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History
- Referred to environmental conservation
- Referred to environmental conservation
Full text
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Sponsor's memo
BILL NUMBER:S2193
Title of bill
An act to amend the environmental conservation law, in relation to the granting of permits to mine
Purpose
To prohibit the Department of Environmental Conservation from approving an application or granting a permit to mine mineral resources if the locality within which such mining is proposed to take place has an effective local law or ordinance prohibiting such activity at the location at which such mining is proposed to take place.
Summary of provisions
Section 1 amends subdivision 3 of section 23-2703 of the Environmental Conservation Law to provide that if mining is prohibited by local law or ordinance at the proposed location, the Department of Environmental Conservation (nor any other agency in the State) may neither consider an application for a permit to mine as complete, nor process an application for a permit to mine.
Section 2 provides for the effective date.
Existing law
Currently, Article 23 of the Environmental Conservation Law (Mineral Resources) provides for a local government to be notified when an application has been made to the Department to mine within such locality. It also provides a process by which the chief officer of the locality can inform the Department as to whether or not mining is prohibited at the location by the local government. The current statute, however, allows the Department to ignore the local land use controls and approve an application and grant a permit to mine irrespective of such local controls, except within counties with a population of one million or more which draws its primary source of drinking water for the majority of the county residents from a designated sole source aquifer (i.e.- Long Island).
Justification
New York State has a strong tradition of municipal home rule. Particularly in the area of land use control, New York statutes cedes virtually all control to local governments, which are better suited to respond to the needs of its inhabitants with respect to the character of their community. In the area of mining mineral resources, the state should not abrogate this philosophy and, moreover, the Department of Environmental Conservation should not expend the taxpayer's resources to review and grant a permit for an activity which is prohibited by local regulation.
Legislative history
2009-2010: S.1258 - Referred to Environmental Conservation 2007-2008: S.448 - Referred to Environmental Conservation 2005-2006: S.315 - Referred to Environmental Conservation 2003-2004: S.477 - Referred to Environmental Conservation 2001-2002: S.4576 - Referred to Environmental Conservation 1999-2000: S.4967 - Referred to Environmental Conservation 1997-1998: S.1727 - Referred to Environmental Conservation 1995-1996: S.5582A - Referred to Environmental Conservation
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.