S T A T E   O F   N E W   Y O R K
________________________________________________________________________
                                  1704
                       2015-2016 Regular Sessions
                          I N  A S S E M B L Y
                            January 12, 2015
                               ___________
Introduced  by  M. of A. CAHILL -- Multi-Sponsored by -- M. of A. CLARK,
  COLTON, COOK, ORTIZ, ROBINSON -- read once and referred to the Commit-
  tee on Environmental Conservation
AN ACT to amend the  environmental  conservation  law,  in  relation  to
  mining permits
  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
  Section 1. Paragraph (a) of subdivision 3 of section  23-2711  of  the
environmental  conservation  law, as added by chapter 166 of the laws of
1991, is amended to read as follows:
  (a) The chief administrative officer may  make  a  determination,  and
notify the department and applicant, in regard to:
  (i)  appropriate setbacks from property boundaries or public thorough-
fare rights-of-way,
  (ii) manmade or natural barriers designed to restrict access if  need-
ed, and, if affirmative, the type, length, height and location thereof,
  (iii) the control of dust,
  (iv) hours of operation, and
  (v) whether mining is prohibited at that location.
  Any determination made by a local government hereunder shall be accom-
panied  by  supporting  documentation justifying the particular determi-
nations on an individual basis. The chief  administrative  officer  must
provide  any  determinations, notices and supporting documents according
to the following schedule:
  (i) within [thirty] NINETY days after receipt for a major project,
  (ii) within [thirty] NINETY days after receipt for a minor project.
  S 2. This act shall take effect immediately and shall apply to  appli-
cations for permits received on or after such effective date.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06283-01-5