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Assembly Bill A682

2009-2010 Legislative Session

Relates to the time for response from a local government to an application for a mining permit

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Archive: Last Bill Status - In Assembly Committee

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2009-A682 (ACTIVE) - Details

See Senate Version of this Bill:
S2054
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง23-2711, En Con L
Versions Introduced in Other Legislative Sessions:
2011-2012: A106
2013-2014: A1672
2015-2016: A1704
2017-2018: A90
2019-2020: A260
2021-2022: A1045

2009-A682 (ACTIVE) - Summary

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

2009-A682 (ACTIVE) - Bill Text download pdf 

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

                                   682

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. CAHILL, ORTIZ, COLTON, KOON -- Multi-Sponsored by
  --  M.  of  A.  CLARK, COOK, ROBINSON -- 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:

  Section 1. Paragraph (a) of subdivision 3 of section  23-2711  of  the
environmental  conservation  law, as added by chapter 166 of the laws of
1991, is amended to read as follows:
  (a) The chief administrative officer may  make  a  determination,  and
notify the department and applicant, in regard to:
  (i)  appropriate setbacks from property boundaries or public thorough-
fare rights-of-way,
  (ii) manmade or natural barriers designed to restrict access if  need-
ed, and, if affirmative, the type, length, height and location thereof,
  (iii) the control of dust,
  (iv) hours of operation, and
  (v) whether mining is prohibited at that location.
  Any determination made by a local government hereunder shall be accom-
panied  by  supporting  documentation justifying the particular determi-
nations on an individual basis. The chief  administrative  officer  must
provide  any  determinations, notices and supporting documents according
to the following schedule:
  (i) within [thirty] NINETY days after receipt for a major project,
  (ii) within [thirty] NINETY days after receipt for a minor project.
  S 2. This act shall take effect immediately and shall apply to  appli-
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.
                                                           LBD00631-01-9

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