Bill Text: NY A00845 | 2013-2014 | General Assembly | Introduced

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Bill Title: Allows local governments to enact or enforce certain laws and ordinances relating to oil, gas and solution mining.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2014-01-08 - referred to environmental conservation [A00845 Detail]

Download: New_York-2013-A00845-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          845
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by M. of A. LIFTON, CAHILL, MILLMAN, ENGLEBRIGHT -- read once
         and referred to the Committee on Environmental Conservation
       AN  ACT  to  amend  the  environmental  conservation law, in relation to
         allowing local governments to enact or enforce certain laws and  ordi-
         nances  governing  oil, gas and solution mining; 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:
    1    Section  1.  Subdivision  2  of  section  23-0303 of the environmental
    2  conservation law is REPEALED, and a new subdivision 2 is added  to  read
    3  as follows:
    4    2.  FOR  THE  PURPOSES STATED HEREIN, THIS SECTION SHALL SUPERSEDE ALL
    5  OTHER STATE AND LOCAL LAWS RELATING TO THE OIL, GAS AND SOLUTION  MINING
    6  INDUSTRIES;  PROVIDED,  HOWEVER,  THAT  NOTHING IN THIS SECTION SHALL BE
    7  CONSTRUED TO PREVENT ANY LOCAL GOVERNMENT FROM:
    8    A. ENACTING OR ENFORCING LOCAL LAWS OR ORDINANCES OF GENERAL  APPLICA-
    9  BILITY,  EXCEPT  THAT  SUCH  LOCAL LAWS OR ORDINANCES SHALL NOT REGULATE
   10  OIL, GAS AND SOLUTION MINING REGULATED BY STATE STATUTE, REGULATION,  OR
   11  PERMIT; OR
   12    B.  ENACTING OR ENFORCING LOCAL ZONING ORDINANCES OR LAWS WHICH DETER-
   13  MINE PERMISSIBLE USES IN ZONING DISTRICTS. WHERE OIL, GAS  AND  SOLUTION
   14  MINING  IS DESIGNATED A PERMISSIBLE USE IN A ZONING DISTRICT AND ALLOWED
   15  BY SPECIAL USE PERMIT, CONDITIONS PLACED ON  SUCH  SPECIAL  USE  PERMITS
   16  SHALL BE LIMITED TO THE FOLLOWING:
   17    (I) INGRESS AND EGRESS TO PUBLIC THOROUGHFARES CONTROLLED BY THE LOCAL
   18  GOVERNMENT;
   19    (II)  ROUTING  OF  DRILLING AND DRILLING-RELATED TRANSPORT VEHICLES ON
   20  ROADS CONTROLLED BY THE LOCAL GOVERNMENT;
   21    (III) REQUIREMENTS AND CONDITIONS AS SPECIFIED IN THE PERMIT ISSUED BY
   22  THE DEPARTMENT CONCERNING SETBACK FROM PROPERTY  BOUNDARIES  AND  PUBLIC
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02413-01-3
       A. 845                              2
    1  THOROUGHFARE  RIGHTS-OF-WAY  NATURAL  OR  MAN-MADE  BARRIERS TO RESTRICT
    2  ACCESS, IF REQUIRED, DUST CONTROL AND HOURS OF OPERATION; AND
    3    (IV)  CONFORMANCE  TO  ROAD CONSTRUCTION STANDARDS AS MAY BE OTHERWISE
    4  PROVIDED FOR BY LOCAL LAW; OR
    5    C. ENACTING OR ENFORCING LOCAL LAWS OR ORDINANCES REGULATING OIL,  GAS
    6  AND SOLUTION MINING NOT REQUIRED TO BE PERMITTED BY THE STATE.
    7    S 2. This act shall take effect immediately.