Skip to content
S5652Senate2019-2020 SessionSame asA7558

Stop Mining Near Drinking Water

Official title

“Relates to mining in certain counties which draw the primary source of drinking water from a designated sole source aquifer”

Sponsor Kenneth P. LaValleSD-1Affects Environment & Energy
Status
In Senate Committee
Environmental Conservation
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Environmental Conservation

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

  1. 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.

  2. 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.

  3. 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.

  4. 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.

The daily · weekday mornings

Albany, before your first meeting.

Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.

Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.

Who cares

Headline styles

Stop Mining Near Drinking Water

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Kenneth P. LaValle

Senator · Senate District 1

No co-sponsors yet.

History

  1. Referred to environmental conservation
  2. 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.

A7558Assembly

Stop Polluting Drinking Water

In Assembly Committee · Codes · Sponsor Fred Thiele

Impact 6 · Moderate0% to pass

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.