NY State Senate Bill 2011-S5830

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation 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
Jan 04, 2012	referred to environmental conservation
Jun 20, 2011	referred to rules

co-Sponsors

View additional co-sponsors

2011-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

2011-S5830 (ACTIVE) - Summary

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

2011-S5830 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5830

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  governing  oil,  gas  and  solution  mining; and to repeal
certain provisions of such law relating thereto

PURPOSE:
To authorize local governments to  address  natural  gas  drilling  in
their zoning or planning ordinances.

SUMMARY OF PROVISIONS:
Subdivision  2  of  section  23-0303 of the ECL is replaced with a new
section that authorizes local governments to consider whether  natural
gas   drilling  should  be  a  permissible  use  within  their  zoning
ordinances. The bill  further  outlines  the  specific  areas,  should
natural  gas drilling be considered a permissible use in a town zoning
ordinance, that the municipality may by special use permit regulate.

EXISTING LAW:
State law is currently  silent  on  the  issue  of  local  governments
exerting  authority  over  natural  gas drilling as a function of home
rule.

JUSTIFICATION:

While the  state  regulates  extractive  mining,  it  has  nonetheless
granted to local governments the authority to decide whether mining is
a  compatible  use within the context of a municipality's zoning laws.
The principles set forth in a court  of  appeals  decision  clarifying
this  issue  {Gernatt Asphalt Products v.  Town of Sardinia 87 N.Y. 2d
668 (1996)} are no less applicable to oil and gas mining,  i.e.,  that
local  governments  retain  the power to control land uses under their
home rule authority. The state  also  oversees  natural  gas  and  oil
drilling, but state law is silent on the issue of local authority over
natural gas drilling, and while the courts may uphold a municipality's
authority  to  do  so,  it  is  prudent  to  clarify  the law to avoid
litigation.

The bill further outlines what a municipality may include in the terms
of a special use permit when an application is approved by  the  state
for an area where the local government has decreed oil or gas mining a
permissible   use,  including  maintenance  and  repair  of  roads  to
standards enacted by local law.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
Immediate.

2011-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

S. 5830                             2

THOROUGHFARE RIGHTS-OF-WAY NATURAL  OR  MAN-MADE  BARRIERS  TO  RESTRICT
ACCESS, IF REQUIRED, DUST CONTROL AND HOURS OF OPERATION; AND
  (IV)  CONFORMANCE  TO  ROAD CONSTRUCTION STANDARDS AS MAY BE OTHERWISE
PROVIDED FOR BY LOCAL LAW; OR
  C. ENACTING OR ENFORCING LOCAL LAWS OR ORDINANCES REGULATING OIL,  GAS
AND SOLUTION MINING NOT REQUIRED TO BE PERMITTED BY THE STATE.
  S 2. This act shall take effect immediately.

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.