S T A T E   O F   N E W   Y O R K
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     S. 4812                                                  A. 6314
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                               March 2, 2017
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed, 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  Environ-
   mental 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  ASSEM-
 BLY, 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-renewa-
 ble 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  plant-
 ing  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, utiliza-
 tion, 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  applica-
 bility,  except  that  such  local laws or ordinances shall not regulate
 mining and/or reclamation activities regulated by state  statute,  regu-
 lation, or permit; or
   b.  enacting or enforcing local zoning ordinances or laws which deter-
 mine 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 bounda-
 ries 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 subdi-
 vision 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  MONI-
 TORING  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 aqui-
 fer, if local zoning laws or ordinances prohibit mining uses within  the
 area proposed to be mined.
   § 2. This act shall take effect immediately.