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Who cares
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Sponsors
1 Co-sponsor
History
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Allows local governments to enact or enforce certain laws and ordinances
In Assembly Committee · Rules · Sponsor Barbara Lifton
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S8043
Title of bill
An act to amend the environmental conservation law, in relation to allowing local governments to enact or enforce certain laws and ordi- nances
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 conser- vation 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 conservation 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 industries.
NY Court of Appeals case law interprets provisions of the ECL to conclude that a municipal 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 its juris- diction, 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.