S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5626--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 18, 2025
                                ___________
 
 Introduced  by  M.  of  A.  KELLES,  GALLAGHER,  DAVILA -- read once and
   referred to the Committee on Environmental Conservation  --  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; and to repeal certain  provisions  of  the
   environmental conservation law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1, 2, 3, 4, 8, 11 and 12 of section 23-2711 of
 the environmental conservation law,  subdivisions  1,  2,  4  and  8  as
 amended  and  subdivisions  3,  11 and 12 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:
   1. After September first, nineteen hundred ninety-one, any person  who
 mines  or  proposes  to  mine from each mine site more than one thousand
 tons or seven hundred fifty cubic yards, whichever is less, of  minerals
 from  the  earth  within [twelve successive calendar months] ONE YEAR or
 who mines or proposes to mine over one hundred cubic yards  of  minerals
 from or adjacent to OR UNDER any body of water not subject to the juris-
 diction  of  article  fifteen of this chapter or to the public lands law
 shall not engage in such mining unless a permit for such  mining  opera-
 tion  has  been obtained from the department. A separate permit shall be
 obtained for each mine site.
   2. Applications for permits AND PERMIT RENEWALS may be  submitted  for
 annual  terms not to exceed five years. A complete application for a new
 OR RENEWAL mining permit shall contain the following:
   (a) completed application forms;
   (b) a mined land-use plan;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03813-06-5
 A. 5626--A                          2
              

 
   (c) a statement by the applicant AND POLITICAL  SUBDIVISION  IN  WHICH
 THE  MINE  IS  TO  BE  LOCATED  that  mining  is  not prohibited at that
 location; and
   (d) such additional information as the department may require, INCLUD-
 ING  BUT  NOT  LIMITED  TO AN ENVIRONMENTAL IMPACT STATEMENT PURSUANT TO
 SUBPARAGRAPH (I) OF PARAGRAPH (C) OF SUBDIVISION TWO OF  SECTION  8-0113
 OF THIS CHAPTER.
   3.  Upon  receipt of a complete application for a mining permit, for a
 property not previously permitted pursuant to this title, a notice shall
 be sent by the department, by certified mail, to the  chief  administra-
 tive  officer of the political subdivision in which the proposed mine is
 to be located [(hereafter, "local government")].  Such  notice  will  be
 accompanied  by  copies  of  all  documents  which comprise the complete
 application and shall state whether the application is a  major  project
 or a minor project as described in article seventy of this chapter.
   (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 days after receipt for a major project,
   (ii) within thirty days after receipt for a minor project.
   (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.
   (c) A proposed mine of five acres or greater total acreage, regardless
 of length of the mining period, shall be a major project. The department
 shall,  by  regulation,  provide  a  minimum  thirty  day public comment
 period, AND PROVIDE NOTICE OF SUCH COMMENT PERIOD TO THE RELEVANT  LOCAL
 GOVERNMENT AND NEIGHBORING RESIDENTS OF THE PROPOSED MINE, on all permit
 applications  AND  PERMIT  RENEWALS  for  mined land reclamation permits
 classified as major projects.
   4. Upon approval of the application by the department and  receipt  of
 financial  security  as  provided  in  section  23-2715 of this title, a
 permit shall be issued by the department. Upon issuance of a  permit  by
 the department, the department shall forward a copy thereof by certified
 mail,  to  the chief executive officer of the [county, town, village, or
 city] POLITICAL SUBDIVISION in which the mining  operation  is  located.
 The department may include in permits such conditions as may be required
 to achieve the purposes of this title.
   8.  Notwithstanding  any  other  provision  of law, [counties, cities,
 towns and villages] POLITICAL SUBDIVISIONS shall be  exempted  from  the
 A. 5626--A                          3
 
 fees for the permit, application, amendment and renewal required by this
 article.
   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.
   11-A. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO  THE  CONTRARY,
 WITH  RESPECT  TO  SALT  MINING  BENEATH A LAKE WHERE NO   ENVIRONMENTAL
 IMPACT  STATEMENT HAS BEEN PREPARED PURSUANT TO THE ENVIRONMENTAL QUALI-
 TY   REVIEW   REQUIREMENTS   OF   ARTICLE EIGHT   OF THIS  CHAPTER  WITH
 RESPECT  TO  SUCH  MINING  WITHIN THE PRECEDING TWENTY YEARS, 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 OR MODIFICATION OF A PERMIT TO ENGAGE IN SALT
 MINING ACTIVITIES BENEATH A LAKE SHALL CONSTITUTE A  MATERIAL  MODIFICA-
 TION  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 OR MODIFICATION 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  EFFECTIVE  DATE OF THIS SUBDIVISION, THE DEPARTMENT SHALL
 PREPARE AN ENVIRONMENTAL STUDY 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
 A. 5626--A                          4
 
 ENVIRONMENTAL STUDY.  THE PREPARATION OF SUCH ENVIRONMENTAL STUDY  SHALL
 INCLUDE  A  COMPREHENSIVE  REVIEW  OF  THE  CUMULATIVE  EFFECTS  OF SUCH
 MINING, INCLUDING CONSIDERATION OF THE EFFECTS OF PAST MINING AND  THEIR
 POTENTIAL  FUTURE ENVIRONMENTAL IMPACTS, IN THE SHORT-TERM AND THE LONG-
 TERM; ANY ADVERSE ENVIRONMENTAL EFFECTS WHICH CANNOT BE  AVOIDED  SHOULD
 THE  MINING  CONTINUE;  ALTERNATIVES  TO THE CONTINUATION OF MINING; ANY
 IRREVERSIBLE AND IRRETRIEVABLE COMMITMENTS OF RESOURCES WHICH  WOULD  BE
 INVOLVED  IN  THE  CONTINUED  OPERATION; MITIGATION MEASURES PROPOSED TO
 MINIMIZE THE ENVIRONMENTAL IMPACT; THE PRESENT  AND  FUTURE  EFFECTS  OF
 CONTINUED  ACTION  ON  PUBLIC  DRINKING  WATER SUPPLIES; THE PRESENT AND
 FUTURE EFFECTS OF CONTINUED ACTION ON THE RECREATIONAL USE AND  ECONOMIC
 ACTIVITY  SUPPORTED  BY  THE LAKE, AND SUCH OTHER INFORMATION CONSISTENT
 WITH THE PURPOSE OF THIS SUBDIVISION AS MAY BE APPROPRIATE. IN  CONDUCT-
 ING  SUCH  STUDY, THE DEPARTMENT SHALL ENGAGE IN A ROBUST PUBLIC PARTIC-
 IPATION PROCESS TO ENSURE THAT THE  CONCERNS  OF  ALL  STAKEHOLDERS  ARE
 HEARD  AND  INFORM  THE  FINAL  STUDY. THE INITIAL FINDINGS OF THE STUDY
 SHALL BE MADE AVAILABLE TO THE PUBLIC ON  THE  DEPARTMENT'S  WEBSITE  NO
 LATER  THAN  ONE  HUNDRED  TWENTY  DAYS AFTER THE EFFECTIVE DATE OF THIS
 SUBDIVISION, AND SHALL BE SUBJECT TO A THIRTY DAY PUBLIC COMMENT PERIOD.
 THE DEPARTMENT SHALL CONDUCT AT LEAST  ONE  PUBLIC  HEARING  DURING  THE
 THIRTY DAY COMMENT PERIOD FOR REVIEW OF THE INITIAL FINDINGS.  THE FINAL
 STUDY  SHALL  RESPOND  TO  AND,  IF  APPROPRIATE,  INCORPORATE  COMMENTS
 RECEIVED FROM THE PUBLIC AND BE MADE AVAILABLE  TO  THE  PUBLIC  ON  THE
 DEPARTMENT'S WEBSITE IN UNREDACTED FORM.
   §  2.  Subdivision 9 of section 23-2711 of the environmental conserva-
 tion law is REPEALED.
   § 3. 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-
 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 ANY ENVI-
 RONMENTAL STUDY CONDUCTED PURSUANT TO SUBDIVISION  FOURTEEN  OF  SECTION
 23-2711  OF  THIS TITLE 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 SECURI-
 TY AMOUNTS REQUIRED TO COVER POTENTIAL DAMAGES  DIRECTLY  OR  INDIRECTLY
 RESULTING FROM SALT MINING ACTIVITIES BENEATH A LAKE, INCLUDING, BUT NOT
 A. 5626--A                          5
 
 LIMITED  TO,  THOSE  RESULTING  FROM  COLLAPSE  OR  WATER CONTAMINATION.
 CONSIDERATION IN SUCH CIRCUMSTANCES 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, CONSERVATION FINANCE AND/OR OTHER APPROPRIATE  EXPERTISE
 EITHER  TO  MAKE  A DETERMINATION WITH RESPECT TO SUCH POTENTIAL DAMAGES
 DIRECTLY OR   INDIRECTLY   RESULTING   FROM   SALT    MINING  ACTIVITIES
 BENEATH  A  LAKE  OR  TO REVIEW THE DETERMINATION OF THE DEPARTMENT WITH
 RESPECT THERETO AND, IN THE CASE  OF  A  REVIEW,  THE  DEPARTMENT  SHALL
 INCORPORATE  THE  APPROPRIATE RECOMMENDATIONS BY SUCH INDEPENDENT THIRD-
 PARTY REVIEWER INTO ITS FINAL DETERMINATION.
   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
 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.
 A. 5626--A                          6
 
   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 WITH RESPECT
 TO  SALT  MINING  BENEATH  A  LAKE  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.
   § 4. 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.
   § 5. 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.
   §  6.  This  act shall take effect on the thirtieth day after it shall
 have become a law; provided, however, that section  three  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.