Bill Text: NY A01045 | 2021-2022 | General Assembly | Introduced

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Bill Title: Provides that a local government shall have ninety days, increased from thirty, to make certain determinations in response to an application for mining activities.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2022-01-05 - referred to environmental conservation [A01045 Detail]

Download: New_York-2021-A01045-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1045

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     January 7, 2021
                                       ___________

        Introduced  by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. COLTON,
          COOK -- read once and  referred  to  the  Committee  on  Environmental
          Conservation

        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          mining permits

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph  (a) of subdivision 3 of section 23-2711 of the
     2  environmental conservation law, as added by chapter 166 of the  laws  of
     3  1991, is amended to read as follows:
     4    (a)  The  chief  administrative  officer may make a determination, and
     5  notify the department and applicant, in regard to:
     6    (i) appropriate setbacks from property boundaries or public  thorough-
     7  fare rights-of-way,
     8    (ii)  manmade or natural barriers designed to restrict access if need-
     9  ed, and, if affirmative, the type, length, height and location thereof,
    10    (iii) the control of dust,
    11    (iv) hours of operation, and
    12    (v) whether mining is prohibited at that location.
    13    Any determination made by a local government hereunder shall be accom-
    14  panied by supporting documentation justifying  the  particular  determi-
    15  nations  on  an  individual basis. The chief administrative officer must
    16  provide any determinations, notices and supporting  documents  according
    17  to the following schedule:
    18    (i) within [thirty] ninety days after receipt for a major project,
    19    (ii) within [thirty] ninety days after receipt for a minor project.
    20    §  2. This act shall take effect immediately and shall apply to appli-
    21  cations for permits received on or after such effective date.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01478-01-1