S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8250--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 15, 2023
                                ___________
 
 Introduced  by  M.  of A. KELLES, GALLAGHER, ARDILA, DAVILA -- read once
   and referred to the Committee on Environmental Conservation --  recom-
   mitted  to  the  Committee on Environmental Conservation in accordance
   with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee

 AN  ACT to amend the environmental conservation law and the public lands
   law, in relation to permits and financial security for reclamation for
   salt mining beneath a lake
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions 11 and 12 of section 23-2711 of the environ-
 mental conservation law, as added by chapter 166 of the  laws  of  1991,
 are  amended  and  two new subdivisions 11-a and 14 are added to read as
 follows:
   11. Permits issued pursuant to this  title  shall  be  renewable.    A
 complete application for renewal shall contain the following:
   (a) completed application forms;
   (b) an updated mining plan map consistent with paragraph (a) of subdi-
 vision one of section 23-2713 of this title and including an identifica-
 tion of the area to be mined during the proposed permit term;
   (c)  a  description  of  any changes to the mined land-use plan, WHICH
 SHALL INCLUDE, WITH RESPECT TO A PERMIT FOR SALT MINING BENEATH A  LAKE,
 AN  UPDATED  RECLAMATION  PLAN  OF  SURFACE AND SUBSURFACE AFFECTED LAND
 ACCOUNTING FOR ANY DIFFERENCES IN CIRCUMSTANCES  SINCE  THE  RECLAMATION
 PLAN WAS LAST APPROVED BY THE DEPARTMENT; [and]
   (d)  an identification of reclamation accomplished during the existing
 permit term; AND
   (E) A THIRTY-YEAR MONITORING PLAN WITH RESPECT TO A  PERMIT  FOR  SALT
 MINING BENEATH A LAKE OF ALL AFFECTED LANDS, SURFACE AND SUBSURFACE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13509-06-4
 A. 8250--A                          2
 
              

   11-A.  NOTWITHSTANDING  ANYTHING IN THIS SECTION TO THE CONTRARY, WITH
 RESPECT TO SALT MINING BENEATH A LAKE, ANY  PERMIT  RENEWAL  APPLICATION
 SHALL:
   (A)  NOT  CONSTITUTE  A  MINOR  PROJECT  WITHIN THE MEANING OF ARTICLE
 SEVENTY OF THIS CHAPTER;
   (B) BE TREATED AS AN APPLICATION FOR A NEW PERMIT;
   (C) CONSTITUTE AN ACTION REQUIRING ENVIRONMENTAL QUALITY REVIEW PURSU-
 ANT TO ARTICLE EIGHT OF THIS CHAPTER; AND
   (D) BE DEEMED AN ACTION THAT IS LIKELY TO REQUIRE THE  PREPARATION  OF
 AN  ENVIRONMENTAL IMPACT STATEMENT PURSUANT TO SUBPARAGRAPH (I) OF PARA-
 GRAPH (C) OF SUBDIVISION TWO OF SECTION 8-0113 OF THIS CHAPTER.
   12. The procedure for transfer of a permit  issued  pursuant  to  this
 title  is  the  procedure  for  permit  modification pursuant to article
 seventy of this chapter; PROVIDED, HOWEVER, AND NOTWITHSTANDING SUBDIVI-
 SION THIRTEEN OF THIS SECTION OR ANY OTHER PROVISION OF THIS SECTION  TO
 THE  CONTRARY,  ANY TRANSFER OF A PERMIT TO ENGAGE IN SALT MINING ACTIV-
 ITIES BENEATH A LAKE SHALL CONSTITUTE A  MATERIAL  MODIFICATION  OF  THE
 PERMIT  AND,  IF  NO  ENVIRONMENTAL  IMPACT  STATEMENT HAS BEEN PREPARED
 PURSUANT TO THE ENVIRONMENTAL QUALITY  REVIEW  REQUIREMENTS  OF  ARTICLE
 EIGHT  OF  THIS CHAPTER WITH RESPECT TO SUCH MINING WITHIN THE PRECEDING
 TWENTY YEARS, SUCH TRANSFER SHALL:
   (A) NOT CONSTITUTE A MINOR  PROJECT  WITHIN  THE  MEANING  OF  ARTICLE
 SEVENTY OF THIS CHAPTER;
   (B) BE TREATED AS AN APPLICATION FOR A NEW PERMIT;
   (C) CONSTITUTE AN ACTION REQUIRING ENVIRONMENTAL QUALITY REVIEW PURSU-
 ANT TO ARTICLE EIGHT OF THIS CHAPTER; AND
   (D)  BE DEEMED  AN ACTION THAT IS LIKELY TO REQUIRE THE PREPARATION OF
 AN  ENVIRONMENTAL IMPACT STATEMENT PURSUANT TO SUBPARAGRAPH (I) OF PARA-
 GRAPH (C) OF SUBDIVISION TWO OF SECTION 8-0113 OF THIS CHAPTER.
   14. AS SOON AS PRACTICABLE AND IN ANY EVENT WITHIN ONE HUNDRED  EIGHTY
 DAYS  OF  THE  EFFECTIVENESS  OF  THIS SUBDIVISION, THE DEPARTMENT SHALL
 PREPARE AN ENVIRONMENTAL IMPACT STATEMENT IN COMPLIANCE WITH  THE  ENVI-
 RONMENTAL  REVIEW  REQUIREMENTS  OF  ARTICLE  EIGHT OF THIS CHAPTER WITH
 RESPECT TO ANY SALT MINING BENEATH A LAKE  IF  NO  ENVIRONMENTAL  IMPACT
 STATEMENT  HAS  BEEN  PREPARED  WITHIN  THE  PRECEDING TWENTY YEARS WITH
 RESPECT TO SUCH MINING.  ANY HOLDER OF A PERMIT TO MINE SALT  BENEATH  A
 LAKE  SHALL  COMPLY  WITH  ALL  REASONABLE REQUESTS OF THE DEPARTMENT IN
 CONNECTION WITH PREPARATION OF SUCH AN ENVIRONMENTAL  IMPACT  STATEMENT.
 THE  PREPARATION  OF SUCH ENVIRONMENTAL IMPACT STATEMENT SHALL INCLUDE A
 COMPREHENSIVE REVIEW OF THE CUMULATIVE EFFECTS OF SUCH  MINING,  INCLUD-
 ING  CONSIDERATION  OF  THE  EFFECTS  OF PAST MINING AND THEIR POTENTIAL
 FUTURE ENVIRONMENTAL IMPACTS.
   § 2. Section 23-2715 of the environmental conservation law, as amended
 by chapter 166 of the laws of 1991, subdivision 6 as amended by  chapter
 60 of the laws of 1993, is amended to read as follows:
 § 23-2715. Financial security for reclamation.
   1.  Before  the  department  may issue a permit, the applicant, unless
 exempt, shall furnish financial security (A) to ensure  the  performance
 of  reclamation  as provided in the approved mined land-use plan, (B) TO
 COVER ANY DAMAGES DIRECTLY OR  INDIRECTLY  RESULTING  FROM  SALT  MINING
 ACTIVITIES  BENEATH A LAKE, INCLUDING, BUT NOT LIMITED TO, THOSE RESULT-
 ING FROM COLLAPSE OR WATER CONTAMINATION, and (C) naming  the  state  as
 beneficiary.  Financial  security  shall be in the form of a bond from a
 corporate surety licensed to do business as such in  the  state  or  any
 other  form the department may deem acceptable. Any interest accruing as
 A. 8250--A                          3
 
 a result of such security shall be the exclusive property of the permit-
 tee.
   2.  The department shall determine the amount, condition, and terms of
 the financial security. The amount shall be  based  upon  the  estimated
 cost  of  reclaiming  the affected land AND THE ESTIMATED LIABILITY FROM
 POTENTIAL DAMAGES DIRECTLY OR  INDIRECTLY  RESULTING  FROM  SALT  MINING
 ACTIVITIES  BENEATH A LAKE, INCLUDING, BUT NOT LIMITED TO, THOSE RESULT-
 ING FROM COLLAPSE OR WATER CONTAMINATION, which shall be based on infor-
 mation contained in the permit application,  THE  ENVIRONMENTAL  QUALITY
 REVIEW CONDUCTED PURSUANT TO ARTICLE EIGHT OF THIS CHAPTER and upon such
 information  as  an  investigation  by the department may disclose. AT A
 MINIMUM, THE DEPARTMENT SHALL CONSIDER THE PARTICULAR  CIRCUMSTANCES  OF
 THE MINE AND MINING ACTIVITIES IN MAKING DETERMINATIONS PURSUANT TO THIS
 SUBDIVISION  RELATED  TO  FINANCIAL  SECURITY  AMOUNTS REQUIRED TO COVER
 POTENTIAL DAMAGES DIRECTLY OR  INDIRECTLY  RESULTING  FROM  SALT  MINING
 ACTIVITIES  BENEATH A LAKE, INCLUDING, BUT NOT LIMITED TO, THOSE RESULT-
 ING FROM COLLAPSE OR WATER  CONTAMINATION.    SUCH  CONSIDERATION  SHALL
 INCLUDE, BUT NOT BE LIMITED TO:
   (A)  THOSE  FACTORS  CONSIDERED IN DETERMINING THE AMOUNT OF FINANCIAL
 SECURITY TO ENSURE PERFORMANCE OF RECLAMATION;
   (B) GEOLOGIC, HYDROLOGIC, AND OTHER ENVIRONMENTAL CONDITIONS;
   (C) THE PRESENCE OF ANY ENVIRONMENTALLY SENSITIVE AREAS OR RESOURCES;
   (D) THE PRESENCE OF PERSONS AND PROPERTY; AND
   (E) LOCAL ECONOMIC IMPACTS OF POTENTIAL DAMAGES.
   THE DEPARTMENT SHALL ENGAGE AN INDEPENDENT THIRD PARTY WITH THE NECES-
 SARY ACTUARIAL AND/OR OTHER  APPROPRIATE  EXPERTISE  EITHER  TO  MAKE  A
 DETERMINATION  WITH  RESPECT  TO SUCH POTENTIAL DAMAGES OR TO REVIEW THE
 DETERMINATION OF THE DEPARTMENT WITH RESPECT THERETO AND, IN THE CASE OF
 A REVIEW, THE DEPARTMENT SHALL INCORPORATE THE  APPROPRIATE  RECOMMENDA-
 TIONS  BY  SUCH INDEPENDENT THIRD-PARTY REVIEWER INTO ITS FINAL DETERMI-
 NATION.
   3. The financial security shall remain in full force and effect  until
 the department has approved the reclamation AND DETERMINED THAT THERE IS
 NO  CONTINUING  RISK  OF DAMAGES DIRECTLY OR INDIRECTLY FROM SALT MINING
 ACTIVITIES BENEATH A LAKE, INCLUDING, BUT NOT LIMITED TO, THOSE  RESULT-
 ING  FROM  COLLAPSE  OR  WATER  CONTAMINATION.  At the discretion of the
 department, the permittee may secure the release of that portion of  the
 financial  security  for  affected  land  on  which reclamation has been
 completed and approved by the department.
   4. If the financial security shall for any reason be cancelled, within
 thirty days after receiving notice thereof, the permittee shall  provide
 a  valid  replacement  under  the  same  conditions as described in this
 section. Failure to provide a replacement bond within such  period  may,
 at  the  discretion of the commissioner, result in the immediate suspen-
 sion of the mining permit by the department.
   5. If a permit is suspended or revoked, the department may require the
 permittee to commence reclamation upon thirty days notice.
   6. If the permittee fails to commence or to complete  the  reclamation
 as  required, the department may attach the financial security furnished
 by the permittee. In any event, the full cost of completing  reclamation
 AND ANY DAMAGES DIRECTLY OR INDIRECTLY RESULTING FROM SALT MINING ACTIV-
 ITIES  BENEATH  A  LAKE,  INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING
 FROM COLLAPSE OR WATER CONTAMINATION shall be the personal liability  of
 the  permittee  and/or  the person engaged in mining and the department,
 acting by the attorney general, may bring suit to recover all  costs  to
 secure the reclamation AND DAMAGES DIRECTLY OR INDIRECTLY RESULTING FROM
 A. 8250--A                          4
 
 SALT MINING ACTIVITIES BENEATH A LAKE not covered by the financial secu-
 rity.   The   materials,   machinery,  implements  and  tools  of  every
 description which may be found at the  mine,  or  other  assets  of  the
 permittee and/or the person engaged in mining shall be subject to a lien
 of  the  department  for the amount expended for reclamation of affected
 lands, AND FOR MAKING WHOLE ANY PARTIES SUFFERING ANY  DAMAGES  DIRECTLY
 OR  INDIRECTLY RESULTING FROM SALT MINING ACTIVITIES BENEATH A LAKE, and
 shall not be removed without the written consent of the department. Such
 lien may be foreclosed by the attorney general in the same manner  as  a
 mechanic's  lien. Any and all moneys recovered shall be deposited in the
 environmental regulatory account pursuant to  section  72-1009  of  this
 chapter.
   7.  Political  subdivisions, municipalities, the United States and any
 of its agencies and agencies of the  state  shall  be  exempt  from  the
 requirements of this section.
   8. ANY PERMITTEE WHICH HAS FURNISHED A FINANCIAL SECURITY WHICH IS NOT
 IN  COMPLIANCE  WITH  THE  REQUIREMENTS OF THIS SECTION ON THE EFFECTIVE
 DATE OF THIS SUBDIVISION SHALL BE IN VIOLATION OF THIS SECTION  IF  SUCH
 FINANCIAL  SECURITY  IS NOT BROUGHT INTO COMPLIANCE WITHIN SIX MONTHS OF
 SUCH EFFECTIVE DATE.
   § 3.  Section 81 of the public lands law is amended by  adding  a  new
 subdivision 3 to read as follows:
   3.  NOTWITHSTANDING  SUBDIVISIONS  ONE  AND  TWO OF THIS SECTION, WITH
 RESPECT TO A PERMIT, CONSENT, OR  LEASE  ISSUED  WITH  RESPECT  TO  SALT
 MINING  ACTIVITIES BENEATH A LAKE, THE DURATION OF SUCH PERMIT, CONSENT,
 OR LEASE SHALL NOT BE LONGER THAN  THE  DURATION  FOR  WHICH  MINING  IS
 ALLOWABLE  UNDER  THE  PERMIT  ISSUED BY THE DEPARTMENT OF ENVIRONMENTAL
 CONSERVATION PURSUANT TO TITLE TWENTY-SEVEN OF ARTICLE  TWENTY-THREE  OF
 THE ENVIRONMENTAL CONSERVATION LAW IN RESPECT OF SUCH MINING.
   § 4. Severability. If any provision of this act, or any application of
 any  provision of this act, is held to be invalid, that shall not affect
 the validity or effectiveness of any other provision of this act, or  of
 any  other  application of any provision of this act, which can be given
 effect without that provision or  application;  and  to  that  end,  the
 provisions and applications of this act are severable.
   §  5.  This  act shall take effect on the thirtieth day after it shall
 have become a law; provided, however, that section two of this act shall
 take effect on the ninetieth day after  it  shall  have  become  a  law.
 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 to be made and completed on or before
 such effective date.