NY State Senate Bill 2011-S3472

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 12, 2012	committee discharged and committed to rules notice of committee consideration - requested
Jan 04, 2012	referred to environmental conservation
Feb 23, 2011	referred to environmental conservation

co-Sponsors

View additional co-sponsors

2011-S3472 (ACTIVE) - Details

See Assembly Version of this Bill:: A3245
Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §23-0303, En Con L
Versions Introduced in 2011-2012 Legislative Session:: S3472, A3245

2011-S3472 (ACTIVE) - Summary

Allows local governments to enact or enforce certain laws and ordinances.

2011-S3472 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3472

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

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 conservation 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 town's zoning ordinance does not "relate to the
regulation" 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 the town, 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.

2011-S3472 (ACTIVE) - Bill Text download pdf

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

                                  3472

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 23, 2011
                               ___________

Introduced  by  Sens.  OPPENHEIMER,  BONACIC  --  read twice and ordered
  printed, and when printed to be committed to the Committee on Environ-
  mental Conservation

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.
                                                           LBD07758-01-1

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S3472

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

co-Sponsors

2011-S3472 (ACTIVE) - Details

2011-S3472 (ACTIVE) - Summary

2011-S3472 (ACTIVE) - Sponsor Memo

2011-S3472 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3472

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

co-Sponsors

2011-S3472 (ACTIVE) - Details

2011-S3472 (ACTIVE) - Summary

2011-S3472 (ACTIVE) - Sponsor Memo

2011-S3472 (ACTIVE) - Bill Text download pdf

Comments