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Assembly Bill A6310

2009-2010 Legislative Session

Relates to mining permits

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Archive: Last Bill Status - In Assembly Committee

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2009-A6310 (ACTIVE) - Details

Current Committee:
Assembly Rules
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง23-2703 & 23-2711, En Con L

2009-A6310 (ACTIVE) - Summary

Relates to mining permits; provides that no agency shall consider an application for a permit to mine as complete or process such application for a permit to mine if the local zoning ordinance or law prohibits mining uses within the area proposed to be mined; makes related changes.

2009-A6310 (ACTIVE) - Bill Text download pdf 

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

                                  6310

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              March 2, 2009
                               ___________

Introduced  by M. of A. GORDON, LATIMER, JOHN, DelMONTE, McKEVITT, TOWN-
  SEND -- Multi-Sponsored by -- M. of A.  CHRISTENSEN,  JAFFEE,  MARKEY,
  MAYERSOHN, REILLY, WEISENBERG -- read once and referred to the Commit-
  tee 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:

  Section  1.  Section  23-2703 of the environmental conservation law is
amended by adding a new subdivision 4 to read as follows:
  4. NO AGENCY IN THIS STATE SHALL CONSIDER AN APPLICATION FOR A  PERMIT
TO  MINE  AS  COMPLETE  OR PROCESS SUCH APPLICATION FOR A PERMIT TO MINE
PURSUANT TO THIS TITLE IF A LOCAL  ZONING  ORDINANCE  OR  LAW  PROHIBITS
MINING  USES  WITHIN THE AREA PROPOSED TO BE MINED. HOWEVER, THE DEPART-
MENT MAY RENEW A PERMIT WHERE MINING WAS PERMITTED UNDER LOCAL ZONING AT
THE TIME THE INITIAL PERMIT WAS GRANTED. EXCEPT AS PROVIDED IN  SUBDIVI-
SION  THREE  OF  THIS SECTION, AN EXEMPTION MAY BE MADE IF THE APPLICANT
DEMONSTRATES TO THE DEPARTMENT THAT A VARIANCE FOR THE PROJECT HAS  BEEN
ISSUED BY THE MUNICIPALITY, PROVIDED THAT THE FACILITY LOCATION DOES NOT
AFFECT GROUNDWATER USED FOR A PUBLIC WATER SUPPLY.
  S  2. Section 23-2711 of the environmental conservation law is amended
by adding a new subdivision 1-a to read as follows:
  1-A. NO PERMIT, OR PERMIT RENEWAL, SHALL BE GRANTED BY THE  DEPARTMENT
FOR  ANY APPLICATION WHICH PLANS TO CONDUCT MINING ACTIVITIES IF A LOCAL
ZONING ORDINANCE OR LAW PROHIBITS THE PROPOSED MINING USE.   HOWEVER,  A
PERMIT  MAY  BE RENEWED WHERE THE MINING ACTIVITY WAS PERMISSIBLE AT THE
TIME OF THE INITIAL PERMIT.  AN EXEMPTION MAY BE MADE IF  THE  APPLICANT
DEMONSTRATES  TO THE DEPARTMENT THAT A VARIANCE FOR THE PROJECT HAS BEEN
ISSUED BY THE MUNICIPALITY.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06357-01-9

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