assembly Bill A845

2013-2014 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

Sponsored By

Archive: Last Bill Status - In Assembly Committee


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

Your Voice

do you support this bill?

Please enter your contact information

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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to environmental conservation
Jan 09, 2013 referred to environmental conservation

Co-Sponsors

A845 (ACTIVE) - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Rpld & add ยง23-0303 sub 2, En Con L
Versions Introduced in 2011-2012 Legislative Session:
A8557

A845 (ACTIVE) - Summary

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

A845 (ACTIVE) - Bill Text download pdf

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

                                   845

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. LIFTON, CAHILL, MILLMAN, ENGLEBRIGHT -- 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  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.