A03245 Summary:

BILL NOA03245
 
SAME ASSAME AS S03472
 
SPONSORLifton (MS)
 
COSPNSRColton, Gunther, Kellner, O'Donnell, Weisenberg, Kavanagh, Maisel, Castro, Dinowitz, Magnarelli, Schimel, Rosenthal, Galef, Jaffee, Rodriguez, Markey, Abinanti, Rivera P, Skartados
 
MLTSPNSRBarrett, Braunstein, Brennan, Castelli, Crespo, Gottfried, Jeffries, Latimer, Magee, Millman, Nolan, Thiele
 
Amd S23-0303, En Con L
 
Allows local governments to enact or enforce certain laws and ordinances.
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A03245 Actions:

BILL NOA03245
 
01/24/2011referred to environmental conservation
06/02/2011reported referred to rules
06/15/2011reported
06/15/2011rules report cal.267
06/15/2011ordered to third reading rules cal.267
06/20/2011passed assembly
06/20/2011delivered to senate
06/20/2011REFERRED TO RULES
01/04/2012DIED IN SENATE
01/04/2012RETURNED TO ASSEMBLY
01/04/2012ordered to third reading cal.126
05/16/2012passed assembly
05/16/2012delivered to senate
05/16/2012REFERRED TO ENVIRONMENTAL CONSERVATION
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A03245 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3245
 
SPONSOR: Lifton (MS)
  TITLE OF BILL: An act to amend the environmental conservation law, in relation to allowing local governments to enact or enforce certain laws and ordinances   PURPOSE: To clarify the role of municipalities in governing oil, gas, and solution mining development within their jurisdiction.   SUMMARY OF PROVISIONS: The bill amends subdivision 2 of § 23-0303 of the environmental conservation law, as added by section 846 of the laws of 1981, allowing for any local government to enact Or enforce local laws or ordinances of general applicability if the local laws do not expressly regulate the oil, gas and solution mining industries regulated by state statute, regulation, or permit. Local governments shall not be prevented from enacting or enforcing local zoning ordinances or laws which determine permissible uses in zoning districts.   EXISTING LAW: Subdivision 2 of § 23-0303 of the environmental conser- vation law, as added by § 846 of the laws of 1981.   JUSTIFICATION: Currently, local government officials are confused about whether their local zoning ordinances are preempted by state law and regulation in relation to the oil, gas, and solution mining indus- tries. NY Court of Appeals case law interprets provisions of the ECL to conclude that a town's zoning. ordinance does not "relate to the regu- lation" of the industry, as prohibited by subdivision 2 of § 23-0303 of the environmental conservation law, but rather serves to regulate the location, construction and use of buildings and land within the town, as delegated to local government by Article IX of the State Constitution. This legislation clarifies that current local zoning law, and local zoning laws enacted in the future, will dictate where oil, gas, and solution mining is a permissible use, even with a regulatory program at the state level.   LEGISLATIVE HISTORY: None.   FISCAL IMPLICATIONS: None for state.   EFFECTIVE DATE: Immediately.
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A03245 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3245
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 24, 2011
                                       ___________
 
        Introduced  by  M.  of  A.  LIFTON, COLTON, GUNTHER, KELLNER, O'DONNELL,
          WEISENBERG, KAVANAGH, MAISEL, CASTRO, DINOWITZ,  MAGNARELLI,  SCHIMEL,
          ROSENTHAL  --  Multi-Sponsored  by  -- M. of A. BRENNAN, CRESPO, GOTT-
          FRIED, MAGEE, NOLAN, THIELE -- 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
 
          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, as added by section  846  of  the  laws  of  1981,  is
     3  amended to read as follows:
     4    2.  The  provisions  of this article shall supersede all local laws or
     5  ordinances relating to the regulation  of  the  oil,  gas  and  solution
     6  mining industries; but shall not supersede local government jurisdiction
     7  over local roads or the rights of local governments under the real prop-
     8  erty  tax  law  provided,  however,  that nothing in this title shall be

     9  construed to prevent any local government from:
    10    (a) enacting or enforcing local laws or ordinances of general applica-
    11  bility except that such local laws shall not expressly regulate the oil,
    12  gas and solution mining industries regulated  by  state  statute,  regu-
    13  lation, or permit; or
    14    (b) enacting or enforcing local zoning ordinances or laws which deter-
    15  mine permissible uses in zoning districts.
    16    § 2. This act shall take effect immediately.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07758-01-1
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