Allows local governments to enact or enforce certain laws and ordinances

STATUS:
A10633  Lifton (MS)   No Same as
Environmental Conservation Law
TITLE….Allows local governments to enact or enforce certain laws and ordinances

04/13/10 referred to environmental conservation

SUMMARY:

LIFTON, CHRISTENSEN, COLTON, GUNTHER, KELLNER, O’DONNELL, WEISENBERG, KAVANAGH; M-S: Brennan, Crespo, Gottfried, Millman, Schimel, Thiele
Amd S23-0303, En Con L
Allows local governments to enact or enforce certain laws and ordinances.

SPONSORS MEMO:
NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)

BILL NUMBER: A10633

SPONSOR: Lifton (MS)

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.