New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

A06314 Summary:

A06314 Actions:

A06314 Committee Votes:

Committee:ENVIRONMENTAL CONSERVATION   Chair:Englebright      
DATE:06/07/2017AYE/NAY:30/0  Action: Favorable refer to committee Codes        
Englebright
Aye
Stec
Aye
Glick
Aye
Butler
Aye
Colton
Aye
Raia
Aye
Cymbrowitz
Aye
Lopez
Aye
Lifton
Aye
Palumbo
Aye
O'Donnell
Aye
Miller ML
Aye
Peoples-Stokes
Aye
Miller B 
Aye
Gunther
Aye
Garbarino
Aye
Jaffee
Aye
Kavanagh
Aye
Titone
Aye
Crespo
Aye
Thiele
Aye
Abinanti
Aye
Ryan
Aye
Fahy
Aye
Rozic
Aye
Otis
Aye
Williams
Aye
Barrett
Aye
D'Urso
Aye
Carroll
Aye

Committee:CODES   Chair:Lentol      
DATE:06/07/2017AYE/NAY:22/0  Action: Favorable refer to committee Rules        
Lentol
Aye
Graf
Aye
Schimminger
Aye
Giglio
Aye
Weinstein
Aye
McKevitt
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Ra
Aye
Cymbrowitz
Aye
Morinello
Aye
Titus
Aye
O'Donnell
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye

Committee:RULES   Chair:Heastie      
DATE:06/13/2017AYE/NAY:30/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Oaks
Aye
Lentol
Aye
Butler
Aye
Farrell
Aye
Crouch
Aye
Gantt
Aye
Finch
Aye
Nolan
Excused
Barclay
Aye
Weinstein
Aye
Raia
Aye
Hooper
Aye
Hawley
Aye
Ortiz
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Galef
Aye
Paulin
Aye
Titus
Aye
Peoples-Stokes
Aye

A06314 Floor Votes:

A06314 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 4812                                                  A. 6314
 
                               2017-2018 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                      March 2, 2017
                                       ___________
 
        IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Environmental
          Conservation
 
        IN  ASSEMBLY  --  Introduced  by  M.  of A. THIELE, COLTON, ENGLEBRIGHT,
          PALUMBO, RAIA -- read once and referred to the Committee  on  Environ-
          mental Conservation
 
        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          authorizing the enactment or enforcement of local laws  or  ordinances
          requiring  the monitoring of groundwater impacts resulting from mining
          or the reclamation of mines within counties with a population  of  one
          million  or more which draw their primary source of drinking water for
          a majority of county residents from a designated sole source aquifer
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section 23-2703 of the environmental conservation law, as
     2  amended by chapter 166 of the laws  of  1991,  is  amended  to  read  as
     3  follows:
     4  § 23-2703. Declaration of policy.
     5    1. The legislature hereby declares that it is the policy of this state
     6  to  foster  and  encourage  the development of an economically sound and
     7  stable mining industry, and the orderly development of domestic  mineral
     8  resources  and  reserves  necessary  to  assure satisfaction of economic
     9  needs compatible with  sound  environmental  management  practices.  The
    10  legislature  further  declares  it  to  be  the  policy of this state to
    11  provide for the management and planning for the use of these non-renewa-
    12  ble natural resources and to provide, in conjunction  with  such  mining
    13  operations,  for  reclamation of affected lands; to encourage productive
    14  use including but not restricted to the planting of forests, the  plant-
    15  ing  of  crops for harvest, the seeding of grass and legumes for grazing
    16  purposes,  the  protection  and  enhancement  of  wildlife  and  aquatic
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02103-01-7
        S. 4812                             2                            A. 6314
 
     1  resources,  the  establishment  of  recreational,  home, commercial, and
     2  industrial sites; to provide for the conservation, development, utiliza-
     3  tion, management and appropriate use of all  the  natural  resources  of
     4  such  areas  for  compatible multiple purposes; to prevent pollution; to
     5  protect and perpetuate the taxable value of  property;  to  protect  the
     6  health, safety and general welfare of the people, as well as the natural
     7  beauty and aesthetic values in the affected areas of the state.
     8    2.  For  the  purposes  stated  herein, this title shall supersede all
     9  other state and local laws relating to the extractive  mining  industry;
    10  provided,  however,  that  nothing  in  this title shall be construed to
    11  prevent any local government from:
    12    a. enacting or enforcing local laws or ordinances of general  applica-
    13  bility,  except  that  such  local laws or ordinances shall not regulate
    14  mining and/or reclamation activities regulated by state  statute,  regu-
    15  lation, or permit; or
    16    b.  enacting or enforcing local zoning ordinances or laws which deter-
    17  mine permissible uses in zoning districts. Where mining is designated  a
    18  permissible  use in a zoning district and allowed by special use permit,
    19  conditions placed on such special use permits shall be  limited  to  the
    20  following:
    21    (i) ingress and egress to public thoroughfares controlled by the local
    22  government;
    23    (ii)  routing of mineral transport vehicles on roads controlled by the
    24  local government;
    25    (iii) requirements and conditions as specified in the permit issued by
    26  the department under this title concerning setback from property bounda-
    27  ries and public thoroughfare rights-of-way natural or man-made  barriers
    28  to  restrict  access,  if required, dust control and hours of operation,
    29  when such requirements and conditions are established pursuant to subdi-
    30  vision three of section 23-2711 of this title;
    31    (iv) enforcement of reclamation requirements contained in  mined  land
    32  reclamation permits issued by the state; or
    33    c. enacting or enforcing local laws or ordinances regulating mining or
    34  the  reclamation  of mines not required to be permitted by the state[.];
    35  or
    36    d. enacting or enforcing local laws or ordinances requiring the  moni-
    37  toring  of  groundwater impacts resulting from mining or the reclamation
    38  of mines within counties with a population of one million or more  which
    39  draw  their  primary  source  of drinking water for a majority of county
    40  residents from a designated sole source aquifer.
    41    3. No agency of this state shall consider an application for a  permit
    42  to  mine  as  complete  or process such application for a permit to mine
    43  pursuant to this title, within counties with a population of one million
    44  or more which [draws its] draw their primary source  of  drinking  water
    45  for  a  majority of county residents from a designated sole source aqui-
    46  fer, if local zoning laws or ordinances prohibit mining uses within  the
    47  area proposed to be mined.
    48    § 2. This act shall take effect immediately.