|SAME AS||No Same As|
|MLTSPNSR||Colton, Englebright, Glick, Gottfried, O'Donnell, Rivera, Rosenthal, 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.|
|02/02/2017||referred to environmental conservation|
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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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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. LBD08953-01-7A. 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.