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A08557 Summary:

COSPNSRRivera P, Cahill, Millman, Englebright
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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A08557 Text:

                STATE OF NEW YORK
                               2011-2012 Regular Sessions
                   IN ASSEMBLY
                                     August 24, 2011
        Introduced by M. of A. LIFTON -- 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     2  conservation law is REPEALED, and a new subdivision 2 is added  to  read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.

        A. 8557                             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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