senate Bill S2193

2011-2012 Legislative Session

Prohibits application for a permit to mine if a local law prohibits the proposed mining use within the area proposed to be mined

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to environmental conservation
Jan 18, 2011 referred to environmental conservation

S2193 - Bill Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง23-2703, En Con L
Versions Introduced in 2009-2010 Legislative Session:
S1258

S2193 - Bill Texts

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Prohibits the department of environmental conservation from approving an application or granting a permit to mine mineral resources if the locality within which such mining is proposed to take place has an effective local law, ordinance or resolution prohibiting such activity at the location at which such mining is proposed to take place.

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BILL NUMBER:S2193

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to the granting
of permits to mine

PURPOSE:
To prohibit the Department of Environmental Conservation from
approving an application or granting a permit to mine mineral
resources if the locality within which such mining is proposed to take
place has an effective local law or ordinance
prohibiting such activity at the location at which such mining is
proposed
to take place.

SUMMARY OF PROVISIONS:
Section 1 amends subdivision 3 of section 23-2703 of the
Environmental Conservation Law to provide that if mining is prohibited
by local law or ordinance
at the proposed location, the Department of Environmental
Conservation (nor any other agency in the State) may neither consider an
application for a permit to mine as complete, nor process an application
for a permit to mine.

Section 2 provides for the effective date.

EXISTING LAW:
Currently, Article 23 of the Environmental Conservation Law
(Mineral Resources) provides for a local government to be notified
when
an application has been made to the Department to mine within such
locality. It also provides a process by which the chief officer
of the locality can inform the Department as to whether or not
mining is prohibited at the location by the local government. The
current statute, however, allows the Department to ignore the local
land use controls and approve an application and grant a permit to
mine irrespective of such local controls, except within counties with
a population of one million or more which draws its primary source of
drinking water for the majority of the county residents from a designated
sole source aquifer (i.e.- Long Island).

JUSTIFICATION:
New York State has a strong tradition of municipal home rule.
Particularly in the area of land use control, New York statutes cedes
virtually all control to local governments, which are better
suited to respond to the needs of its inhabitants with respect to the
character of their community.
In the area of mining mineral resources, the state should not
abrogate this philosophy and, moreover, the Department of
Environmental Conservation should not expend the taxpayer's
resources to
review and grant a permit for an activity which is prohibited by local
regulation.

LEGISLATIVE HISTORY:


2009-2010: S.1258 - Referred to Environmental Conservation
2007-2008: S.448 - Referred to Environmental Conservation
2005-2006: S.315 - Referred to Environmental Conservation
2003-2004: S.477 - Referred to Environmental Conservation
2001-2002: S.4576 - Referred to Environmental Conservation
1999-2000: S.4967 - Referred to Environmental Conservation
1997-1998: S.1727 - Referred to Environmental Conservation
1995-1996: S.5582A - Referred to Environmental Conservation

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

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

                                  2193

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by  Sen.  SALAND -- 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  the
  granting of permits to mine

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

  Section 1. Subdivision 3  of  section  23-2703  of  the  environmental
conservation  law,  as  added  by  chapter  166  of the laws of 1991, is
amended to read as follows:
  3. No agency of 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[,  within  counties  with  a  population  of  one
million  or  more which draws its primary source of drinking water for a
majority of county residents from a designated sole source aquifer,]  if
local  [zoning]  laws  or ordinances prohibit THE PROPOSED mining USE OR
uses within the area proposed to be mined AT THE TIME OF APPLICATION, AS
DETERMINED BY THE CHIEF ADMINISTRATIVE OFFICER OF SUCH LOCAL  GOVERNMENT
PURSUANT  TO  PARAGRAPH  (A)  OF SUBDIVISION THREE OF SECTION 23-2711 OF
THIS TITLE.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05413-01-1

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