New York A 11051: Relates to permits and financial security for reclamation for mining on state-owned lands occurring below or beneath navigable waters; repealer

Bill Text

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A11051 Summary:

BILL NOA11051 

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SAME ASSAME AS S10003

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SPONSORKelles

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COSPNSR

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MLTSPNSR

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Amd §§23-2711 & 23-2715, rpld §23-2711 sub 9, En Con L; amd §81, Pub Lds L

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Relates to permits and financial security for reclamation for mining on state-owned lands occurring below or beneath navigable waters; requires such permits to be subject to environmental quality review procedures; requires financial security to cover any damages directly or indirectly resulting from mining activities on state-owned lands occurring below or beneath navigable waterways, including, but not limited to, those resulting from collapse or water contamination.

Go to top A11051 Actions:

BILL NOA11051 

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04/24/2026referred to environmental conservation

Go to topA11051 Committee&nbspVotes:

Go to topA11051 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA11051 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 11051

 IN ASSEMBLY

 April 24, 2026
 ___________

 Introduced by M. of A. KELLES -- read once and referred to the Committee
 on Environmental Conservation

 AN ACT to amend the environmental conservation law and the public lands
 law, in relation to permits and financial security for reclamation for
 mining on state-owned lands occurring below or beneath navigable
 waterways; and to repeal certain provisions of the environmental
 conservation law relating thereto

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivisions 1, 2, 3, 4, 8, 11 and 12 of section 23-2711 of
 2 the environmental conservation law, subdivisions 1, 2, 4 and 8 as
 3 amended and subdivisions 3, 11 and 12 as added by chapter 166 of the
 4 laws of 1991, are amended and two new subdivisions 11-a and 14 are added
 5 to read as follows:
 6 1. After September first, nineteen hundred ninety-one, any person who
 7 mines or proposes to mine from each mine site more than one thousand
 8 tons or seven hundred fifty cubic yards, whichever is less, of minerals
 9 from the earth within [twelve successive calendar months] one year or
 10 who mines or proposes to mine over one hundred cubic yards of minerals
 11 from or adjacent to or under any body of water not subject to the juris-
 12 diction of article fifteen of this chapter [or to the public lands law]
 13 shall not engage in such mining unless a permit for such mining opera-
 14 tion has been obtained from the department. A separate permit shall be
 15 obtained for each mine site.
 16 2. Applications for permits and permit renewals may be submitted for
 17 annual terms not to exceed five years. A complete application for a new
 18 or renewal mining permit shall contain the following:
 19 (a) completed application forms;
 20 (b) a mined land-use plan;
 21 (c) a statement by the applicant and local political subdivision in
 22 which the proposed mine is to be located that mining is not prohibited
 23 at that location; [and]
 24 (d) for a permit for mining on state-owned lands occurring below or
 25 beneath navigable waterways, a thirty-year monitoring plan, covering all
 26 affected lands, surface and subsurface, for the purpose of monitoring
 27 the effects of the mine or mining activities on navigable waterways; and
 28 (e) such additional information as the department may require.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15347-01-6

 A. 11051 2

 1 3. Upon receipt of a complete application for a mining permit, for a
 2 property not previously permitted pursuant to this title, a notice shall
 3 be sent by the department, by certified mail, to the chief administra-
 4 tive officer of the local political subdivision in which the proposed
 5 mine is to be located [(hereafter, "local government")]. Such notice
 6 will be accompanied by copies of all documents which comprise the
 7 complete application and shall state whether the application is a major
 8 project or a minor project as described in article seventy of this chap-
 9 ter.
 10 (a) The chief administrative officer may make a determination, and
 11 notify the department and applicant, in regard to:
 12 (i) appropriate setbac