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Senate Bill S8041

2009-2010 Legislative Session

Requires the department of environmental conservation to consider road impacts in evaluating natural gas permits; relates to moratoriums on drilling

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Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

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2009-S8041 (ACTIVE) - Details

Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง23-0305, En Con L

2009-S8041 (ACTIVE) - Summary

Requires the department of environmental conservation to consider road impacts in evaluating natural gas drilling or removal permits and to require the posting of a bond for damage caused by vehicles associated with the drilling; allows localities to enact moratoriums on natural gas drilling or exploration as part of a local zoning law or other local law.

2009-S8041 (ACTIVE) - Sponsor Memo

2009-S8041 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8041

                            I N  S E N A T E

                              June 2, 2010
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  requiring  the  department  of  environmental conservation to consider
  local road impacts in  evaluating  natural  gas  drilling  or  removal
  permits  and  to  require  the  posting of a bond for damage caused by
  vehicles associated with the drilling

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  intent. The intent of this legislation is to
empower municipalities to enact local zoning laws  or  ordinances  which
impose  reasonable safeguards for the health, safety, and welfare of its
citizens against community impacts of gas  drilling  or  exploration  in
such  municipality.  This  legislation shall not authorize the permanent
prohibition of such gas drilling or exploration in such municipality.
  S 2. Subdivision 8 of section 23-0305 of the  environmental  conserva-
tion  law  is  amended  by  adding two new paragraphs l and m to read as
follows:
  L. EVALUATE PERMITS IT ISSUES OR OTHERWISE APPROVES FOR  THE  DRILLING
OR REMOVAL OF NATURAL GAS, CONSIDER THE TRAFFIC ROUTES UTILIZED BY MOTOR
VEHICLES  INVOLVED  WITH  THE DRILLING OR REMOVAL OF THE GAS AND REQUIRE
THE POSTING OF A RECLAMATION BOND FOR ANY DAMAGE DONE TO  STATE,  COUNTY
OR  MUNICIPAL  ROADS. THE BOND SHALL INURE TO THE BENEFIT OF THE GOVERN-
MENTAL ENTITY (STATE, COUNTY, CITY, TOWN, OR VILLAGE) WHICH OWNS OR  HAS
RESPONSIBILITY  FOR  THE  CONSTRUCTION  OR MAINTENANCE OF THE ROAD FOR A
PERIOD OF TIME DETERMINED  BY  THE  PERMIT  ISSUING  OFFICIAL  FROM  THE
DEPARTMENT.
  M.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, NOTHING SHALL
PRECLUDE A TOWN, CITY OR VILLAGE FROM ENACTING A MORATORIUM  ON  NATURAL
GAS DRILLING OR EXPLORATION AS PART OF A LOCAL ZONING LAW OR OTHER LOCAL
LAW. ANY SUCH MORATORIUM, IF ENACTED, SHALL BE FOR THE PURPOSE OF DETER-
MINING  THE  COMMUNITY  IMPACTS OF DRILLING OR EXPLORATION IN SUCH TOWN,
CITY OR VILLAGE. SUCH MORATORIUM SHALL  BE  ENACTED  FOR  A  PERIOD  NOT
GREATER THAN SIX MONTHS.

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

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