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History
- Referred to environmental conservation
- Referred to rules
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 relating to oil, gas and solution mining; repealer
In Assembly Committee · Environmental Conservation · Sponsor Barbara Lifton
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5830
Title of bill
An act to amend the environmental conservation law, in relation to allowing local governments to enact or enforce certain laws and ordinances governing oil, gas and solution mining; and to repeal certain provisions of such law relating thereto
Purpose
To authorize local governments to address natural gas drilling in their zoning or planning ordinances.
Summary of provisions
Subdivision 2 of section 23-0303 of the ECL is replaced with a new section that authorizes local governments to consider whether natural gas drilling should be a permissible use within their zoning ordinances. The bill further outlines the specific areas, should natural gas drilling be considered a permissible use in a town zoning ordinance, that the municipality may by special use permit regulate.
Existing law
State law is currently silent on the issue of local governments exerting authority over natural gas drilling as a function of home rule.
Justification
While the state regulates extractive mining, it has nonetheless granted to local governments the authority to decide whether mining is a compatible use within the context of a municipality's zoning laws. The principles set forth in a court of appeals decision clarifying this issue {Gernatt Asphalt Products v. Town of Sardinia 87 N.Y. 2d 668 (1996)} are no less applicable to oil and gas mining, i.e., that local governments retain the power to control land uses under their home rule authority. The state also oversees natural gas and oil drilling, but state law is silent on the issue of local authority over natural gas drilling, and while the courts may uphold a municipality's authority to do so, it is prudent to clarify the law to avoid litigation.
The bill further outlines what a municipality may include in the terms of a special use permit when an application is approved by the state for an area where the local government has decreed oil or gas mining a permissible use, including maintenance and repair of roads to standards enacted by local law.
Legislative history
New bill.
Fiscal implications
None to the state.
Effective date
Immediate.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.