Allows local governments to enact or enforce certain laws and ordinances.
TITLE OF BILL: An act to amend the environmental conservation law, in relation to allowing local governments to enact or enforce certain laws and ordinances
PURPOSE: To clarify the role of municipalities in governing oil, gas, and solution mining development within their jurisdiction.
SUMMARY OF PROVISIONS: The bill amends subdivision 2 of § 23-0303 of the environmental conservation law, as added by section 846 of the laws of 1981, allowing for any local government to enact or enforce local laws or ordinances of general applicability if the local laws do not expressly regulate the oil, gas and solution mining industries regulated by state statute, regulation, or permit. Local governments shall not be prevented from enacting or enforcing local zoning ordinances or laws which determine permissible uses in zoning districts.
EXISTING LAW: Subdivision 2 of § 23-0303 of the environmental conservation law, as added by § 846 of the laws of 1981.
JUSTIFICATION: Currently, local government officials are confused about whether their local zoning ordinances are preempted by state law and regulation in relation to the oil, gas, and solution mining industries.
NY Court of Appeals case law interprets provisions of the ECL to conclude that a town's zoning ordinance does not "relate to the regulation" of the industry, as prohibited by subdivision 2 of § 23-0303 of the environmental conservation law, but rather serves to regulate the location, construction and use of buildings and land within the town, as delegated to local government by Article IX of the State Constitution.
This legislation clarifies that current local zoning law, and local zoning laws enacted in the future, will dictate where oil, gas, and solution mining is a permissible use, even with a regulatory program at the state level.
LEGISLATIVE HISTORY: None.
FISCAL IMPLICATIONS: None for state.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 3472 2011-2012 Regular Sessions IN SENATE February 23, 2011 ___________Introduced by Sens. OPPENHEIMER, BONACIC -- read twice and ordered printed, and when printed to be committed to the Committee on Environ- mental Conservation AN ACT to amend the environmental conservation law, in relation to allowing local governments to enact or enforce certain laws and ordi- nances THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 23-0303 of the environmental conservation law, as added by section 846 of the laws of 1981, is amended to read as follows: 2. The provisions of this article shall supersede all local laws or ordinances relating to the regulation of the oil, gas and solution mining industries; but shall not supersede local government jurisdiction over local roads or the rights of local governments under the real prop- erty tax law 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 SHALL NOT EXPRESSLY REGULATE THE OIL, GAS AND SOLUTION MINING INDUSTRIES 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. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07758-01-1