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S05830 Summary:

Rpld & add S23-0303 sub 2, En Con L
Allows local governments to enact or enforce certain laws and ordinances relating to oil, gas and solution mining.
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S05830 Text:

                STATE OF NEW YORK
                               2011-2012 Regular Sessions
                    IN SENATE
                                      June 20, 2011
        Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        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     2  conservation  law  is REPEALED, and a new subdivision 2 is added to read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.

        S. 5830                             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    § 2. This act shall take effect immediately.

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