What's happening
This bill prohibits mining in certain counties with sole source aquifers if groundwater contamination exceeds state or federal standards.
Why it matters
Protects public health by halting mining operations in areas where groundwater or drinking water contamination surpasses legal safety limits, ensuring residents are not exposed to unsafe water.
Targets specific high-risk areas—counties with sole source aquifers and large populations—where many people rely on vulnerable groundwater for their primary drinking water supply.
Establishes a clear timeline for shutting down and reclaiming contaminated mining sites, requiring all mining to stop within one year and all land reclamation to be completed within three years, reducing long-term environmental risks.
Empowers state and local governments to act on documented contamination, giving local findings legal force to trigger mining prohibitions and remediation, rather than requiring proof of ongoing harm or waiting for state action.
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Who cares
Headline styles
Stop Mining Near Drinking Water
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to environmental conservation
- 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 Polluting Drinking Water
In Assembly Committee · Codes · Sponsor Fred Thiele
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.
Sponsor's memo
Title of bill
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
Purpose
Relates to mining in Nassau and Suffolk Counties where contamination to groundwater or drinking water on site or attributable to the site exceeds state or federal drinking water or groundwater standards.
Summary of provisions
Section 1. Amends subdivision 3 of Section 23-2703 of the Environmental Conservation Law relating to mining where contamination to groundwater or drinking water on site or attributable to the site exceeds state or federal drinking water or groundwater standards.
Section 2. Effective Date
Justification
When mining operations are located within a New York State designated special groundwater protection area, proactive measures must be taken to protect the drinking water that lies beneath fragile geologic areas from the potential of contamination. Therefore, it is in the best interest for the protection of public health and the environment to prohibit any state agency from considering an application for a permit to mine as complete or process such application for a permit to mine within Nassau and Suffolk counties in designated special groundwater protection areas, if 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. This legislation further provides that within one year of the effective date of this act, no person shall oper- ate a mine within a special groundwater protection area under such contamination conditions and requires that all reclamation activities for any such mine shall be completed, pursuant to a reclamation plan approved by the Department of Environmental Conservation, within three years of the effective date of this act.
Legislative history
2019: New Legislation
Fiscal implications
None to the State.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.