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History
- Referred to environmental conservation
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S8041
Title of bill
An act to amend the environmental conservation law, in relation to requiring the department of environmental conservation to consider local road impacts in evaluating natural gas drilling or removal permits and to require the posting of a bond for damage caused by vehicles associ- ated with the drilling
Purpose
The intent of this legislation is to empower municipalities to enact local zoning laws or ordinances which impose reasonable safeguards for the health, safety, and welfare of its citizens against community impacts of gas drilling or exploration in such municipality. It requires the DEC to consider mandatory bonding in favor of localities when they undertake a SEQRA determination on the issuance of a gas drilling/exploration permit; to allow localities to establish a six month moratorium on drilling/exploration. The legislation shall not authorize the permanent prohibition of such gas drilling or exploration.
Summary of provisions
The bill requires the DEC, as part of any SEQRA determination it makes in the issuance of a natural gas drilling/exploration permit, to consid- er the impacts on municipal roadways and consider the requirement that a bond be posted inuring to the benefit of such locality for any road damage caused by vehicles associated with the drilling. Secondly, the bill allows localities to establish no more than a six month moratorium pursuant to an adopted/revised comprehensive plan and zoning law or ordinance. Lastly, the bill shall not authorize the permanent prohibi- tion of such gas drilling or exploration in such municipality.
Existing law
Current law does not require or expressly allow what this bill requires and allows.
Justification
Natural gas exploration appears to be a growing industry in New York State. While New York can and should be a part of seeking alternatives from oil, those alternatives must be secured in an environmentally intelligent way subject to local zoning laws. This legislation strikes a balance in allowing the continued exploration of natural gas while also ensuring New York's home rule authority is maintained.
Legislative history
Same as S.8740-A of 2008
Fiscal implications
None.
Local fiscal implications
None.
Effective date
Immediately for the moratorium and local zoning authority and thirty days thereafter for the provisions of paragraph 1 of the bill.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.