What's happening
This bill allows large New York counties relying on sole source aquifers to require local monitoring of groundwater impacts from mining.
Why it matters
Protects Drinking Water in High-Risk Areas. By allowing large counties that depend on sole source aquifers for most residents’ drinking water to require groundwater monitoring, the bill specifically targets regions where mining could threaten the primary water supply, addressing a critical vulnerability.
Empowers Local Governments. The amendment gives affected counties new authority to enact or enforce their own laws about groundwater monitoring, enabling more responsive and tailored oversight than statewide agencies alone might provide.
Increases Accountability for Mining Operations. Mining companies operating in these counties could face stricter local requirements for tracking and reporting groundwater impacts, potentially leading to earlier detection and mitigation of contamination or overuse.
Sets a Precedent for Localized Environmental Protection. This bill carves out an exception to state preemption over mining regulation, signaling a recognition that some environmental risks require local solutions—possibly opening the door for similar measures in other sensitive regions.
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Who cares
Headline styles
Monitor Mine Water Pollution
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Substituted by A6314
- Ordered to third reading cal.1026
- Committee discharged and committed to rules
- Referred to environmental conservation
- Reported and committed to rules
- 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.
Monitor Groundwater Near Mines
Signed by Governor · Sponsor Fred Thiele
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 4812 A. 6314
2017-2018 Regular Sessions
SENATE - ASSEMBLY
March 2, 2017
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation
IN ASSEMBLY -- Introduced by M. of A. THIELE, COLTON, ENGLEBRIGHT, PALUMBO, RAIA -- read once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to authorizing the enactment or enforcement of local laws or ordinances requiring the monitoring of groundwater impacts resulting from mining or the reclamation of mines within counties with a population of one million or more which draw their primary source of drinking water for a majority of county residents from a designated sole source aquifer
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 23-2703 of the environmental conservation law, as amended by chapter 166 of the laws of 1991, is amended to read as follows: § 23-2703. Declaration of policy.
1. The legislature hereby declares that it is the policy of this state to foster and encourage the development of an economically sound and stable mining industry, and the orderly development of domestic mineral resources and reserves necessary to assure satisfaction of economic needs compatible with sound environmental management practices. The legislature further declares it to be the policy of this state to provide for the management and planning for the use of these non-renewable natural resources and to provide, in conjunction with such mining operations, for reclamation of affected lands; to encourage productive use including but not restricted to the planting of forests, the planting of crops for harvest, the seeding of grass and legumes for grazing purposes, the protection and enhancement of wildlife and aquatic
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02103-01-7
S. 4812 2 A. 6314
resources, the establishment of recreational, home, commercial, and industrial sites; to provide for the conservation, development, utilization, management and appropriate use of all the natural resources of such areas for compatible multiple purposes; to prevent pollution; to protect and perpetuate the taxable value of property; to protect the health, safety and general welfare of the people, as well as the natural beauty and aesthetic values in the affected areas of the state.
2. For the purposes stated herein, this title shall supersede all other state and local laws relating to the extractive mining industry; provided, however, that nothing in this title shall be construed to prevent any local government from:
a. enacting or enforcing local laws or ordinances of general applicability, except that such local laws or ordinances shall not regulate mining and/or reclamation activities regulated by state statute, regulation, or permit; or
b. enacting or enforcing local zoning ordinances or laws which determine permissible uses in zoning districts. Where mining is designated a permissible use in a zoning district and allowed by special use permit, conditions placed on such special use permits shall be limited to the following:
(i) ingress and egress to public thoroughfares controlled by the local government;
(ii) routing of mineral transport vehicles on roads controlled by the local government;
(iii) requirements and conditions as specified in the permit issued by the department under this title concerning setback from property boundaries and public thoroughfare rights-of-way natural or man-made barriers to restrict access, if required, dust control and hours of operation, when such requirements and conditions are established pursuant to subdivision three of section 23-2711 of this title;
(iv) enforcement of reclamation requirements contained in mined land reclamation permits issued by the state; or
c. enacting or enforcing local laws or ordinances regulating mining or the reclamation of mines not required to be permitted by the state[.]; or
d. enacting or enforcing local laws or ordinances requiring the monitoring of groundwater impacts resulting from mining or the reclamation of mines within counties with a population of one million or more which draw their primary source of drinking water for a majority of county residents from a designated sole source aquifer.
3. No agency of this state shall consider an application for a permit to mine as complete or process such application for a permit to mine pursuant to this title, within counties with a population of one million or more which [draws its] draw their primary source of drinking water for a majority of county residents from a designated sole source aquifer, if local zoning laws or ordinances prohibit mining uses within the area proposed to be mined.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law, in relation to authorizing the enactment or enforcement of local laws or ordinances requiring the monitoring of groundwater impacts resulting from mining or the reclamation of mines within counties with a population of one million or more which draw their primary source of drinking water for a majority of county residents from a designated sole source aquifer
Purpose
Authorizes the enactment or enforcement of local laws or ordinances requiring the monitoring of groundwater impacts resulting from mining or the reclamation of mines within counties with a population of one million or more which draw their primary source of drinking water for a majority of county residents from a designated sole aquifer.
Summary of provisions
Section 23-2703 of the environmental Conservation Law is amended relating to enacting or enforcing local laws or ordinances requiring the monitoring of groundwater impacts resulting from mining or the reclamation of mines within counties with a population fo one million or more which draw their primary source of drinking water for a majority of county residents from a designated sole source aquifer.
Justification
Recent finding from a study conducted by the New York State Department of Environmental Conservation and Suffolk County Department of Health Services on the operations at a Horseblock Road facility in Yaphank, NY clearly outlines the significant potential for groundwater impacts associated with mining operations.
When mining operations are located within a New York State designated Special Groundwater Protection Area or an Aquifer Protection Overlay Zone, we must take a proactive approach to environmental protection. Because these special designations were enacted specifically to protect the quality of drinking water located beneath fragile geologic areas, any activity with the potential to contaminate groundwater in an area of such environmental and public health importance must be closely evaluated and monitored over time.
Therefore, it is in our best interest to require a comprehensive groundwater monitoring program on and around mining sites for reclaimed mines in area with which the primary source of drinking water is a sole source aquifer.
Routine groundwater sampling and monitoring can help determine what, if any, groundwater resources may be impacted from these types of operations and provide an early warning system for any current or future groundwater contamination. Regular groundwater monitoring can also help guide future operations and management policies and regulations for similar facilities.
Legislative history
2015-16 S.367/A.166; 2014 S.7231/A.9534
Fiscal implications
To be determined.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.