S3472-2011 Actions

• Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Mar 12, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 4, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
• Feb 23, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S3472-2011 Memo

BILL NUMBER:S3472

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.

S3472-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3472
 2011-2012 Regular Sessions
 I N  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

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