Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 03, 2010 |
reported referred to rules |
Apr 13, 2010 |
referred to environmental conservation |
Assembly Bill A10633
2009-2010 Legislative Session
Sponsored By
LIFTON
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Joan Christensen
William Colton
Aileen Gunther
Micah Kellner
multi-Sponsors
James F. Brennan
Marcos Crespo
Richard Gottfried
William Magee
2009-A10633 (ACTIVE) - Details
2009-A10633 (ACTIVE) - Sponsor Memo
BILL NUMBER:A10633 TITLE OF BILL: An act to amend the environmental conservation law, in relation to allowing local governments to enact or enforce certain laws and ordinances PURPOSE: To clarify the role of municipalities in governing oil, gas, and solution mining development within their jurisdiction. SUMMARY OF PROVISIONS: The bill amends subdivision 2 of § 23-0303 of the environmental conservation law, as added by section 846 of the laws of 1981, allowing for any local government to enact Or enforce local laws or ordinances of general applicability if the local laws do not express- ly regulate the oil, gas and solution mining industries regulated by state statute, regulation, or permit. Local governments shall not be prevented from enacting or enforcing local zoning ordinances or laws which determine permissible uses in zoning districts. EXISTING LAW: Subdivision 2 of § 23-0303 of the environmental conserva- tion law, as added by § 846 of the laws of 1981. JUSTIFICATION: Currently, local government officials are confused about whether their local zoning ordinances are preempted by state law and regulation in relation to the oil, gas, and solution mining industries. NY Court of Appeals case law interprets provisions of the ECL to
2009-A10633 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10633 I N A S S E M B L Y April 13, 2010 ___________ Introduced by M. of A. LIFTON, CHRISTENSEN, COLTON, GUNTHER, KELLNER, O'DONNELL, WEISENBERG, KAVANAGH -- Multi-Sponsored by -- M. of A. BRENNAN, CRESPO, GOTTFRIED, MILLMAN, SCHIMEL, THIELE -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to allowing local governments to enact or enforce certain laws and ordi- nances THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 23-0303 of the environmental conservation law, as added by section 846 of the laws of 1981, is amended to read as follows: 2. The provisions of this article shall supersede all local laws or ordinances relating to the regulation of the oil, gas and solution mining industries; but shall not supersede local government jurisdiction over local roads or the rights of local governments under the real prop- erty tax law PROVIDED, HOWEVER, THAT NOTHING IN THIS TITLE SHALL BE CONSTRUED TO PREVENT ANY LOCAL GOVERNMENT FROM: (A) ENACTING OR ENFORCING LOCAL LAWS OR ORDINANCES OF GENERAL APPLICA- BILITY EXCEPT THAT SUCH LOCAL LAWS SHALL NOT EXPRESSLY REGULATE THE OIL, GAS AND SOLUTION MINING INDUSTRIES REGULATED BY STATE STATUTE, REGU- LATION, OR PERMIT; OR (B) ENACTING OR ENFORCING LOCAL ZONING ORDINANCES OR LAWS WHICH DETER- MINE PERMISSIBLE USES IN ZONING DISTRICTS. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16679-01-0
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