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A 11051

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

2025 Regular Session Introduced by Anna Kelles

The bill tightens permits, local input, and financial security for mining on state lands under navigable waters, mandating long-term monitoring and potential environmental reviews.

REFERRED TO ENVIRONMENTAL CONSERVATION
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Bill Summary · A 11051

Summary of Bill A.11051 (2025-2026) – New York

Jurisdiction: New York
Purpose: Relates to permits and financial security for reclamation for mining on state-owned lands occurring below or beneath navigable waters; repeals certain provisions of environmental conservation law related thereto.

Status: Introduced in the Assembly (April 24, 2026); referred to Environmental Conservation.

Key Provisions and Changes

  • Scope and Permitting

    • Applies to mining on state-owned lands occurring below or beneath navigable waterways.
    • Repeals and amends existing provisions to require explicit permits for such mining operations.
    • Each mine site requires a separate permit.
    • Permits may be issued for annual terms not to exceed five years.

  • Application Contents (for new or renewal permits)

    • Completed forms.
    • Mined land-use plan.
    • A joint statement by the applicant and the local political subdivision that mining is not prohibited at the location.
    • For mining on state-owned lands under navigable waterways: a 30-year monitoring plan covering all affected lands (surface and subsurface).
    • Any additional information the department may require.

  • Local Government Involvement

    • Upon receipt of a complete application for a mining permit on such lands, the department must notify the chief administrative officer of the local government with copies of the application.
    • Local governments may propose determinations on setbacks, access restrictions (barriers), dust control, hours of operation, and whether mining is prohibited.
    • Local determinations must be documented and provided to the department and applicant; the department may adopt or reject these determinations, with written justification if not adopted.
    • Major projects: defined as 5 acres or more of total acreage; a minimum 30-day public comment period is required, with notice to local subdivisions for state-owned lands under navigable waterways.

  • Environmental Review and Major Projects

    • If a project is major, public comment must occur; for certain major projects involving state-owned lands under navigable waterways, local notices must be provided.

  • Renewal and Amendments

    • Permits are renewable.
    • Renewal applications require:
    • Updated mining plan map.
    • Changes to the mined land-use plan, including an updated reclamation plan for underwater or navigable-waterway contexts.
    • Documentation of reclamation accomplished during the current permit term.
    • A 30-year monitoring plan for affected lands.

  • Environmental Review Trigger for Renewals

    • A special provision (11-a) states that for certain renewals where no environmental impact statement (EIS) has been prepared in the past 20 years and no environmental study has been completed, renewal:
    • Cannot be treated as a minor project.
    • Must be treated as a new permit application.
    • Triggers environmental quality review (Article 8) and potentially an EIS.

  • Financial Security for Reclamation (Section 23-2715)

    • Before permit issuance, the applicant must furnish financial security (bond or other acceptable form) to ensure reclamation and to cover damages related to mining on state-owned lands under navigable waterways, naming the state as beneficiary.
    • Department determines the amount and terms, based on estimated reclamation costs, potential damages, and site-specific factors (geology, hydrology, sensitive areas, nearby people/property, local economic impacts).
    • An independent third party may be engaged to advise on financial security determinations.
    • Security remains in place until reclamation is approved and no ongoing risk remains.
    • Permittee may request release of reclaimed land portion from bonding, subject to department approval.
    • If security is canceled, replacement bond must be provided within 30 days; failure may lead to permit suspension.
    • Suspension or revocation can require immediate reclamation; noncompliance permits the department to attach the security and/or seek damages.
    • Exemptions: political subdivisions, municipalities, the United States and its agencies, and state agencies are exempt from these financial security requirements.
    • If a financial security does not comply with requirements by the effective date of this subdivision, violators must bring it into compliance within six months.

  • Public Lands Law (Lease/Permit Duration)

    • For mining on state-owned lands under navigable waterways, the duration of a permit, consent, or lease cannot exceed the duration allowed by the DEC-issued mining permit (Article 27) for that project.

  • General Provisions

    • Severability clause.
    • Effective dates: bill takes effect 30 days after enactment; Section 3 (financial security provisions) takes effect 90 days after enactment. Administrative rule and regulatory changes can be implemented as needed on or before effective dates.

Impact Considerations

  • Environmental and Public Involvement

    • Expanded local input and public comment for major projects.
    • Required environmental review (potentially an EIS) for certain renewal scenarios, increasing oversight of long-term environmental effects on navigable waters.

  • Financial Assurance

    • Stronger financial guarantees for reclamation and potential damages, with independent third-party review.
    • Creates a mechanism to ensure funds are available for reclamation and to address environmental damages.

  • Governance and Compliance

    • Increased regulatory oversight for mining activities on state-owned submerged lands.
    • Local governments gain a formal role in siting and operational controls, subject to department approval.

  • Timeline and Process

    • New or renewal applications: 30-day determinations by local government for certain aspects; 30-day public comment periods for major projects.
    • Environmental studies: triggers for renewals and potential EIS preparation, with explicit timelines for initial findings and public reporting under subdivision 14.

This bill would tighten oversight, financial assurances, and environmental review for mining operations on state-owned lands under navigable waters, aligning reclamation and long-term impacts with stronger state-level requirements and local input.

Compiled from official sources — confirm details with the bill’s official record.

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