Assembly Actions -
Senate Actions - UPPERCASE
|Jan 04, 2012||
referred to environmental conservation
|Jun 20, 2011||
referred to rules
Senate Bill S5830
2011-2012 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
2011-S5830 (ACTIVE) - Details
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:
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 Subdivision 2 of section 23-0303 of the environmental conservation law is REPEALED, and a new subdivision 2 is added to read as follows: 2.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
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