S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8026
 
                             I N  S E N A T E
 
                              March 10, 2020
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law, in relation  to  the
   regulation of mining and 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; and to repeal  certain  provisions  of  such  law
   relating thereto
 
   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  is
 REPEALED and a new section 23-2703 is added to read as follows:
 § 23-2703. DECLARATION OF POLICY.
   1.  A.  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.
 SOUND ENVIRONMENTAL MANAGEMENT PRACTICES SHALL INCLUDE THE PROTECTION OF
 WATER  RESOURCES  AND PUBLIC HEALTH 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 AQUI-
 FER.
   B. 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-RE-
 NEWABLE NATURAL RESOURCES AND  TO  PROVIDE,  IN  CONJUNCTION  WITH  SUCH
 MINING  OPERATIONS,  FOR  RECLAMATION  OF  AFFECTED  LANDS; TO ENCOURAGE
 PRODUCTIVE USE INCLUDING BUT NOT LIMITED TO THE PLANTING OF FORESTS, THE
 PLANTING OF CROPS FOR HARVEST, THE SEEDING  OF  GRASS  AND  LEGUMES  FOR
 GRAZING PURPOSES, THE PROTECTION AND ENHANCEMENT OF WILDLIFE AND AQUATIC
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14356-04-0

 S. 8026                             2

 PROTECT AND PERPETUATE THE TAXABLE VALUE OF PROPERTY; AND 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.  EXCEPT AS PROVIDED BY THIS SUBDIVISION AND BY SUBDIVISION THREE OF
 THIS SECTION, THIS TITLE SHALL SUPERSEDE ALL OTHER STATE AND LOCAL  LAWS
 RELATING  TO THE EXTRACTIVE MINING INDUSTRY. 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.
   D. IN ADDITION TO THE AUTHORITY GRANTED TO LOCAL GOVERNMENTS  PURSUANT
 TO THIS SUBDIVISION, 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, LOCAL GOVERN-
 MENTS SHALL ALSO BE EMPOWERED  TO  REGULATE  MINING  AND/OR  RECLAMATION
 ACTIVITIES FOR THE PROTECTION OF WATER QUALITY AND THE PUBLIC HEALTH, AS
 PERMITTED BY SUBDIVISION THREE OF THIS SECTION.
   3. WITHIN COUNTIES WITH A POPULATION OF ONE MILLION OR MORE WHICH DRAW
 THEIR  PRIMARY  SOURCE  OF DRINKING WATER FOR A MAJORITY OF COUNTY RESI-
 DENTS FROM A DESIGNATED SOLE SOURCE  AQUIFER,  LOCAL  GOVERNMENTS  SHALL
 HAVE  CONCURRENT  AUTHORITY  WITH  THE  DEPARTMENT TO REGULATE MINING BY
 LOCAL LAW FOR THE PURPOSES OF THE PROTECTION OF WATER QUALITY AND PUBLIC
 HEALTH. SUCH LOCAL LAWS MAY PROVIDE FOR BUT ARE NOT LIMITED TO:
   A. THE REGULATION OR PROHIBITION OF MINING ON PROPERTIES WHERE  IT  IS
 DETERMINED THAT MINING IS INCONSISTENT WITH WATER QUALITY PROTECTION AND
 PUBLIC HEALTH; AND
   B.  THE MONITORING OF GROUNDWATER IMPACTS RESULTING FROM MINING OR THE
 RECLAMATION OF MINES; AND
   C. THE REGULATION OR PROHIBITION OF MINING WHERE THE STATE OR A  LOCAL
 GOVERNMENT HAS DOCUMENTED CONTAMINATION TO GROUNDWATER OR DRINKING WATER
 ON  THE  SITE OR ATTRIBUTABLE TO THE SITE, WHICH EXCEEDS MAXIMUM CONTAM-
 INANT LEVELS UNDER STATE OR FEDERAL DRINKING WATER OR GROUNDWATER STAND-
 ARDS; AND
   D. THE REGULATION OR PROHIBITION OF THE CO-LOCATION OF MINING WITH ANY
 FACILITY FOR THE RECEIPT, PROCESSING,  SALE,  STORAGE,  OR  TRANSFER  OF
 WASTE  OF  ANY  KIND.  THE  PROVISIONS  OF  THIS SUBDIVISION SHALL APPLY

 S. 8026                             3
 
 REGARDLESS OF WHETHER A PERMIT OR REGISTRATION FOR SUCH  A  FACILITY  IS
 REQUIRED  BY THIS CHAPTER. SUCH WASTE, SHALL INCLUDE, BUT NOT BE LIMITED
 TO GARBAGE, MANURE, TREES, SEPTAGE, BRUSH, STUMPS,  LEAVES,  YARD  CLIP-
 PINGS,  STREET  SWEEPINGS,  ASPHALT, CONCRETE, STONE, CRUSHED STONE, TOP
 SOIL,  DEBRIS,  CONSTRUCTION  AGGREGATES,  LAND  CLEARING  DEBRIS,   AND
 CONSTRUCTION AND DEMOLITION DEBRIS; AND
   E.  THE  TERMINATION OF MINING SITES WHICH ARE EXISTING NON-CONFORMING
 USES UNDER LOCAL ZONING LAWS OR ORDINANCES  WHERE  SUCH  TERMINATION  IS
 NECESSARY FOR THE PROTECTION OF WATER QUALITY AND THE PUBLIC HEALTH; AND
   F. THE RECLAMATION OF SUCH MINING SITES; AND
   G.  ANY  OTHER  REGULATION NECESSARY FOR THE PURPOSES OF PROTECTION OF
 WATER QUALITY AND THE PUBLIC HEALTH.
   4. A. NO AGENCY OF THIS STATE SHALL PROCESS AND APPROVE AN APPLICATION
 FOR A PERMIT TO MINE PURSUANT TO THIS TITLE WITHIN COUNTIES WITH A POPU-
 LATION OF ONE MILLION OR MORE WHICH DRAW THEIR PRIMARY SOURCE OF  DRINK-
 ING  WATER  FOR  A  MAJORITY  OF COUNTY RESIDENTS FROM A DESIGNATED SOLE
 SOURCE AQUIFER, IF LOCAL ZONING LAWS OR ORDINANCES PROHIBIT MINING  USES
 WITHIN THE AREA PROPOSED TO BE MINED.
   B.  NO  AGENCY  OF THIS STATE SHALL PROCESS AND APPROVE AN APPLICATION
 FOR A PERMIT TO MINE PURSUANT TO THIS  TITLE,  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, IF:
   (I) LOCAL LAWS ENACTED PURSUANT TO SUBDIVISION THREE OF  THIS  SECTION
 PROHIBIT MINING OF THE PROPOSED MINING SITE; OR
   (II)  A  LOCAL GOVERNMENT HAS DENIED A PERMIT FOR MINING ON A PROPOSED
 MINING SITE PURSUANT TO A LOCAL LAW AUTHORIZED BY SUBDIVISION  THREE  OF
 THIS SECTION.
   C.  NO  AGENCY  OF  THE  STATE SHALL APPROVE AN APPLICATION FOR MINING
 WITHIN COUNTIES WITH A POPULATION OF ONE  MILLION  OR  MORE  WHICH  DRAW
 THEIR  PRIMARY  SOURCE  OF DRINKING WATER FOR A MAJORITY OF COUNTY RESI-
 DENTS FROM A DESIGNATED SOLE SOURCE AQUIFER UNTIL EACH LOCAL  GOVERNMENT
 WITH  JURISDICTION  OF MINING PURSUANT TO THIS SECTION HAS APPROVED SUCH
 APPLICATION.
   D. THIS SUBDIVISION  SHALL  APPLY  TO  ALL  APPLICATIONS  FOR  MINING,
 INCLUDING  APPLICATIONS  FOR NEW MINING, EXPANSION OF MINING ON EXISTING
 MINING SITES, AND RENEWALS OF EXISTING PERMITS.
   E. THE REQUIREMENTS OF THIS  SECTION  SHALL  BE  IN  ADDITION  TO  THE
 REQUIREMENTS  OF  SECTION  23-2711 OF THIS TITLE. TO THE EXTENT THAT THE
 PROVISIONS OF THIS SECTION  ARE  INCONSISTENT  WITH  THE  PROVISIONS  OF
 SUBDIVISION  THREE  OF  SECTION  23-2711 OF THIS TITLE, THIS SUBDIVISION
 SHALL SUPERSEDE AND GOVERN MINING APPLICATIONS 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.
   § 2. Subdivision 8 of section 23-2705 of the  environmental  conserva-
 tion  law,  as amended by chapter 166 of the laws of 1991, is amended to
 read as follows:
   8. "Mining" means the extraction of overburden and minerals  from  the
 earth;  the preparation and processing of minerals, including any activ-
 ities or processes or parts thereof for the  extraction  or  removal  of
 minerals  from  their  original  location  and the preparation, washing,
 cleaning, crushing, stockpiling or other processing of minerals  at  the
 mine location so as to make them suitable for commercial, industrial, or
 construction  use;  exclusive  of  manufacturing  processes, at the mine
 location; the removal of such materials through sale or exchange, or for

 S. 8026                             4
 
 commercial, industrial or municipal use; and the disposition of overbur-
 den, tailings and waste at the mine location. "Mining" shall not include
 the excavation, removal and disposition of  minerals  from  construction
 projects,  exclusive  of the creation of water bodies, or excavations in
 aid of agricultural activities, EXCEPT 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. Paragraph (b) of subdivision 3 of section 23-2711 of the environ-
 mental conservation law, as added by chapter 166 of the laws of 1991, is
 amended to read as follows:
   (b)  If the department finds that the determinations made by the local
 government pursuant to paragraph (a) of this subdivision are  reasonable
 and  necessary,  the department shall incorporate these into the permit,
 if one is issued. If the department does not  agree  that  the  determi-
 nations  are  justifiable,  then  the department shall provide a written
 statement to the local government and the applicant, as to the reason or
 reasons why the whole or a part of any of  the  determinations  was  not
 incorporated.    THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO ANY
 DETERMINATION MADE BY A LOCAL GOVERNMENT PURSUANT TO SUBDIVISIONS  THREE
 AND FOUR OF SECTION 23-2703 OF THIS TITLE. NO DETERMINATION, DECISION OR
 LOCAL  LAW  ENACTED BY A LOCAL GOVERNMENT PURSUANT TO SUBDIVISIONS THREE
 AND FOUR OF SECTION 23-2703 OF THIS TITLE SHALL  BE  REVIEWABLE  BY  THE
 DEPARTMENT AND SHALL BE BINDING UPON THE DEPARTMENT.
   § 4. Section 23-2721 of the environmental conservation law, as amended
 by  chapter  477 of the laws of 1976 and as renumbered by chapter 166 of
 the laws of 1991, is amended to read as follows:
 § 23-2721. Judicial review.
   Any act, omission, determination or order of  the  department  or  ANY
 LOCAL  GOVERNMENT  PURSUANT  TO  SECTION 23-2703 OF THIS TITLE OR of any
 officer or employee thereof, pursuant to or within  the  scope  of  this
 title,  may  be reviewed in accordance with article seventy-eight of the
 civil practice law and rules.
   § 5. This act shall take effect immediately.