Bill Text: NY S00367 | 2015-2016 | General Assembly | Introduced
Bill Title: Authorizes the enactment or enforcement of local laws or ordinances requiring the monitoring of groundwater impacts resulting from mining or the reclamation of mines within counties with a population of one million or more which draws its primary source of drinking water for a majority of county residents from a designated sole source aquifer.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-06-17 - COMMITTED TO RULES [S00367 Detail]
Download: New_York-2015-S00367-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 367 A. 166
2015-2016 Regular Sessions
S E N A T E - A S S E M B L Y
(PREFILED)
January 7, 2015
___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Environmental
Conservation
IN ASSEMBLY -- Introduced by M. of A. THIELE, COLTON, ENGLEBRIGHT --
read once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
authorizing the enactment or enforcement of local laws or ordinances
requiring the monitoring of groundwater impacts resulting from mining
or the reclamation of mines within counties with a population of one
million or more which draw their primary source of drinking water for
a majority of county residents from a designated sole source aquifer
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 23-2703 of the environmental conservation law, as
2 amended by chapter 166 of the laws of 1991, is amended to read as
3 follows:
4 S 23-2703. Declaration of policy.
5 1. The legislature hereby declares that it is the policy of this state
6 to foster and encourage the development of an economically sound and
7 stable mining industry, and the orderly development of domestic mineral
8 resources and reserves necessary to assure satisfaction of economic
9 needs compatible with sound environmental management practices. The
10 legislature further declares it to be the policy of this state to
11 provide for the management and planning for the use of these non-renewa-
12 ble natural resources and to provide, in conjunction with such mining
13 operations, for reclamation of affected lands; to encourage productive
14 use including but not restricted to the planting of forests, the plant-
15 ing of crops for harvest, the seeding of grass and legumes for grazing
16 purposes, the protection and enhancement of wildlife and aquatic
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02394-01-5
S. 367 2 A. 166
1 resources, the establishment of recreational, home, commercial, and
2 industrial sites; to provide for the conservation, development, utiliza-
3 tion, management and appropriate use of all the natural resources of
4 such areas for compatible multiple purposes; to prevent pollution; to
5 protect and perpetuate the taxable value of property; to protect the
6 health, safety and general welfare of the people, as well as the natural
7 beauty and aesthetic values in the affected areas of the state.
8 2. For the purposes stated herein, this title shall supersede all
9 other state and local laws relating to the extractive mining industry;
10 provided, however, that nothing in this title shall be construed to
11 prevent any local government from:
12 a. enacting or enforcing local laws or ordinances of general applica-
13 bility, except that such local laws or ordinances shall not regulate
14 mining and/or reclamation activities regulated by state statute, regu-
15 lation, or permit; or
16 b. enacting or enforcing local zoning ordinances or laws which deter-
17 mine permissible uses in zoning districts. Where mining is designated a
18 permissible use in a zoning district and allowed by special use permit,
19 conditions placed on such special use permits shall be limited to the
20 following:
21 (i) ingress and egress to public thoroughfares controlled by the local
22 government;
23 (ii) routing of mineral transport vehicles on roads controlled by the
24 local government;
25 (iii) requirements and conditions as specified in the permit issued by
26 the department under this title concerning setback from property bounda-
27 ries and public thoroughfare rights-of-way natural or man-made barriers
28 to restrict access, if required, dust control and hours of operation,
29 when such requirements and conditions are established pursuant to subdi-
30 vision three of section 23-2711 of this title;
31 (iv) enforcement of reclamation requirements contained in mined land
32 reclamation permits issued by the state; or
33 c. enacting or enforcing local laws or ordinances regulating mining or
34 the reclamation of mines not required to be permitted by the state[.];
35 OR
36 D. ENACTING OR ENFORCING LOCAL LAWS OR ORDINANCES REQUIRING THE MONI-
37 TORING OF GROUNDWATER IMPACTS RESULTING FROM MINING OR THE RECLAMATION
38 OF MINES WITHIN COUNTIES WITH A POPULATION OF ONE MILLION OR MORE WHICH
39 DRAW THEIR PRIMARY SOURCE OF DRINKING WATER FOR A MAJORITY OF COUNTY
40 RESIDENTS FROM A DESIGNATED SOLE SOURCE AQUIFER.
41 3. No agency of this state shall consider an application for a permit
42 to mine as complete or process such application for a permit to mine
43 pursuant to this title, within counties with a population of one million
44 or more which [draws its] DRAW THEIR primary source of drinking water
45 for a majority of county residents from a designated sole source aqui-
46 fer, if local zoning laws or ordinances prohibit mining uses within the
47 area proposed to be mined.
48 S 2. This act shall take effect immediately.
