NY State Senate Bill 2023-S7736

Senate Bill S7736

2023-2024 Legislative Session

Relates to permits and financial security for reclamation for salt mining beneath a lake

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Current Bill Status - In Senate Committee Rules 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 03, 2023	referred to rules

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2023-S7736 (ACTIVE) - Details

See Assembly Version of this Bill:: A8250
Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§23-2711 & 23-2715, En Con L; amd §81, Pub Lds L

2023-S7736 (ACTIVE) - Summary

Relates to permits and financial security for reclamation for salt mining beneath a lake; requires such permits to be subject to environmental quality review procedures; requires financial security to cover any damages directly or indirectly resulting from salt mining activities beneath a lake, including, but not limited to, those resulting from collapse or water contamination.

2023-S7736 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7736

SPONSOR: WEBB
 
PURPOSE:

Relates to permits and financial security for reclamation for salt
mining beneath a lake SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivisions 11 and 12 of section 23-2711
of the environmental conservation law and adds new subdivisions 11-a and
14. to add requirements to the permit renewal process for projects that
allow salt mining beneath a lake.

Section 2 amends subdivision 6 of section 23-2715 of the environmental
conservation law regarding the required financial security for reclama-
tion for projects that include salt mining beneath a lake.

Section 3 adds a new subdivision 3 to section 81 of the public lands law
that requires the duration of such permit, consent or lease from New
York State with respect to salt mining beneath a lake be tied to the
duration of the permit issued by the department of environmental conser-
vation pursuant to title 27 of article 23 of the environmental conserva-
tion law.

Section 4 adds a severability clause.

Section 5 adds the effective date.

 
JUSTIFICATION

In August, Cargill, Inc. began the process of putting up for sale the
salt mine it has operated for more than five decades beneath Cayuga Lake
in Lansing, Tompkins County, and on several thousand acres of land it
leases from New York State. The New York State public lands law author-
izes the New York State Office of General Services (OGS) to grant the
use of state-owned lands for mining purposes, including those lands
found beneath lakes. Since the mid 1970s, OGS has provided consent
orders to Cargill to allow for salt mining under Cayuga Lake. The most
recent consent order in 2019 provided that the grantee, Cargill, would
be able to provide notice to OGS and then extend the consent order for
ten years. This allowance for the continued operation of the Cayuga Salt
Mine beneath the lake comes without the performance of an environmental
impact statement or environmental quality review which falls under the
purview of the New York State Department of Environmental Conservation
that provides additional permitting through the Mined Land Reclamation
Law that includes reclamation and closure requirements of mined lands.

While the Mine Safety and Health Administration has been able to inspect
the operation for worker safety, the DEC has not regularly inspected the
mine for issues related to protecting the Cayuga Lake ecosystem. Now,
after decades of mining by Cargill, Cayuga Lake is saltier than nearly
all the other Finger Lakes. Without intervention from the DEC, the lake
could become permanently salinated, destroying 100,000 residents' source
of drinking water and the bedrock of the region's $3 billion,
60,000-employee food, wine and recreational tourism economy.

Past civil lawsuits challenging the continuance of permits by the New
York State Department of Environmental Conservation (DEC) have been
dismissed. The assertions made through these lawsuits primarily revolved
around the lack of DEC oversight or the requirement of an environmental
impact statement on the mine and on an approved expansion in light of
significant environmental issues with the Retsof salt mine in Livingston
County. In 1994, the Restof Salt Mine began to flood and caused serious
issues including ruined water, sinkholes and bridge damage. At that time
it was determined that the cause was due to a seismic fault. It is
important to note that a similar seismic fault is located along the
Cayuga Salt Mine at the lake. The similarities of these two mines has
the communities surrounding Cayuga lake and its watershed very concerned
about the environmental and ecological risks that an accident or other
seismic issue to the salt mine would cause to the lake.

Cayuga Lake and its watershed is the largest in the region spanning 7
counties, covering 860 square miles with more than 140 streams that flow
into the lake. Cayuga Lake itself is surrounded by a multitude of commu-
nities and supports a tourist economy seeking the natural beauty of the
lake and the opportunity to visit the many vineyards found along the
Cayuga Lake Wine Trail. An accident within the salt mine below Cayuga
Lake would have an immediate and severe impact on the communities along
the lake and within the watershed. This legislation seeks to bolster the
required protections by requiring environmental impact statements as
well as an updated reclamation plan along with appropriate financial
security to ensure the communities relying on Cayuga Lake and its
watershed for drinking water, leisure, and economic development are
protected from potential harm.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to state.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day provided that section 2
of the bill shall take effect on the ninetieth day. 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 to be made and completed on or before such effective date.

2023-S7736 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7736
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             November 3, 2023
                                ___________
 
 Introduced  by  Sens.  WEBB,  MAY -- read twice and ordered printed, and
   when printed to be committed to the Committee on Rules
 
 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 ACCOUNTING FOR ANY  DIFFERENCES  IN  CIRCUM-
 STANCES  SINCE THE RECLAMATION PLAN WAS LAST APPROVED BY THE DEPARTMENT;
 and
   (d) an identification of reclamation accomplished during the  existing
 permit term.
   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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13509-04-3
 S. 7736                             2

 
   (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 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-
 S. 7736                             3
 
 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
 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
 S. 7736                             4
 
 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.

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Senate Bill S7736

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Lea Webb