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A04314 Summary:

BILL NOA04314
 
SAME ASNo Same As
 
SPONSORQuart
 
COSPNSR
 
MLTSPNSRColton, Englebright, Glick, Gottfried, O'Donnell, Rivera, Rosenthal L, Ryan, Sepulveda, Thiele
 
Amd 23-0305, En Con L
 
Requires testing the radon level of gas produced, sold, purchased, acquired, stored or injected and prohibits gas with a radon content greater than 2 pCi/L from entering the distribution system.
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A04314 Actions:

BILL NOA04314
 
02/02/2017referred to environmental conservation
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A04314 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4314
 
SPONSOR: Quart (MS)
  TITLE OF BILL: An act to amend the environmental conservation law, in relation to requiring the radon level of gas produced, sold, purchased, acquired, stored or injected to be tested and to prohibit certain gas from entering the distribution system   PURPOSE OR GENERAL IDEA OF BILL: To empower the Department of Environmental Conservation to test natural gas in New York State for radon, preventing natural gas with high levels of radon from being distributed.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends subdivision 8 of § 23-0305 of the Environmental Conser- vation Law to add two provisions to the Department of Environmental Conservation's powers: *The Department can require radon testing of natural gas that is produced, sold, purchased, acquired, stored or injected in New York State. *The Department can prohibit any natural gas with more than 2 pCi/L of radon from entering the distribution system. Section 2 contains the effective date.   JUSTIFICATION: Radon is a radioactive product of the decay of either uranium or thorium and an incredibly dangerous gas that is highly carcinogenic. It is the second leading cause of lung cancer, behind smoking, and it is partic- ularly dangerous to smokers, former smokers and those who have been exposed to second-hand smoke. Efforts to test for radon and mitigate its impacts in residential buildings have been very effective, however. The Marcellus Shale is known to be highly radioactive, with high levels of both uranium and thorium and, hence, high levels of radon. As New York State considers whether to allow hydraulic fracturing in the Marcellus Shale, we also need to ensure the safety of our energy supply. This bill will ensure that no natural gas, from the Marcellus Shale or elsewhere, will have a higher level of radon than the EPA's threshold of 2 pCi/L.   PRIOR LEGISLATIVE HISTORY: 2015-2016: A4799 referred to Environmental Conservation 2013-2014: A2592 referred to Environmental Conservation   FISCAL IMPLICATIONS: Unknown.   EFFECTIVE DATE: This bill would take effect immediately.
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A04314 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4314
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 2, 2017
                                       ___________
 
        Introduced  by  M. of A. QUART -- Multi-Sponsored by -- M. of A. COLTON,
          ENGLEBRIGHT, GLICK, GOTTFRIED,  O'DONNELL,  RIVERA,  ROSENTHAL,  RYAN,
          SEPULVEDA,  THIELE -- read once and referred to the Committee on Envi-
          ronmental Conservation
 
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          requiring  the radon level of gas produced, sold, purchased, acquired,
          stored or injected to be tested  and  to  prohibit  certain  gas  from
          entering the distribution system
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 8  of  section  23-0305  of  the  environmental
     2  conservation  law  is  amended  by  adding  a new paragraph l to read as
     3  follows:
     4    1. (1) Require gas produced,  sold,  purchased,  acquired,  stored  or
     5  injected  in  the state to be tested to determine the radon level in the
     6  gas.
     7    (2) Prohibit any gas with a radon level  greater  than  2  pCi/L  from
     8  entering  the  gas  distribution  system on and after January first, two
     9  thousand eighteen.
    10    (3) Require any company  producing,  selling,  purchasing,  acquiring,
    11  storing or injecting gas in the state to monitor the radon level in such
    12  gas  within  the state in accordance with regulations established by the
    13  department.
    14    (i) Radon levels shall be monitored at the  wellhead  if  the  gas  is
    15  originating  within  the state. If the gas is not originating within the
    16  state, then monitoring shall occur at  the  first  metering  station  or
    17  compressor station within the state borders.
    18    (ii)  Monitoring  shall be continuous and an automatic shutdown proce-
    19  dure shall be implemented any time there is more than 2 pCi/L  of  radon
    20  in  the gas. All companies shall have a manual backup shutdown procedure
    21  in place in addition to an automatic shutdown procedure.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08953-01-7

        A. 4314                             2
 
     1    (iii) Any company producing, selling, purchasing,  acquiring,  storing
     2  or  injecting  gas in the state shall certify every other week that such
     3  company is complying with the regulations established by the  department
     4  pursuant  to  this  subparagraph and that gas produced, sold, purchased,
     5  acquired,  stored  or  injected within the state by such company has not
     6  exceeded the radon limit.
     7    (iv) The department shall audit the gas systems every  sixty  days  to
     8  ensure  that companies are accurately monitoring radon levels in gas and
     9  complying with this subparagraph.
    10    (4) Any company which produces, sells, purchases, acquires, stores  or
    11  injects  gas  in  the  state  which is in excess of the radon limits set
    12  forth  in this paragraph shall be subject to a civil  penalty  of  eight
    13  thousand  dollars  for  the first offense and an additional one thousand
    14  dollars for each day the gas is in excess of such radon limits. A second
    15  violation of this paragraph shall result in a  civil  penalty  of  eight
    16  thousand dollars and an additional two thousand dollars for each day the
    17  gas  is in excess of such radon limits. Any subsequent violation of this
    18  paragraph shall result in a civil penalty of eight thousand dollars  and
    19  an  additional five   thousand dollars for each day the gas is in excess
    20  of such radon limits.
    21    (5) This paragraph shall not apply to liquefied natural gas,  as  such
    22  gas is defined in subdivision one of section 23-1705 of this article.
    23    §  2.  Paragraph h of subdivision 8 of section 23-0305 of the environ-
    24  mental conservation law, as amended by chapter 846 of the laws of  1981,
    25  is amended to read as follows:
    26    h. Require the immediate reporting of any non-routine incident includ-
    27  ing  but  not  limited  to casing and drill pipe failures, casing cement
    28  failures, fishing jobs, fires, seepages, excess radon  levels,  blowouts
    29  and  other incidents during drilling, completion, producing, plugging or
    30  replugging operations that may affect the  health,  safety,  welfare  or
    31  property  of any person. The department may require the operator, or any
    32  agent thereof, to record any data which the department believes  may  be
    33  of subsequent use for adequate evaluation of a non-routine incident.
    34    § 3. This act shall take effect immediately.
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