Assembly Bill A1704

2015-2016 Legislative Session

Relates to the time for response from a local government to an application for a mining permit

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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2015-A1704 (ACTIVE) - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §23-2711, En Con L
Versions Introduced in Other Legislative Sessions:
2009-2010: A682
2011-2012: A106
2013-2014: A1672
2017-2018: A90
2019-2020: A260
2021-2022: A1045

2015-A1704 (ACTIVE) - Summary

Provides that a local government shall have ninety days, increased from thirty, to make certain determinations in response to an application for mining activities.

2015-A1704 (ACTIVE) - Bill Text download pdf 

                            
                    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

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