S T A T E O F N E W Y O R K
________________________________________________________________________
260
2019-2020 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2019
___________
Introduced by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. COLTON,
COOK, ORTIZ -- read once and referred to the Committee on Environ-
mental 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.
§ 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.
LBD01883-01-9