Assembly Actions -
Senate Actions - UPPERCASE
|Jun 02, 2010||
referred to environmental conservation
Senate Bill S8043
2009-2010 Legislative Session
Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2009-S8043 (ACTIVE) - Details
2009-S8043 (ACTIVE) - Sponsor Memo
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:
2009-S8043 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8043 I N S E N A T E June 2, 2010 ___________ Introduced by Sen. OPPENHEIMER -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conser- vation 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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