senate Bill S5652

2019-2020 Legislative Session

Relates to mining in certain counties which draw the primary source of drinking water from a designated sole source aquifer

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Environmental Conservation Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 09, 2019 referred to environmental conservation

S5652 (ACTIVE) - Details

See Assembly Version of this Bill:
A7558
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §23-2703, En Con L

S5652 (ACTIVE) - Summary

Relates to mining in counties with a population of one million or more which draws the primary source of drinking water from a designated sole source aquifer, by prohibiting such activity where contamination to groundwater or drinking water on site or attributable to the site exceeds state or federal drinking water or groundwater standards.

S5652 (ACTIVE) - Sponsor Memo

S5652 (ACTIVE) - Bill Text download pdf


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

    S. 5652                                                  A. 7558

                       2019-2020 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               May 9, 2019
                               ___________

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 -- read once and referred
  to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  mining  in  counties  with  a  population of one million or more which
  draws the primary source of drinking  water  from  a  designated  sole
  source  aquifer, by prohibiting such activities where contamination to
  groundwater or drinking water on site  or  attributable  to  the  site
  exceeds state or federal drinking water or groundwater standards

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

  Section 1. Subdivision 3  of  section  23-2703  of  the  environmental
conservation  law,  as  amended  by  chapter 298 of the laws of 2018, is
amended to read as follows:
  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 draw their primary source of drinking water for a majority
of county residents from a designated sole  source  aquifer[,]:  (A)  if
local  zoning  laws  or  ordinances prohibit mining uses within the area
proposed to be mined; OR (B) WITHIN  A  SPECIAL  GROUNDWATER  PROTECTION
AREA,  DESIGNATED PURSUANT TO SUBDIVISION ONE OF SECTION 55-0113 OF THIS
CHAPTER, 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 CONTAMINANT LEVELS UNDER STATE OR FEDERAL DRINKING
WATER OR GROUNDWATER STANDARDS. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF
THE  CHAPTER  OF  THE  LAWS  OF TWO THOUSAND NINETEEN WHICH AMENDED THIS
SUBDIVISION, NO PERSON SHALL OPERATE A MINE WITHIN A SPECIAL GROUNDWATER

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

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