What's happening
This bill prohibits mining in certain New York counties where groundwater or drinking water contamination exceeds state or federal standards.
Why it matters
Protects drinking water sources. by halting new mining permits and eventually phasing out existing mines in areas where contamination exceeds safe standards, preventing further pollution to critical aquifers serving over a million people.
Targets high-risk areas. specifically, counties with large populations that rely on “sole source” aquifers—meaning the law is tailored to places where alternative water supplies aren’t available, making contamination especially dangerous.
Sets clear deadlines for action. Existing mines in contaminated areas must stop operating within a year, and full environmental reclamation (cleanup/restoration) must be completed within three years, pushing for rapid remediation and accountability.
Empowers state and local oversight. by requiring official documentation of contamination levels, ensuring that decisions are based on measurable, regulated water quality standards rather than arbitrary judgments.
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Who cares
Mine operators
Mines in designated special groundwater protection areas with state- or locally documented contamination exceeding drinking water or groundwater standards would have to stop operating within one year and complete reclamation within three years.
Mining permit applicants
In qualifying counties with at least one million residents dependent primarily on a designated sole source aquifer, state agencies could not process applications for sites in special groundwater protection areas with documented contamination above applicable standards.
State environmental regulators
The bill would require reclamation of affected mines under department-approved plans.
Residents relying on sole source aquifers
The bill would restrict mining where documented groundwater or drinking water contamination on or attributable to a site exceeds state or federal standards.
Headline styles
Stop Polluting Drinking Water
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
- Reported referred to rules
- Reported referred to codes
- 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.
Stop Mining Near Drinking Water
In Senate Committee · Environmental Conservation · Sponsor Kenneth P. LaValle
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 5652 A. 7558
2019-2020 Regular Sessions
SENATE - ASSEMBLY
May 9, 2019
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 -- read once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to mining in counties with a population of one million or more which draws the primary source of drinking water from a designated sole source aquifer, by prohibiting such activities where contamination to groundwater or drinking water on site or attributable to the site exceeds state or federal drinking water or groundwater standards
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 23-2703 of the environmental conservation law, as amended by chapter 298 of the laws of 2018, is amended to read as follows:
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 draw their primary source of drinking water for a majority of county residents from a designated sole source aquifer[,]: (a) if local zoning laws or ordinances prohibit mining uses within the area proposed to be mined; or (b) within a special groundwater protection area, designated pursuant to subdivision one of section 55-0113 of this chapter, the state or a local government has documented contamination to groundwater or drinking water on the site or attributable to the site, which exceeds maximum contaminant levels under state or federal drinking water or groundwater standards. Within one year of the effective date of the chapter of the laws of two thousand nineteen which amended this subdivision, no person shall operate a mine within a special groundwater
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10951-01-9
S. 5652 2 A. 7558
protection area, designated pursuant to subdivision one of section 55-0113 of this chapter, where the state or a local government has documented contamination to groundwater or drinking water on site or attributable to the site, which exceeds maximum contaminant levels, pursuant to state or federal drinking water or groundwater standards. Further, within three years of the effective date of the chapter of the laws of two thousand nineteen which amended this subdivision, all reclamation activities for any such mine shall be completed, pursuant to a reclamation plan approved by the department.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.