Senate Bill S367

                            
                    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.