NY State Senate Bill 2015-S367

Senate Bill S367

2015-2016 Legislative Session

Authorizes the enactment or enforcement of local laws or ordinances requiring the monitoring of groundwater impacts resulting from mining or the reclamation of mines within certain counties

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Archive: Last Bill Status - In Senate Committee Rules 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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2016	committed to rules
May 25, 2016	advanced to third reading
May 24, 2016	2nd report cal.
May 23, 2016	1st report cal.1050
Jan 06, 2016	referred to environmental conservation
Jun 25, 2015	committed to rules
Jun 02, 2015	advanced to third reading
Jun 01, 2015	2nd report cal.
May 28, 2015	1st report cal.1071
Jan 07, 2015	referred to environmental conservation

Votes

- May 23, 2016 - Environmental Conservation Committee Vote
  S367
  
  10
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: May 23, 2016
      
      aye (10)
      
      Addabbo Jr.
      
      Avella
      
      Espaillat
      
      Funke
      
      Kaminsky
      
      LaValle
      
      Latimer
      
      Marcellino
      
      Ortt
      
      Young
      
      aye wr (3)
      
      Hoylman-Sigal
      
      Little
      
      O'Mara
  May 28, 2015 - Environmental Conservation Committee Vote
  S367
  
  8
  
  Aye
  
  0
  
  Nay
  
  5
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: May 28, 2015
      
      aye (8)
      
      Avella
      
      Espaillat
      
      Funke
      
      LaValle
      
      Marcellino
      
      O'Mara
      
      Ortt
      
      Young
      
      aye wr (5)
      
      Addabbo Jr.
      
      Hoylman-Sigal
      
      Latimer
      
      Little
      
      Serrano

2015-S367 (ACTIVE) - Details

See Assembly Version of this Bill:: A166
Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §23-2703, En Con L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7231, A9534
2017-2018: S4812, A6314

2015-S367 (ACTIVE) - Summary

Authorizes the enactment or enforcement of local laws or ordinances requiring the monitoring of groundwater impacts resulting from mining or the reclamation of mines within counties with a population of one million or more which draws its primary source of drinking water for a majority of county residents from a designated sole source aquifer.

2015-S367 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S367

 TITLE OF BILL :  An act to amend the environmental conservation law,
in relation to authorizing the enactment or enforcement of local laws
or ordinances requiring the monitoring of groundwater impacts
resulting from mining or the reclamation of mines within counties with
a population of one million or more which draw their primary source of
drinking water for a majority of county residents from a designated
sole source aquifer

 PURPOSE OR GENERAL IDEA OF BILL : Authorizes the enactment or
enforcement of local laws or ordinances requiring the monitoring of
groundwater impacts resulting from mining or the reclamation of mines
within counties with a population of one million or more which draw
their primary source of drinking water for a majority of county
residents from a designated sole source aquifer.

 SUMMARY OF SPECIFIC PROVISIONS : Section 23-2703 of the Environmental
Conservation Law is amended relating to enacting or enforcing local
laws or ordinances requiring the monitoring of groundwater impacts
resulting from mining or the reclamation of mines within counties with
a population of one million or more which draw their primary source of
drinking water for a majority of county residents from a designated
sole source aquifer.

 JUSTIFICATION : Recent findings from a study conducted by the New

York State Department of Environmental Conservation and Suffolk County
Department of Health Service's on the operations at a Horseblock Road
facility in Yaphank, NY, clearly outline the significant potential for
groundwater impacts associated with mining operations.

When mining operations are located within a New York State-designated
Special Groundwater Protection Area or an Aquifer Protection Overlay
Zone, we must take a proactive approach to environmental protection.
Because these special designations were enacted specifically to
protect the quality of drinking water located beneath fragile geologic
areas, any activity with the potential to contaminate groundwater in
an area of such environmental and public health importance must be
closely evaluated and monitored over time.

Therefore, it is in our best interest to require a comprehensive
groundwater monitoring program on and around mining sites for
reclaimed mines in area with which the primary source of drinking
water is a sole source aquifer.

Routine groundwater sampling and monitoring can help determine what,
if any, groundwater resources may be impacted from these types of
operations, and provide an early warning system for any current or
future groundwater contamination. Regular groundwater monitoring can
also help guide future operational and management policies and
regulations for similar facilities.

 PRIOR LEGISLATIVE HISTORY :  2014: A.9534/S.7231

 FISCAL IMPLICATIONS : To be determined.

 EFFECTIVE DATE : This act shall take effect immediately.

2015-S367 (ACTIVE) - Bill Text download pdf

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

    S. 367                                                    A. 166

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Environmental
  Conservation

IN  ASSEMBLY  --  Introduced  by M. of A. THIELE, COLTON, ENGLEBRIGHT --
  read once and referred to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  authorizing  the  enactment or enforcement of local laws or ordinances
  requiring the monitoring of groundwater impacts resulting from  mining
  or  the  reclamation of mines within counties with a population of one
  million or more which draw their primary source of drinking water  for
  a majority of county residents from a designated sole source aquifer

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 23-2703 of the environmental conservation  law,  as
amended  by  chapter  166  of  the  laws  of 1991, is amended to read as
follows:
S 23-2703. Declaration of policy.
  1. The legislature hereby declares that it is the policy of this state
to foster and encourage the development of  an  economically  sound  and
stable  mining industry, and the orderly development of domestic mineral
resources and reserves necessary  to  assure  satisfaction  of  economic
needs  compatible  with  sound  environmental  management practices. The
legislature further declares it to  be  the  policy  of  this  state  to
provide for the management and planning for the use of these non-renewa-
ble  natural  resources  and to provide, in conjunction with such mining
operations, for reclamation of affected lands; to  encourage  productive
use  including but not restricted to the planting of forests, the plant-
ing of crops for harvest, the seeding of grass and legumes  for  grazing
purposes,  the  protection  and  enhancement  of  wildlife  and  aquatic

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD02394-01-5

S. 367                              2                             A. 166

resources, the establishment  of  recreational,  home,  commercial,  and
industrial sites; to provide for the conservation, development, utiliza-
tion,  management  and  appropriate  use of all the natural resources of
such  areas  for  compatible multiple purposes; to prevent pollution; to
protect and perpetuate the taxable value of  property;  to  protect  the
health, safety and general welfare of the people, as well as the natural
beauty and aesthetic values in the affected areas of the state.
  2.  For  the  purposes  stated  herein, this title shall supersede all
other state and local laws relating to the extractive  mining  industry;
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 or ordinances shall not regulate
mining and/or reclamation activities 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. Where 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 mineral transport vehicles on roads controlled by the
local government;
  (iii) requirements and conditions as specified in the permit issued by
the department under this title concerning setback from property bounda-
ries and public thoroughfare rights-of-way natural or man-made  barriers
to  restrict  access,  if required, dust control and hours of operation,
when such requirements and conditions are established pursuant to subdi-
vision three of section 23-2711 of this title;
  (iv) enforcement of reclamation requirements contained in  mined  land
reclamation permits issued by the state; or
  c. enacting or enforcing local laws or ordinances regulating mining or
the  reclamation  of mines not required to be permitted by the state[.];
OR
  D. ENACTING OR ENFORCING LOCAL LAWS OR ORDINANCES REQUIRING THE  MONI-
TORING  OF  GROUNDWATER IMPACTS RESULTING FROM MINING OR THE RECLAMATION
OF MINES WITHIN COUNTIES WITH A POPULATION OF ONE MILLION OR MORE  WHICH
DRAW  THEIR  PRIMARY  SOURCE  OF DRINKING WATER FOR A MAJORITY OF COUNTY
RESIDENTS FROM A DESIGNATED SOLE SOURCE AQUIFER.
  3. No agency of this state shall consider an application for a  permit
to  mine  as  complete  or process such application for a permit to mine
pursuant to this title, within counties with a population of one million
or more which [draws its] DRAW THEIR primary source  of  drinking  water
for  a  majority of county residents from a designated sole source aqui-
fer, if local zoning laws or ordinances prohibit mining uses within  the
area proposed to be mined.
  S 2. This act shall take effect immediately.

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