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Assembly Bill A779

2013-2014 Legislative Session

Allows local governments to enact or enforce certain laws and ordinances

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Archive: Last Bill Status - In Assembly Committee

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2013-A779 (ACTIVE) - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง23-0303, En Con L
Versions Introduced in Other Legislative Sessions:
2009-2010: A10633
2011-2012: A3245

2013-A779 (ACTIVE) - Summary

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

2013-A779 (ACTIVE) - Bill Text download pdf 

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

                                   779

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  LIFTON, COLTON, GUNTHER, KELLNER, O'DONNELL,
  WEISENBERG, KAVANAGH, MAISEL, CASTRO, DINOWITZ,  MAGNARELLI,  SCHIMEL,
  ROSENTHAL,  GALEF,  JAFFEE,  RODRIGUEZ, MARKEY, ABINANTI, SKARTADOS --
  Multi-Sponsored by -- M. of A.  BARRETT, BRAUNSTEIN, BRENNAN,  CRESPO,
  GOTTFRIED,  MAGEE,  MILLMAN,  THIELE  -- read once and referred to the
  Committee on Environmental 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.
                                                           LBD02454-01-3

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