BILL NUMBER:S8043

TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
allowing local governments to enact or enforce certain laws and ordi-
nances

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 conser-
vation 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 expressly 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 conservation 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
conclude that a municipal zoning ordinance does not "relate to the regu-
lation" of the industry, as prohibited by subdivision 2 of § 23-0303 of
the environmental conservation law, but rather serves to regulate the
location, construction and use of buildings and land within its juris-
diction, as delegated to local government by Article IX of the State
Constitution.

This legislation clarifies that current local zoning law, and local
zoning laws enacted in the future, will dictate where oil, gas, and
solution mining is a permissible use, even with a regulatory program at
the state level.

LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None for state.

EFFECTIVE DATE:
Immediately.