete application" shall mean an application for a commission 4 approval which is in a form approved by the commission and which is 5 determined by the commission to be complete for the purpose of commenc- 6 ing review of the application, but which may need to be supplemented 7 during the course of its review as to matters contained in the applica- 8 tion necessary for the commission to make its findings and decisions 9 required by law. A complete application shall include such draft envi- 10 ronmental impact statement as may be required pursuant to article eight 11 of this chapter. 12 § 2. The closing paragraph of subdivision 10 of section 57-0121 of the 13 environmental conservation law, as amended by chapter 289 of the laws of 14 2006, is amended to read as follows: 15 Within thirty days of the complete application being received, the 16 commission shall provide the applicant and any other interested party an 17 opportunity to be heard. Notice of any public hearing conducted in 18 connection with an application for such a permit shall be published in a 19 newspaper of general circulation in the Central Pine Barrens area. If 20 the proposed development is not contrary to the policy or any provision 21 of this title and meets the standards of extraordinary hardship or 22 public need herein, and the commission so finds, it may issue a permit 23 allowing the development or such development subject to appropriate 24 conditions or modifications to occur, provided that permission may be 25 revoked by the commission if its terms are violated, and provided 26 further that any such hardship permit issued by the commission shall be 27 in addition to, and not in lieu of, such permit or permits as may be 28 required by any state agency or municipality within whose boundary such EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16205-02-2A. 10628 2 1 development is located. The time within which the commission must decide 2 a [core preservation area hardship] complete application for which a 3 negative declaration has been made by the commission pursuant to article 4 eight of this chapter is one hundred twenty days from receipt of such 5 application. The time within which the commission must decide a [core6preservation area hardship] complete application for which a positive 7 declaration has been made by the commission pursuant to article eight of 8 this chapter is sixty days from issuance of a findings statement by the 9 commission pursuant to article eight of this chapter. If the commission 10 fails to make a decision within the aforesaid time periods, the develop- 11 ment shall be deemed to be approved by the commission, unless extended 12 by mutual agreement of the applicant and commission. 13 § 3. Paragraph (b) of subdivision 2 of section 57-0123 of the environ- 14 mental conservation law, as added by chapter 145 of the laws of 1996, is 15 amended to read as follows: 16 (b) The commission must make a decision on a complete application 17 within [one hundred twenty days of the receipt of a complete applica-18tion] the time period established pursuant to subdivision ten of section 19 57-0121 of this title. If the commission fails to make a decision within 20 [one hundred twenty days] the aforesaid time periods, the development 21 shall be deemed to be approved by the commission, unless extended by 22 mutual agreement of the applicant and the commission. [The commission23must make a decision within one hundred twenty days of asserting juris-24diction over a project that is before the commission based on the peti-25tion by a commissioner. If the commission fails to make a decision with-26in one hundred twenty days of the date of asserting jurisdiction, the27development shall be deemed to be approved by the commission, unless28extended by mutual agreement of the applicant and the commission.] The 29 aforesaid time period and the processing and review of an application 30 shall be suspended by the commission with notice to the applicant where 31 a proceeding pursuant to section 57-0136 of this title is pending 32 against the applicant with respect to the property at issue or otherwise 33 arising out of the ownership or use of such property. 34 § 4. This act shall take effect January 1, 2013 and shall apply to all 35 applications received on and after such effective date.