senate Bill S5830

2011-2012 Legislative Session

Allows local governments to enact or enforce certain laws and ordinances relating to oil, gas and solution mining; repealer

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Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to environmental conservation
Jun 20, 2011 referred to rules

Co-Sponsors

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S5830 (ACTIVE) - Details

See Assembly Version of this Bill:
A8557
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Rpld & add §23-0303 sub 2, En Con L
Versions Introduced in 2013-2014 Legislative Session:
A845

S5830 (ACTIVE) - Summary

Allows local governments to enact or enforce certain laws and ordinances relating to oil, gas and solution mining.

S5830 (ACTIVE) - Sponsor Memo

S5830 (ACTIVE) - Bill Text download pdf

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

                                  5830

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 20, 2011
                               ___________

Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  allowing  local governments to enact or enforce certain laws and ordi-
  nances governing oil, gas and solution mining; and to  repeal  certain
  provisions of such law relating thereto

  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conservation  law  is REPEALED, and a new subdivision 2 is added to read
as follows:
  2. FOR THE PURPOSES STATED HEREIN, THIS SECTION  SHALL  SUPERSEDE  ALL
OTHER  STATE AND LOCAL LAWS RELATING TO THE OIL, GAS AND SOLUTION MINING
INDUSTRIES; PROVIDED, HOWEVER, THAT NOTHING IN  THIS  SECTION  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 OR  ORDINANCES  SHALL  NOT  REGULATE
OIL,  GAS AND SOLUTION MINING REGULATED BY STATE STATUTE, REGULATION, OR
PERMIT; OR
  B. ENACTING OR ENFORCING LOCAL ZONING ORDINANCES OR LAWS WHICH  DETER-
MINE  PERMISSIBLE  USES IN ZONING DISTRICTS. WHERE OIL, GAS AND SOLUTION
MINING IS DESIGNATED A PERMISSIBLE USE IN A ZONING DISTRICT AND  ALLOWED
BY  SPECIAL  USE  PERMIT,  CONDITIONS PLACED ON SUCH SPECIAL USE PERMITS
SHALL BE LIMITED TO THE FOLLOWING:
  (I) INGRESS AND EGRESS TO PUBLIC THOROUGHFARES CONTROLLED BY THE LOCAL
GOVERNMENT;
  (II) ROUTING OF DRILLING AND DRILLING-RELATED  TRANSPORT  VEHICLES  ON
ROADS CONTROLLED BY THE LOCAL GOVERNMENT;
  (III) REQUIREMENTS AND CONDITIONS AS SPECIFIED IN THE PERMIT ISSUED BY
THE  DEPARTMENT  CONCERNING  SETBACK FROM PROPERTY BOUNDARIES AND PUBLIC

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13192-03-1

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