Senate Bill S1039

2015-2016 Legislative Session

Transfers certain powers and duties of the department of environmental conservation to the newly established division of mineral resources

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Archive: Last Bill Status - In Senate Committee Finance 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to finance
Jan 08, 2015	referred to finance

2015-S1039 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add Art 28 §§825-a - 825-k, Exec L; amd §§1-0303, 23-0101 & 23-0313, En Con L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4899
2017-2018: S1307

2015-S1039 (ACTIVE) - Summary

Transfers certain powers and duties of the department of environmental conservation to the newly established division of mineral resources; provides that such division shall be responsible for ensuring the environmentally sound, economic development of New York's non-renewable energy and mineral resources for the benefit of current and future generations; provides for monitoring the extraction of oil and gas, and requires the reclamation of land after mining.

2015-S1039 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1039

TITLE OF BILL:

An act to amend the executive law and the environmental conservation
law, in relation to establishing the division of mineral resources and
transferring certain powers and duties from the department of
environmental conservation

PURPOSE OF THE BILL:

The purpose of the bill is to remove the division of mineral resources
from the aegis of the department of environmental conservation due to
the inherent conflict between the agency's responsibility in
protecting the environment and the division of mineral resources
mission to promote the use of the state's natural resources.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends the executive law by adding a new article
28 to establish a Division of Mineral Resources. The powers and duties
of the new division to include "ensuring the environmentally sound,
economic development of New York's non-renewal energy and mineral
resources" and "monitoring the extraction of oil and gas and require
the reclamation of land after mining". The bill also transfers all
powers, duties and functions set forth in article 23, including the

transfer of records and employees, to the new division.

Sections 2 and 3 of the bill amend subdivisions 4 and 11 of section
1-0303 and subdivisions 3 and 4 of section 23-0101 of the
environmental conservation law to provide definitional exceptions for
the terms "commissioner" and "department" to provide cross references
for the newly created Division of Mineral Resources.

Section 4 of the bill amends subparagraph 2 of paragraph d of
subdivision 1 of section 23-0313 of the environmental conservation
law, to remove the reference in this section regarding where "requests
for exception from disclosure" must be sent to remove the Division of
Mineral Resources from the address for the Department of Environmental
Conservation.

Section 5 of the bill sets forth an effective date of one hundred and
eighty days after it shall have become law; provided, however, that
effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized and directed to be made and completed on
or before such effective date.

JUSTIFICATION:

Throughout the nation the vast majority of states have separate
regulatory entities that address protection of the environment and
those that promote use of a state's natural resources. The reasons for
such separation are obvious in that the respective missions of these
types of entities have a different intent and purpose. The purpose of
the Department of Environmental Conservation is to conserve and
protect the environment through the use of strong environmental


safeguards.  Whereas the purpose of a mineral management agency, such
as the Division of Mineral Resources, is to promote the state's
natural resources through economic development of those resources
rather than protection of those resources.

However, in the state of New York the Division of Mineral Resources is
contained within the Department of Environmental Conservation creating
an inherent and substantive conflict of interest between the two
entities that have separate and distinct priorities that are often at
odds in both their purpose and intent.

This legislation will remove the Division of Mineral Resources from
within the Department of Environmental Conservation and make it an
independent division, In this way, each entity will be free to fulfill
its mission without the difficulty of navigating opposing purposes
between each entity within the same organization and without raising
the specter of improper conduct as a result of obvious conflicts of
interest.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

EFFECTIVE DATE:

This act would take effect one hundred and eighty days after it shall
have become law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.

2015-S1039 (ACTIVE) - Bill Text download pdf

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

                                  1039

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the executive law  and  the  environmental  conservation
  law, in relation to establishing the division of mineral resources and
  transferring certain powers and duties from the department of environ-
  mental conservation

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

  Section 1. The executive law is amended by adding a new article 28  to
read as follows:
                                ARTICLE 28
                      DIVISION OF MINERAL RESOURCES
SECTION 825-A. ESTABLISHMENT OF DIVISION OF MINERAL RESOURCES.
        825-B. DEFINITIONS.
        825-C. POWERS AND DUTIES.
        825-D. TRANSFER OF POWERS, DUTIES AND FUNCTIONS.
        825-E. TRANSFER OF RECORDS.
        825-F. TRANSFER OF EMPLOYEES.
        825-G. CONTINUITY OF AUTHORITY.
        825-H. COMPLETION OF UNFINISHED BUSINESS.
        825-I. TERMS OCCURRING IN LAWS, CONTRACTS AND OTHER DOCUMENTS.
        825-J. EXISTING RIGHTS AND REMEDIES PRESERVED.
        825-K. PENDING ACTIONS AND PROCEEDINGS.
  S  825-A.  ESTABLISHMENT  OF  DIVISION  OF MINERAL RESOURCES. THERE IS
HEREBY ESTABLISHED THE DIVISION OF MINERAL RESOURCES WHICH  SHALL  EXER-
CISE POWERS AND DUTIES PROVIDED IN THIS ARTICLE.
  S  825-B.  DEFINITIONS.  AS  USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1. "DIRECTOR" MEANS THE DIRECTOR OF THE DIVISION OF MINERAL RESOURCES.
  2. "DIVISION" MEANS THE DIVISION OF MINERAL RESOURCES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01959-01-5

S. 1039                             2

  S 825-C. POWERS AND DUTIES. THE  DIVISION  SHALL  BE  RESPONSIBLE  FOR
ENSURING  THE  ENVIRONMENTALLY SOUND, ECONOMIC DEVELOPMENT OF NEW YORK'S
NON-RENEWABLE ENERGY AND MINERAL RESOURCES FOR THE  BENEFIT  OF  CURRENT
AND  FUTURE  GENERATIONS.    THE  DIVISION  SHALL  FURTHER  MONITOR  THE
EXTRACTION  OF  OIL  AND  GAS, AND REQUIRE THE RECLAMATION OF LAND AFTER
MINING.
  S 825-D. TRANSFER OF POWERS, DUTIES AND FUNCTIONS. ALL POWERS,  DUTIES
AND  FUNCTIONS  CONFERRED UPON THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
TION BY ARTICLE TWENTY-THREE  OF  THE  ENVIRONMENTAL  CONSERVATION  LAW,
SHALL BE TRANSFERRED TO AND ASSUMED BY THE DIVISION.
  S  825-E. TRANSFER OF RECORDS. THE DEPARTMENT OF ENVIRONMENTAL CONSER-
VATION SHALL DELIVER TO THE BOARD ALL BOOKS, PAPERS, RECORDS AND PROPER-
TY AS REQUESTED BY THE BOARD.
  S 825-F. TRANSFER OF EMPLOYEES. UPON THE TRANSFER OF THE FUNCTIONS  OF
ARTICLE TWENTY-THREE OF THE ENVIRONMENTAL CONSERVATION LAW, ANY AFFECTED
EMPLOYEES  MAY BE TRANSFERRED TO THE DIVISION IN ACCORDANCE WITH SECTION
SEVENTY OF THE CIVIL SERVICE LAW.
  S 825-G. CONTINUITY OF AUTHORITY. FOR THE PURPOSE OF SUCCESSION TO ALL
FUNCTIONS, POWERS, DUTIES AND OBLIGATIONS TRANSFERRED AND  ASSIGNED  TO,
DEVOLVED  UPON  AND  ASSUMED BY THE DIVISION SHALL BE DEEMED AND HELD TO
CONSTITUTE THE CONTINUATION OF ARTICLE TWENTY-THREE OF THE ENVIRONMENTAL
CONSERVATION LAW PERTAINING TO THE POWERS AND FUNCTIONS TRANSFERRED.
  S 825-H. COMPLETION OF UNFINISHED  BUSINESS.  ANY  BUSINESS  OR  OTHER
MATTER  UNDERTAKEN  OR  COMMENCED  BY  THE  DEPARTMENT  OF ENVIRONMENTAL
CONSERVATION UNDER ARTICLE TWENTY-THREE OF THE  ENVIRONMENTAL  CONSERVA-
TION  LAW  PERTAINING  TO OR CONNECTED WITH THE FUNCTIONS, POWERS, OBLI-
GATIONS AND DUTIES TRANSFERRED AND ASSIGNED TO THE DIVISION, AND PENDING
ON THE EFFECTIVE DATE OF THIS ARTICLE MAY BE CONDUCTED AND COMPLETED  BY
THE  DIVISION IN THE SAME MANNER AND UNDER THE SAME TERMS AND CONDITIONS
AND WITH THE SAME EFFECT AS IF CONDUCTED AND COMPLETED BY THE DEPARTMENT
OF ENVIRONMENTAL CONSERVATION.
  S 825-I. TERMS OCCURRING  IN  LAWS,  CONTRACTS  AND  OTHER  DOCUMENTS.
WHENEVER  THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION IS REFERRED TO OR
DESIGNATED IN ANY LAW, CONTRACT OR DOCUMENTS  PERTAINING  TO  THE  FUNC-
TIONS,  POWERS,  OBLIGATIONS  AND DUTIES TRANSFERRED AND ASSIGNED TO THE
DIVISION, SUCH REFERENCE OR DESIGNATION SHALL BE DEEMED TO REFER TO  THE
DIVISION.
  S  825-J. EXISTING RIGHTS AND REMEDIES PRESERVED. NO EXISTING RIGHT OR
REMEDY OF ANY CHARACTER SHALL BE LOST, IMPAIRED OR AFFECTED BY REASON OF
THIS TITLE.
  S 825-K. PENDING ACTIONS AND  PROCEEDINGS.  NO  ACTION  OR  PROCEEDING
PENDING  AT  THE TIME WHEN THIS ARTICLE SHALL TAKE EFFECT, BROUGHT BY OR
AGAINST THE DEPARTMENT OF ENVIRONMENTAL  CONSERVATION  RELATING  TO  THE
FUNCTION,  POWER  OR  DUTY  TRANSFERRED TO OR DEVOLVED UPON THE DIVISION
SHALL BE AFFECTED BY THIS ARTICLE, BUT THE SAME  MAY  BE  PROSECUTED  OR
DEFENDED IN THE NAME OF THE DIVISION ACCOUNTABILITY AND UPON APPLICATION
TO THE COURT, THE DIVISION SHALL BE SUBSTITUTED AS A PARTY.
  S  2.  Subdivisions  4  and  11 of section 1-0303 of the environmental
conservation law are amended to read as follows:
  4. "Commissioner" shall mean the state Commissioner  of  Environmental
Conservation,  EXCEPT  FOR  THE PURPOSES OF ARTICLE TWENTY-THREE OF THIS
CHAPTER, COMMISSIONER SHALL MEAN THE DIRECTOR OF THE DIVISION OF MINERAL
RESOURCES.
  11. "Department" shall mean  the  state  Department  of  Environmental
Conservation,  EXCEPT  FOR  THE PURPOSES OF ARTICLE TWENTY-THREE OF THIS
CHAPTER, DEPARTMENT SHALL MEAN THE DIVISION OF MINERAL RESOURCES.

S. 1039                             3

  S 3. Subdivisions 3 and 4 of  section  23-0101  of  the  environmental
conservation  law,  as  amended  by chapter 846 of the laws of 1981, are
amended to read as follows:
  3.  "Commissioner"  means  the commissioner of environmental conserva-
tion, EXCEPT FOR THE PURPOSES OF THIS ARTICLE, COMMISSIONER  SHALL  MEAN
THE DIRECTOR OF THE DIVISION OF MINERAL RESOURCES.
  4.  "Department"  means  the department of environmental conservation,
EXCEPT FOR THE PURPOSES OF THIS ARTICLE, DEPARTMENT SHALL MEAN THE DIVI-
SION OF MINERAL RESOURCES.
  S 4. Subparagraph 2 of paragraph d of subdivision 1 of section 23-0313
of the environmental conservation law, as added by chapter  721  of  the
laws of 1989, is amended to read as follows:
  (2) The records subject to this paragraph may be excepted from disclo-
sure after the applicable six-month period pursuant to the provisions of
subdivision  two  of  section  eighty-seven  of  the public officers law
provided, however, that such records cannot be excepted from  disclosure
for  longer than two years after the commencement of the applicable six-
month period. A written request for the exception by the person furnish-
ing the records will not be considered unless it  is  submitted  to  the
department at least thirty days before the expiration date of the appli-
cable  six-month  period.  The request for the exception from disclosure
must be sent by certified mail, return receipt requested, and  addressed
to  the  New York State Department of Environmental Conservation, [Divi-
sion of Mineral Resources,] Records Custodian,  Albany,  New  York.  Any
person  may  make  a request to the department for disclosure of records
pursuant to this subparagraph in accordance  with  article  six  of  the
public officers law.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.

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Senate Bill S1039

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

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2015-S1039 (ACTIVE) - Details

2015-S1039 (ACTIVE) - Summary

2015-S1039 (ACTIVE) - Sponsor Memo

2015-S1039 (ACTIVE) - Bill Text download pdf

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Sponsored By

Tony Avella

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

2015-S1039 (ACTIVE) - Details

2015-S1039 (ACTIVE) - Summary

2015-S1039 (ACTIVE) - Sponsor Memo

2015-S1039 (ACTIVE) - Bill Text download pdf

Comments