Relates to natural gas development using hydraulic fracturing; enacts provisions to ensure natural gas development practices will be sustainable and safe.
STATE OF NEW YORK
________________________________________________________________________
1928
2017-2018 Regular Sessions
IN SENATE
January 11, 2017
___________
Introduced by Sen. AVELLA -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
natural gas development using hydraulic fracturing
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative declarations and purpose. 1. The legislature
2 recognizes that the expansion of natural gas development in the state of
3 New York using hydraulic fracturing poses unique threats to human health
4 and to the environment. The legislature further recognizes that New
5 York's current laws are inadequate to protect against these threats.
6 2. As natural gas development expands, it is the highest priority of
7 this state to protect human health as well as to ensure the safety of
8 irreplaceable natural assets such as safe drinking water, clean air,
9 wildlife, and the aesthetic beauty of the state.
10 3. Hydraulic fracturing utilizes components that are often toxic, that
11 are non-biodegradable, and that are virtually impossible to remove once
12 they enter the natural environment. Many of these hazardous chemicals
13 are known carcinogens and others can cause other life threatening
14 illnesses. Drinking water contamination from hydraulic fracturing can
15 lead to exposure to endocrine disrupting agents and to other chemicals
16 that can cause kidney, liver, heart, blood, brain damage and other
17 hazardous health effects.
18 4. Hydraulic fracturing operations withdraw millions of gallons of
19 water from the ground and surface waters of the state, which are a
20 precious, finite and invaluable resource, upon which there is likely to
21 be an ever-increasing demand for present, new and competing uses. The
22 withdrawal of ground and surface waters of the state should be regulated
23 in a manner that benefits the people of the state and is compatible with
24 long-range water resource planning and with managing such waters in the
25 public trust for the benefit of all New Yorkers.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01287-01-7
S. 1928 2
1 5. Hydraulic fracturing operations result in wastewater that returns
2 to the surface laden with salt, heavy metals, other chemicals and radio-
3 active elements. In other states, this wastewater is often stored in
4 open pits until transported for ultimate disposal. Chemicals evaporate
5 from these open pits, contributing to air pollution. Leaks and spills of
6 chemicals from the trucks and waste pits may cause contamination of
7 surface waters. Fracturing fluid left underground could migrate or seep
8 through fractures in underground formations, cracks in well-bore
9 casings, through abandoned wells, or otherwise to pollute groundwater.
10 Given the increased prevalence of natural gas drilling in the state,
11 these negative effects may increase if the process of natural gas
12 extraction is not carefully and thoughtfully regulated.
13 6. One of the chief environmental and infrastructure assets of the
14 state of New York is its drinking water systems, which play a fundamen-
15 tal role in the economic productivity and public health of the state.
16 The policy of the state with respect to the management of shale gas
17 extraction must be one of zero drinking water risk.
18 7. Furthermore, natural gas exploration must be carried out in a
19 manner that is sensitive to the ecological richness and aesthetic beauty
20 of the state. Widespread, uncontrolled natural gas development using
21 hydraulic fracturing will diminish or destroy the natural beauty of the
22 land and disrupt the natural habitat of wildlife. The legislature finds
23 that natural gas development must be carried out to minimize these
24 effects to the maximum extent possible.
25 8. Natural gas extraction can impose both monetary and non-monetary
26 costs on municipalities and cause property damage or otherwise reduce
27 the property value of private land owners. It is the intention of the
28 legislature that all persons who undertake natural gas development in
29 the state of New York take full responsibility for their actions, and
30 act consistent with local concerns.
31 9. Although natural gas development provides the promise of economic
32 benefit for the state of New York, the state must ensure that the bene-
33 fits outweigh the costs. It is the policy of the state that natural gas
34 development practices will be sustainable, respectful, and safe. This
35 act is intended to ensure that goal is met.
36 § 2. The environmental conservation law is amended by adding a new
37 section 17-0709 to read as follows:
38 § 17-0709. Wastewater treatment facilities.
39 Notwithstanding anything to the contrary contained in subdivision
40 twenty-one of section 17-0105 of this article, the commissioner shall,
41 after holding a public hearing with due notice, promulgate regulations
42 establishing a standard of performance for the control of the discharge
43 of pollutants from facilities which treat wastewater from hydraulic
44 fracturing operations. This standard of performance shall reflect the
45 greatest degree of effluent reduction which the commissioner determines
46 to be achievable through application of the best available demonstrated
47 control technology, processes, operating methods, or other alternatives,
48 including, where practicable, a standard permitting no discharge of
49 pollutants. This standard of performance shall remain in effect until
50 such time that the federal government determines that a greater degree
51 of effluent limitation is achievable by this category of facilities, at
52 which time this standard of performance shall be superseded by such
53 federal standard.
54 § 3. Section 23-0101 of the environmental conservation law, as amended
55 by chapter 846 of the laws of 1981 and subdivision 1 as amended by chap-
56 ter 891 of the laws of 1984, is amended to read as follows:
S. 1928 3
1 § 23-0101. Definitions.
2 As used in this article, unless the context otherwise requires:
3 1. "Air pollutant" means volatile organic compounds (VOCs) as defined
4 at 40 CFR 51.100(s), hazardous air pollutants (HAPs) as defined at 42
5 USC § 7412(b) and 40 CFR 63, nitrogen oxides (NOX), carbon monoxide
6 (CO), methane (CH4), ethane (C2H6), particulate matter (PM10 and PM2.5),
7 ozone (O3), lead (Pb), sulfur dioxide (SO2) and other air contaminants
8 as may be identified by the department.
9 2. "Best management practices (BMPs)" are practices that are designed
10 to prevent or reduce impacts caused by oil and gas operations to air,
11 water, soil, or biological resources, and to minimize adverse impacts to
12 public health, safety and welfare, including the environment and wild-
13 life resources.
14 3. "Buffer zone" means all that area outside and surrounding the
15 underground gas storage reservoir which the department approves as
16 appropriate to protect the integrity of the reservoir, no part of which
17 shall be more than thirty-five hundred linear feet from the boundary
18 thereof.
19 [2.] 4. "Cavity" means an open or partially open space left after a
20 salt has been solution mined.
21 [3.] 5. "Closed-loop system" means a system for handling oil or gas
22 exploration, stimulation, or production wastes, including but not limit-
23 ed to drilling fluids and cuttings, hydraulic fracturing flowback,
24 produced water, and residual sludges or brines, without the need for
25 pits.
26 6. "Commissioner" means the commissioner of environmental conserva-
27 tion.
28 [4.] 7. "Consequences of any hazardous discharge" as used in this
29 section means any detrimental effect to the health, safety, welfare, or
30 aesthetic enjoyment of any citizen, resident, or visitor in the state by
31 a hazardous discharge.
32 8. "Department" means the department of environmental conservation.
33 [5.] 9. "Environmental damage" as used in this section means damage
34 to:
35 a. any waters of the state;
36 b. any land surface or subsurface strata of the state;
37 c. any ambient air within the state; or,
38 d. the wildlife or ecological systems in the land, air, or waters of
39 the state.
40 10. "Fund" means the oil and gas [fund as established in section
41 eighty-three-a of the state finance law] account established under chap-
42 ter fifty-eight of the laws of nineteen hundred eighty-two.
43 [6.] 11. "Field" means the general area underlaid by one or more
44 pools.
45 [7.] 12. "Gas" means all natural, manufactured, mixed, and byproduct
46 gas, and all other hydrocarbons not defined as oil in this section.
47 [8.] 13. "Groundwater" means water in a saturated zone or stratum
48 beneath the surface of land or water.
49 14. "Groundwater well" means any well designed or used for the sole
50 purpose of obtaining groundwater.
51 15. "Hazardous release" as used in this section means the release of a
52 hazardous substance.
53 16. "Hazardous substance" means substances which meet the following
54 criteria, including but not limited to those listed in N.Y.C.R.R. §
55 597.2:
S. 1928 4
1 a. because of their quantity, concentration, or physical, chemical or
2 infectious characteristics cause physical injury or illness when improp-
3 erly treated, stored, transported, disposed of, or otherwise managed;
4 b. pose a present or potential hazard to the environment when improp-
5 erly treated, stored, transported, disposed of, or otherwise managed;
6 c. because of their toxicity or concentration within biological
7 chains, present a demonstrated threat to biological life cycles when
8 released into the environment;
9 d. have an oral LD (rat) toxicity of less than fifty milligrams per
10 kilogram; or have an inhalation LC (rat) toxicity of less than two
11 milligrams per liter; or have a dermal LD (rabbit) toxicity of less than
12 two hundred milligrams per kilogram; or
13 e. cause or are capable of causing death, serious illness or serious
14 physical injury to any person or persons as a consequence of release
15 into the environment.
16 17. "Local agency" means any local agency, board, authority, school
17 district, commission or governing body, including any county, city,
18 town, village or other political subdivision of the state.
19 [9.] 18. "Metered" means the physical measurement of gas by means
20 acceptable to the department.
21 [10.] 19. "Oil" means crude petroleum oil and all other hydrocarbons,
22 regardless of gravity, that are produced at the wellhead in liquid form
23 by ordinary production methods and that are not the result of condensa-
24 tion of gas.
25 [11.] 20. "Oil and gas facility" means equipment, improvements, or
26 physical structures, including any oil or gas wells, used or installed
27 at an oil and gas location for the exploration, production, withdrawal,
28 gathering, treatment, or processing of oil or natural gas.
29 21. "Oil and gas location" means a definable area where an operator
30 has disturbed or intends to disturb the land surface in order to locate
31 an oil and gas facility.
32 22. "Oil and gas operations" means exploration for oil and gas,
33 including the conduct of seismic operations and the drilling of test
34 bores; the siting, drilling, deepening, recompletion, reworking, or
35 abandonment of an oil and gas well, underground injection well, or gas
36 storage well; production operations related to any such well including
37 the installation of flowlines and gathering systems; the generation,
38 transportation, storage, treatment, or disposal of exploration and
39 production wastes; and any construction, site preparation, or reclama-
40 tion activities associated with such operations.
41 23. "Operator" means any person who exercises the right to control the
42 conduct of, or who conducts, oil and gas operations.
43 24. "Owner" means the person who has the right to drill into and
44 produce from a pool or a salt deposit and to appropriate the oil, gas or
45 salt he produces either for himself or others, or for himself and
46 others.
47 [12.] 25. "Pit" means any natural or man-made depression in the ground
48 used for the purpose of retaining or storing substances associated with
49 oil and gas operations.
50 26. "Person" means and includes any natural person, corporation, asso-
51 ciation, partnership, receiver, trustee, executor, administrator, guard-
52 ian, fiduciary, or other representative of any kind, and includes any
53 department, agency or instrumentality of the state or any of its govern-
54 mental subdivisions.
55 [13.] 27. "Plug and abandon" means the plugging, replugging if neces-
56 sary, and abandonment of a well bore including the placing of all bridg-
S. 1928 5
1 es, plugs, and fluids therein and the restoration and reclamation of the
2 surface in the immediate vicinity to a reasonable condition consistent
3 with the adjacent terrain.
4 [14.] 28. "Pool" means an underground reservoir containing a common
5 accumulation of oil or gas or both; each zone of a structure which is
6 completely separated from any other zone in the same structure is a
7 pool.
8 [15.] 29. "Potential environmental justice area" means a minority or
9 low-income community that may bear a disproportionate share of the nega-
10 tive environmental consequences resulting from industrial, municipal,
11 and commercial operations or the execution of federal, state, local, and
12 tribal programs and policies.
13 30. "Producer" means the owner of a well or wells capable of producing
14 oil, gas, or salt; or any salt or hydrocarbon mixture.
15 [16.] 31. "Product" means any commodity made from oil or gas and
16 includes refined crude oil, crude tops, topped crude, processed crude,
17 processed crude petroleum, residue from crude petroleum, cracking stock,
18 uncracked fuel oil, fuel oil, treated crude oil, residuum, gas oil,
19 casinghead gasoline, natural-gas gasoline, kerosene, benzine, wash oil,
20 waste oil, blended gasoline, lubricating oil, blends or mixtures of oil
21 with one or more liquid products or by-products derived from oil or gas,
22 and blends or mixtures of two or more liquid products or by-products
23 derived from oil or gas, whether herein enumerated or not.
24 [17.] 32. "Release" means any spilling, leaking, pumping, pouring,
25 emitting, emptying, discharging, escaping, leaching, dumping or
26 discharging into the environment (including the abandonment or discard-
27 ing of barrels, containers, and other closed receptacles).
28 33. "Reservoir" means any underground reservoir, natural or artificial
29 cavern or geologic dome, sand or stratigraphic trap, whether or not
30 previously occupied by or containing oil or gas.
31 [18.] 34. "Salt" means sodium chloride, evaporite or other water solu-
32 ble minerals, either in solution or as a solid or crystalline material
33 in a pure state or as a mixture.
34 [19.] 35. "Site" means the location of any oil and gas operation,
35 including but not limited to wells and well pads, storage facilities,
36 natural gas compressor stations, and centralized impoundments.
37 36. "Solution mining" means the dissolving of an underground salt by
38 water to produce a brine for transport to another underground or surface
39 location for sale, processing or storage.
40 [20.] 37. "Surface water" means any water occurring on the Earth's
41 surface in the form of a stream, river, pond, lake, wetland, ocean,
42 artificial channel or reservoir, or other surface water body.
43 38. "Waste" means
44 a. Physical waste, as that term is generally understood in the oil and
45 gas industry;
46 b. The inefficient, excessive or improper use of, or the unnecessary
47 dissipation of reservoir energy;
48 c. The locating, spacing, drilling, equipping, operating, or producing
49 of any oil or gas well or wells in a manner which causes or tends to
50 cause reduction in the quantity of oil or gas ultimately recoverable
51 from a pool under prudent and proper operations, or which causes or
52 tends to cause unnecessary or excessive surface loss or destruction of
53 oil or gas;
54 d. The inefficient storing of oil or gas; and
55 e. The flaring of gas produced from an oil or condensate well after
56 the department has found that the use of the gas, on terms that are just
S. 1928 6
1 and reasonable, is, or will be economically feasible within a reasonable
2 time.
3 § 4. Section 23-0303 of the environmental conservation law, as amended
4 by chapter 846 of the laws of 1981, is amended to read as follows:
5 § 23-0303. Administration of article.
6 1. Except to the extent that the administration of this article is
7 specifically entrusted to other agencies or officers of the state by its
8 provisions, such administration shall be by the department. Geological
9 services for the department in connection with the administration of
10 this article shall be provided by or in cooperation with the state geol-
11 ogist. Within appropriations therefor the department is authorized to
12 employ such personnel as may be necessary for the administration of this
13 article and may also employ or secure the services of such engineering,
14 technical and other consultants as it may require from time to time.
15 2. The provisions of this article shall supersede all local laws or
16 ordinances relating to the regulation of the oil, gas and solution
17 mining industries; [but shall not supersede local government jurisdic-
18 tion over local roads or the rights of local governments under the real
19 property tax law] provided, however, that nothing in this article shall
20 be construed to prevent any local government from:
21 a. Enacting or enforcing local laws or ordinances of general applica-
22 bility, except that such local laws or ordinances shall not regulate oil
23 and gas operations regulated by state statute or regulation; or
24 b. Enacting or enforcing local laws or ordinances related to the regu-
25 lation and management of local roads, such as ingress and egress to
26 public thoroughfares controlled by the local government; or
27 c. Enacting or enforcing laws pursuant to the rights of local govern-
28 ments under the real property tax law; or
29 d. Enforcing any requirement contained in any oil or gas permit issued
30 by the state; or
31 e. Enacting or enforcing local zoning ordinances or laws that deter-
32 mine permissible uses in zoning districts, including whether oil and gas
33 facilities are permissible within a particular zoning district. Where an
34 oil and gas facility is designated a permissible use in a zoning
35 district and allowed by special use permit, conditions placed on such
36 special use permits shall be limited to the following:
37 i. Requirements and conditions concerning setback from property bound-
38 aries, surface waters, groundwater wells, homes or private residences,
39 churches, schools, and other public facilities, and public thoroughfare
40 rights-of-way;
41 ii. Requirements and conditions concerning natural or man-made barri-
42 ers to restrict access from oil and gas facilities, if required; and
43 iii. Dust, noise, vibration, or light limitations, and regulation of
44 hours of operation.
45 3. Notwithstanding any provision to the contrary, local laws and ordi-
46 nances regulating zoning, including conditions in special use permits
47 that impose setbacks, the requirement of natural or manmade barriers, or
48 limitations on dust, noise, vibration, light, or hours of operation, do
49 not constitute the regulation of oil and gas operations regulated by
50 state statute or regulation.
51 4. In order to facilitate a municipality's ability to exercise its
52 authority under paragraph d of subdivision two of this section, the
53 department shall provide every municipality with a copy of the permit of
54 each well located or permitted to be located within its boundaries.
55 [3.] 5. a. The commissioner shall accept from municipalities requests
56 for funds from the oil and gas fund to reimburse the municipality for
S. 1928 7
1 costs incurred in repairing damages to municipal land or property. Such
2 requests shall include such explanatory material and documentation as
3 the commissioner may require.
4 b. The commissioner and director of the budget, may recommend payment
5 to the municipality to satisfy the request for reimbursement upon find-
6 ing that:
7 (1) The municipality has made a bona fide effort to seek relief and
8 recover its costs from those deemed to be responsible and any other
9 appropriate avenues, but has been unsuccessful;
10 (2) The damage was a direct result of activities regulated under this
11 article and that the amount of funds requested is reasonable in view of
12 such damages; and
13 (3) The costs were incurred after the effective date of this subdivi-
14 sion.
15 § 5. Paragraph d of subdivision 8 of section 23-0305 of the environ-
16 mental conservation law, as amended by chapter 846 of the laws of 1981,
17 is amended to read as follows:
18 d. Require the drilling, casing, operation, plugging and replugging of
19 wells and reclamation of surrounding land in accordance with rules and
20 regulations of the department in such manner as to prevent or remedy
21 [the following] any act resulting in environmental damage, including but
22 not limited to: the escape of oil, gas, brine or water out of one stra-
23 tum into another; the intrusion of water into oil or gas strata other
24 than during enhanced recovery operations; the pollution of fresh water
25 supplies by oil, gas, salt water, drilling fluids, hydraulic fracturing
26 fluids or other contaminants; and blowouts, cavings, seepages and fires.
27 Such rules and regulations shall regulate the type, volume, and concen-
28 tration of additives for the protection of human health and the environ-
29 ment; and such regulations shall prohibit the use of drilling fluids or
30 hydraulic fracturing fluids containing any chemical substance that upon
31 exposure, ingestion, inhalation or assimilation into any organism,
32 either directly from the environment, including from drinking water, or
33 indirectly through food chains, will, on the basis of information avail-
34 able to the department, cause death, disease, behavioral abnormalities,
35 cancer, genetic mutations, endocrine disruption, physiological malfunc-
36 tions, including malfunctions in reproduction, or physical deformations,
37 in such organisms or their offspring, including but not limited to:
38 benzene and any chemical substance that has been identified pursuant to
39 the Federal Toxic Substances Control Act as persistent, bioaccumulative
40 and toxic.
41 § 6. Section 23-0305 of the environmental conservation law is amended
42 by adding a new subdivision 15 to read as follows:
43 15. The department shall promulgate regulations requiring disclosure
44 of chemicals used in oil and gas well drilling and hydraulic fracturing,
45 including but not limited to the following requirements:
46 a. No permit to drill, deepen, plug back, or convert a well shall be
47 issued under this article until the department obtains from the permit
48 applicant a complete list of the chemical constituents of each additive
49 that may be used in drilling or fracturing the well specified in the
50 application;
51 b. Whenever the department or a treating physician or nurse, deter-
52 mines that a medical emergency exists as a result of oil or gas explora-
53 tion, stimulation, or production activities conducted by a well drilling
54 permit holder or its subcontractors and that the disclosure of proprie-
55 tary chemical information, including the identity of any chemical or the
56 formula of any additive used in drilling or hydraulic fracturing of a
S. 1928 8
1 permitted oil or gas well, may be necessary for emergency or first-aid
2 treatment, the well drilling permit holder or any subcontractor in
3 possession or control of the proprietary information shall immediately
4 disclose the proprietary information requested to the department or that
5 treating physician or nurse, regardless of the existence of a written
6 statement of need or a confidentiality agreement. The permit holder or
7 subcontractor may request a written statement of need and a confiden-
8 tiality agreement as soon thereafter as circumstances permit. In the
9 event the permit holder or subcontractor fails to immediately disclose
10 such proprietary information, the department shall make available to a
11 treating physician or nurse all information within its possession relat-
12 ing to the ingredients of any chemical or the formula of any additive
13 used in drilling or hydraulic fracturing utilized in a permitted oil or
14 gas well suspected of causing such emergency;
15 c. Each permit holder shall notify the department of any changes to
16 the chemical constituents used in drilling or fracturing prior to the
17 fluid's use in the drilling or fracturing process.
18 d. The department shall make any disclosures filed under paragraph a
19 or c of this subdivision available to the public and shall post such
20 information on the department's website.
21 § 7. Section 23-0313 of the environmental conservation law is amended
22 by adding four new subdivisions 3, 4, 5 and 6 to read as follows:
23 3. The department shall promulgate regulations requiring:
24 a. Oil and gas well owners or operators to give notice to the depart-
25 ment, local health department and responding emergency agencies, in
26 person or by such means as the department shall specify, immediately
27 after the release of any fuel, hazardous chemical or waste stored at or
28 generated by an oil and gas facility or used in well drilling or hydrau-
29 lic fracturing operations.
30 b. Notice required under paragraph a of this subdivision shall include
31 each of the following (to the extent known at the time of the notice and
32 so long as no delay in responding to the release results):
33 i. The chemical name or identity of any substance involved in the
34 release; and
35 ii. An estimate of the quantity of any such substance that was
36 released into the environment; and
37 iii. The time and duration of the release; and
38 iv. The medium or media into which the release occurred; and
39 v. Any known or anticipated acute or chronic health risks associated
40 with the release and, where appropriate, advice regarding medical atten-
41 tion necessary for exposed individuals; and
42 vi. Proper precautions and remedial actions to take as a result of the
43 release; and
44 vii. The name and telephone number of the person or persons to be
45 contacted for further information.
46 c. As soon as practicable after a release that requires notice under
47 paragraph a of this subdivision, such owner or operator shall provide a
48 written follow-up emergency notice (or notices, as more information
49 becomes available) setting forth and updating the information required
50 under paragraph b of this subdivision, and including:
51 i. Actions taken to respond to and contain the release;
52 ii. Any known or anticipated acute or chronic health risks associated
53 with the release; and
54 iii. Advice regarding medical attention necessary for exposed individ-
55 uals.
S. 1928 9
1 d. The department shall post all chemical spill report information
2 referenced in paragraphs a, b and c of this subdivision on the depart-
3 ment's website.
4 4. The department shall promulgate rules and regulations requiring
5 that owners or operators of wells give written notice to all persons
6 residing within one half mile of any proposed well site two weeks before
7 drilling or hydraulic fracturing operations begin. Owners or operators
8 of wells shall publish a notice in a local newspaper circulating in the
9 area of the proposed well site two weeks before drilling or hydraulic
10 fracturing operations begin. Within two business days of giving notice
11 under this section, a list of recipients and a copy of all notices, with
12 proof of delivery in compliance with this section, shall be submitted to
13 the department for inclusion in the drilling permit file. Copies of all
14 notices shall be publicly available.
15 5. The department shall develop maps of all known oil and gas wells,
16 including active and abandoned wells, in New York using a geographic
17 information system and make those maps system publicly available on the
18 department's website.
19 6. The department shall create and operate an emergency 1-800 tele-
20 phone number for public use in identifying and reporting any oil or
21 natural gas-related incidents to the department.
22 § 8. The environmental conservation law is amended by adding a new
23 section 23-0315 to read as follows:
24 § 23-0315. Best management practices.
25 1. The commissioner shall not permit any owner or operator to commence
26 operations to drill, deepen, plug back or convert a well for explora-
27 tion, production, storage or disposal unless such operations implement
28 best management practices.
29 2. The commissioner shall include all applicable best management prac-
30 tices as conditions of each permit to drill, deepen, plug back or
31 convert a well.
32 3. Every three years, after holding a public hearing with due notice,
33 the commissioner shall publish an inventory of best management practices
34 that may be included as special conditions of permits for natural gas
35 drilling, depending upon site-specific analysis of a proposed well site
36 and available control technologies. Any best management practices that
37 may be applied to all drilling permits shall be promulgated as regu-
38 lations in compliance with the requirements of the state administrative
39 procedure act.
40 § 9. The environmental conservation law is amended by adding a new
41 section 23-0317 to read as follows:
42 § 23-0317. Liability.
43 1. Liable parties. The following persons shall be liable under subdi-
44 vision two of this section:
45 a. the owner of an oil and gas facility or pipeline;
46 b. the operator of an oil and gas facility or pipeline;
47 c. any person who by contract, agreement, or otherwise arranged for
48 the transport of oil or gas, or for the transport, disposal, or treat-
49 ment of a hazardous substance used in oil or gas operations, including
50 hazardous hydraulic fracturing fluid or any hazardous components there-
51 of; and,
52 d. any person who accepts any hazardous substance used in oil and gas
53 operations for recycling, disposal, or treatment.
54 2. Liability. Any liable party mentioned in subdivision one of this
55 section shall be liable for any environmental damage from, or the conse-
56 quences of any hazardous release from, an oil and gas facility, well-
S. 1928 10
1 bore, pipeline, or from any storage or disposal area for oil, gas, or a
2 hazardous substance used in oil or gas operations including:
3 a. all costs of removal or remedial action incurred by the state or
4 any subdivision thereof;
5 b. any other necessary costs of response or mitigation incurred by any
6 other person authorized by the state to respond to the contamination or
7 mitigate the effects thereof;
8 c. damages for injury to, destruction of, or loss of natural
9 resources, including the reasonable costs of assessing such injury,
10 destruction, or loss resulting from such a release; and,
11 d. all direct costs proximately caused by the environmental damage or
12 the consequences of any hazardous release to private parties, including
13 but not limited to damage to property owned by such parties or injury to
14 personal health or welfare.
15 3. Limitation of liability. Nothing in this section should be
16 construed as limiting the liability of any liable party identified in
17 subdivision one of this section as against any private party in a civil
18 action.
19 4. Natural resources liability. a. In the event of an injury to,
20 destruction of, or loss of natural resources under paragraph c of subdi-
21 vision two of this section, liability shall be to the state of New York;
22 provided, however, that no liability to the state of New York shall be
23 imposed under paragraph c of subdivision two of this section, where the
24 party sought to be charged has demonstrated that the damages to natural
25 resources complained of were specifically identified as an irreversible
26 or irretrievable commitment of natural resources in an environmental
27 impact statement, or other comparable environmental analysis, and the
28 decision to grant a permit or license authorizes such commitment of
29 natural resources, and the facility or project was otherwise operating
30 within the terms of its permit or license.
31 b. The commissioner, or another representative authorized by the
32 governor of New York, shall act on behalf of the public as trustee of
33 such natural resources to recover for such damages. Sums recovered by
34 the commissioner as trustee under this subsection shall be retained by
35 the trustee, without further appropriation, for use only to restore,
36 replace, or acquire the equivalent of such natural resources. The meas-
37 ure of damages in any action under paragraph c of subdivision one of
38 this section shall not be limited by the sums which can be used to
39 restore or replace such resources.
40 5. Financial responsibility. a. Any owner or operator of a well or
41 wells must, before commencement of operations, post a liability bond or
42 hold liability insurance coverage for each well owned or operated.
43 b. The liability bond or insurance required by paragraph a of this
44 subdivision shall be in such form as the department by regulation shall
45 require and in such amount as the department shall deem to be reasonably
46 sufficient to correct, repair or remedy to the satisfaction of the
47 department any environmental damage or hazardous discharge resulting
48 from oil or gas exploration or production. However, for wells less than
49 two thousand five hundred feet in depth or length, a minimum of five
50 thousand five hundred dollars per well will be required to satisfy this
51 section and for wells between two thousand five hundred feet and six
52 thousand feet in depth or length, ten thousand five hundred dollars per
53 well will be required. Wells greater than six thousand feet in depth or
54 length and for which hydraulic fracturing fluid shall be used, will
55 require that the operator provide additional financial security of two
56 hundred fifty thousand dollars, provided however the department may
S. 1928 11
1 require an additional bond or financial security in an amount sufficient
2 to cover potential remediation costs associated with contamination of
3 the environment.
4 c. The liability bond or insurance required by paragraph a of this
5 subdivision shall be held for the duration of operations.
6 d. After operations have ceased, any owner or operator of a well or
7 wells shall post a liability bond or hold liability insurance for each
8 well owned or operated.
9 e. The liability bond or insurance required by paragraph d of this
10 subdivision shall be in such form as the department by regulation shall
11 require and in such amount as the department shall deem sufficient to
12 correct, repair, or remedy to the satisfaction of the department any
13 environmental damage or hazardous discharge resulting from movement of
14 any hazardous substance from the plugged or permanently abandoned well.
15 f. The liability bond or insurance required by paragraph d of this
16 subdivision shall be held for one hundred years after the well has been
17 plugged or permanently abandoned.
18 g. Nothing in this section shall affect the requirements of paragraph
19 e of subdivision three of section 23-1101 of this article.
20 6. Definition of natural resources. "Natural resources" as used in
21 this section means land, fish, wildlife, biota, air, water, ground
22 water, drinking water supplies, and other such resources belonging to,
23 managed by, held in trust by, appertaining to, or otherwise controlled
24 by the state of New York.
25 § 10. The environmental conservation law is amended by adding a new
26 section 23-0505 to read as follows:
27 § 23-0505. Oil and gas facility location requirements.
28 1. Minimum setbacks. No oil and gas facility, well-bore, pipeline, or
29 storage or disposal area for oil, gas, or a hazardous substance used in
30 oil or gas operations shall be located within two thousand feet of any
31 surface waters, groundwater well, home or private residence (including a
32 nursing home), school, church, day care facility, or health care facili-
33 ty.
34 2. Subsurface lands. For the purposes of subdivision one of this
35 section, the setbacks applicable to any surface waters, groundwater
36 well, home or private residence (including a nursing home), school,
37 church, day care facility, or health care facility shall also apply to
38 the land directly below those areas, including any subsurface strata.
39 3. Contamination prevention. a. Spills, well leaks, and contaminant
40 flow from targeted formation.
41 (1) The well pad of any oil or gas well located within one-half mile
42 of any surface waters must be surrounded by a protective berm with a
43 water detention capacity of at least twenty-five thousand gallons. The
44 department may require a protective berm to have a detention capacity
45 greater than twenty-five thousand gallons if the department determines
46 it is necessary to protect surface waters from contamination.
47 (2) The department shall require a site-specific analysis of the
48 topography, geology, and hydrogeology of all proposed oil and gas facil-
49 ities or pipelines. This analysis should include identification of all
50 potential pathways and receiving waters for spills from the site to
51 reach surface waters.
52 (3) The department shall require the development of groundwater
53 contour and vertical gradient maps of the geological formation from the
54 target formation to the ground surface prior to approval of any gas
55 drilling permit.
S. 1928 12
1 (4) The department shall promulgate regulations identifying topograph-
2 ical and geologic and hydrogeologic conditions, including but not limit-
3 ed to steep slopes between the well pad and surface waters; proximity to
4 impaired waterways identified by the state of New York pursuant to
5 section 303(d) of the federal Clean Water Act; conditions that would
6 permit sudden spills to reach surface waters before containment is
7 possible; or any other conditions that would increase the risk of
8 surface or groundwater contamination or further degradation that require
9 setbacks larger than those specified in subdivision one of this section
10 or denial of a well drilling permit.
11 (5) As a condition of any permit granted pursuant to section 23-0501
12 of this title for any well subject to setback requirements, the depart-
13 ment shall establish setbacks sufficient to protect human health and the
14 waters of the state.
15 b. Monitoring requirements. (1) All oil or gas wells must be equipped
16 with a monitoring device or devices installed to detect any contaminant
17 movement from the oil or gas well in the direction of any groundwater or
18 groundwater well.
19 (2) The department shall promulgate regulations establishing a moni-
20 toring program to detect any contaminant movement from an oil or gas
21 facility. The regulations shall provide, at a minimum, that:
22 (i) monitoring shall occur no less often than quarterly;
23 (ii) groundwater monitoring shall commence at or near the proposed
24 well site at least three hundred sixty-five days before drilling begins
25 to provide a water quality baseline that accounts for seasonal changes
26 in water quality;
27 (iii) monitoring shall continue for the duration of operations until
28 fifty years after operations have ceased or the oil and gas well has
29 been plugged or permanently abandoned;
30 (iv) the monitoring device or devices used to detect contaminant move-
31 ment shall reflect the best technology available for such monitoring;
32 (v) monitoring shall be conducted for one or more actual constituents
33 of drilling and fracturing fluids used at each proximate site; and
34 (vi) screen lengths, monitoring well density and monitored aquifers
35 shall be based upon a conceptual flow model, developed on the basis of
36 all available or new data, as appropriate, to detect a leak or migration
37 of any contamination so as to maximize the possibility of detection
38 prior to contamination of any drinking water source.
39 § 11. The environmental conservation law is amended by adding a new
40 section 23-0507 to read as follows:
41 § 23-0507. Exclusion areas.
42 1. The department shall identify specific areas with determinable
43 boundaries in which any oil and gas facilities, well-bores, pipelines,
44 or storage or disposal areas for oil, gas, or a hazardous substance used
45 in oil or gas operations will be prohibited. These areas shall include:
46 a. the area around and including the New York city watershed;
47 b. the area around and including any water system that has received,
48 at any point in time, a filtration avoidance determination from the
49 United States Environmental Protection Agency;
50 c. any area overlying a sole source aquifer;
51 d. any other area identified by the department as necessary for the
52 protection of drinking water resources;
53 e. any area identified as a critical habitat for a threatened or
54 endangered species under section four of the federal Endangered Species
55 Act (42 U.S.C. § 1533) or any area identified as a "natural heritage
56 area" under section 11-0539 of this chapter;
S. 1928 13
1 f. any area identified by the department as a bird conservation area
2 or any other critical bird habitat for the protection of migratory or
3 non-migratory birds;
4 g. all floodplains; and,
5 h. all areas within any New York state park, forest preserve, state
6 forest, wildlife refuge, wildlife management area, or wilderness area.
7 2. For any areas identified in paragraph a or b of subdivision one of
8 this section the department shall identify an additional area around the
9 primary drinking water resource in which oil and gas operations shall be
10 prohibited in order to ensure adequate protection of such resource.
11 3. For any areas identified in paragraphs a, b, c, or e of subdivision
12 one of this section the department shall add an additional exclusion
13 buffer of no less than one-half mile in which any oil and gas facili-
14 ties, well-bores, pipelines, or storage or disposal areas for oil, gas,
15 or a hazardous substance used in oil or gas operations will be prohibit-
16 ed.
17 4. All areas identified in subdivision one of this section and the
18 exclusion buffer areas identified in subdivision two of this section
19 shall include all the land located directly below those areas, including
20 all levels of subsurface strata.
21 5. The department may also identify any other exclusion area for the
22 protection of any natural resource as defined in subdivision six of
23 section 23-0317 of this article or for the health, safety, or general
24 welfare of any citizen, resident, or visitor in the state of New York.
25 § 12. The environmental conservation law is amended by adding a new
26 section 23-0509 to read as follows:
27 § 23-0509. Prohibition on waste storage pits or impoundments.
28 Pits and other impoundments, whether or not lined, shall not be used
29 for on-site or off-site collection or storage of any oil or gas explora-
30 tion, stimulation, or production wastes, including but not limited to
31 drilling fluids and cuttings, hydraulic fracturing flowback, produced
32 water, and residual sludges or brines remaining after on-site treatment
33 of oil or gas wastes for reuse or recycling. All oil or gas exploration,
34 stimulation, or production wastes shall be collected and stored and
35 retrievable at all times in closed-loop systems. The department shall
36 promulgate minimum standards for closed-loop systems for oil and gas
37 waste collection, storage, and retrieval.
38 § 13. Section 23-1903 of the environmental conservation law, as
39 amended by section 1 of part R1 of chapter 62 of the laws of 2003, is
40 amended to read as follows:
41 § 23-1903. Imposition of oil, gas and solution mining regulation and
42 reclamation fees.
43 1. When a permit is granted to a person by the department pursuant to
44 section 23-0305 of this article to drill a well or when a person
45 converts a well to one subject to the oil, gas and solution mining law,
46 such person shall pay to the department:
47 a. A one hundred dollar fee to be credited to the oil and gas account
48 established under chapter fifty-eight of the laws of nineteen hundred
49 eighty-two; and
50 b. A fee in accordance with the depth and length drilled or expected
51 to be drilled as set forth below:
52 0- 500ft. - [$ 190] $ 250
53 501- 1000ft. - [$ 380] $ 500
54 1001- 1500ft. - [$ 570] $ 750
55 1501- 2000ft. - [$ 760] $1000
56 2001- 2500ft. - [$ 950] $1250
S. 1928 14
1 2501- 3000ft. - [$1,140] $1500
2 3001- 3500ft. - [$1,330] $1750
3 3501- 4000ft. - [$1,520] $2000
4 4001- 4500ft. - [$1,710] $2250
5 4501- 5000ft. - [$1,900] $2500
6 5001- 5500ft. - [$2,090] $2750
7 5501- 6000ft. - [$2,280] $3000
8 6001- 6500ft. - [$2,470] $3250
9 6501- 7000ft. - [$2,660] $3500
10 7001- 7500ft. - [$2,850] $3750
11 7501- 8000ft. - [$3,040] $4000
12 8001- 8500ft. - [$3,230] $4250
13 8501- 9000ft. - [$3,420] $4500
14 9001- 9500ft. - [$3,610] $4750
15 9501-10,000ft.- [$3,800] $5000
16 over 10,000ft.- [$3,800] $5000 plus [$190] $250 for each incremental
17 500 feet of depth or length over 10,000 feet.
18 A person who has paid the fees described shall not be required to pay
19 any additional fee for a well conversion. The fee for well deepening
20 permits pertaining to wells for which a well drilling permit was issued
21 after August twenty-fifth, nineteen hundred eighty-one, shall be calcu-
22 lated on the basis of the additional depth or length drilled.
23 In the event the actual depth drilled exceeds the depth expected to be
24 drilled, an additional amount shall be paid such that the total fee paid
25 shall be in accordance with the schedule set forth in this paragraph.
26 2. The department shall review the fee schedules set forth in this
27 section prior to September first of each year. The figures will be
28 adjusted up or down annually by the previous twelve month inflation
29 factor. The inflation factor is based upon the United States Department
30 of Labor, Bureau of Labor Statistics data published in the monthly CPI
31 Detailed Report. The data will be taken from the most recent report
32 available on July first of each year and the actual percentage used will
33 be the past year percent change for the U.S. city average, all items,
34 all urban consumers.
35 3. Upon requesting from the department any determination under the
36 Natural Gas Policy Act, such person shall pay a [fifty] one hundred
37 dollar fee per well for each such determination.
38 § 14. Article 23 of the environmental conservation law is amended by
39 adding a new title 29 to read as follows:
40 TITLE 29
41 CITIZEN SUITS
42 Section 23-2901. Actions to enforce laws on pollution, impairment or
43 destruction of environment, or to protect environ-
44 ment; dismissal of frivolous actions.
45 § 23-2901. Actions to enforce laws on pollution, impairment or
46 destruction of environment, or to protect environment;
47 dismissal of frivolous actions.
48 1. Any person may commence a civil action in a court of competent
49 jurisdiction against any other person alleged to be in violation of any
50 statute, regulation or ordinance which is designed to prevent, minimize
51 or control pollution, impairment or destruction of the environment. The
52 action may be for injunctive or other equitable relief to compel compli-
53 ance with a statute, regulation or ordinance, or to assess civil penal-
54 ties for the violation as provided by law. The action may be commenced
55 upon an allegation that a person is in violation, either continuously or
S. 1928 15
1 intermittently, of a statute, regulation or ordinance, and that there is
2 a likelihood that the violation will recur in the future.
3 2. Except in those instances where the conduct complained of consti-
4 tutes a violation of a statute, regulation or ordinance which estab-
5 lishes a more specific standard for the control of pollution, impairment
6 or destruction of the environment, any person may commence a civil
7 action in any court of competent jurisdiction for declaratory and equi-
8 table relief against any other person for the protection of the environ-
9 ment, or the interest of the public therein, from pollution, impairment
10 or destruction occurring in violation, either continuously or intermit-
11 tently, of this article.
12 3. The court may, on the motion of any party, or on its own motion,
13 dismiss any action brought pursuant to this act which on its face
14 appears to be patently frivolous, harassing or wholly lacking in merit.
15 § 15. Article 23 of the environmental conservation law is amended by
16 adding a new title 31 to read as follows:
17 TITLE 31
18 HEALTH IMPACT ASSESSMENT
19 Section 23-3101. Preparation of health impact assessment.
20 § 23-3101. Preparation of health impact assessment.
21 1. No permit shall be issued under section 23-0501 of this article
22 until the department of health has completed the health impact assess-
23 ment described in subdivision two of this section and the department has
24 adopted regulations and implemented any mitigation measures recommended
25 in the health impact assessment. The purpose of a health impact assess-
26 ment is to provide detailed information about the effect oil and gas
27 operations are likely to have on public health, to identify measures
28 that could be implemented to minimize any adverse effects of such oper-
29 ations, and to suggest alternatives to such an action so as to form the
30 basis for a decision whether or not to undertake or approve such activ-
31 ities.
32 2. The department of health shall prepare, or cause to be prepared by
33 contract or otherwise, a comprehensive health impact assessment of oil
34 and gas operations involving any shale formation, including all oper-
35 ations related and incident thereto, which may have an adverse impact on
36 public health.
37 a. Such an assessment shall include a detailed statement setting forth
38 the following:
39 i. a description of the operations;
40 ii. the public health impact of the operations, including short-term
41 and long-term effects;
42 iii. whether an operation occurs in, or disproportionately will impose
43 negative health impacts upon a potential environmental justice area, and
44 if so, the identity of such area;
45 iv. any adverse public health effects that cannot be avoided;
46 v. alternatives to the oil and gas operations generally or alterna-
47 tives to any aspect related or incident thereto which may have an
48 adverse impact on public health;
49 vi. mitigation measures proposed to minimize the public health impact;
50 vii. any such other information consistent with the purposes of this
51 article as may be prescribed in guidelines issued by the commissioner.
52 b. The department of health shall first issue a draft health impact
53 assessment that satisfies the requirements of paragraph a of this subdi-
54 vision. The draft should resemble in form and content the health impact
55 assessment to be prepared after comments have been received and consid-
56 ered.
S. 1928 16
1 3. The draft assessment shall be filed with the department.
2 a. The department and the department of health shall solicit comments
3 from the public and federal, state, regional and local agencies having
4 an interest in the assessment. The comment period shall last no shorter
5 than ninety days.
6 b. The draft assessment shall be posted on the department of health's
7 and the department's websites.
8 4. After the filing of a draft health impact assessment either the
9 department of health or the department shall determine whether or not to
10 conduct a public hearing on the public health impact of the oil and gas
11 operations. If either agency determines to hold such hearing, it shall
12 commence the hearing within sixty days of the filing unless the proposed
13 action is withdrawn from consideration.
14 5. If no hearing is held, the agency shall prepare and make available
15 the final health impact assessment. The final assessment shall include
16 copies or a summary of the substantive comments received by the agency
17 pursuant to subdivision four of this section, and the agency response to
18 such comments.
19 6. The health impact assessment together with all comments, shall be
20 filed with the commissioner, made available to the public, and posted on
21 a publicly-available internet website upon issuance.
22 7. When an agency decides to carry out or approve an action which has
23 been the subject of this health impact assessment, it shall make an
24 explicit finding that the requirements of this section have been met and
25 that to the maximum extent practicable, adverse public health impacts
26 revealed in the health impact assessment process will be minimized or
27 avoided.
28 8. Where the department of health concludes or the health impact
29 assessment indicates that the oil and gas operations, or operations
30 related or incident thereto, occur in, or disproportionately will impose
31 negative health impacts upon a potential environmental justice area, the
32 department of health shall require a site specific health impact assess-
33 ment. That assessment shall conform to the requirements set forth in
34 subdivision two of this section, and the department of health shall make
35 regulations specifying additional requirements which shall apply to site
36 specific assessments. No permit shall be issued under section 23-0501 of
37 this article in any area subject to a site specific health impact
38 assessment until the site specific health impact assessment has been
39 completed and the mitigation measures suggested therein have been
40 adopted. The department of health may require a site specific health
41 impact assessments in any other circumstances it deems advisable.
42 § 16. Article 23 of the environmental conservation law is amended by
43 adding a new title 33 to read as follows:
44 TITLE 33
45 AIR QUALITY MONITORING
46 Section 23-3301. Air quality monitoring.
47 § 23-3301. Air quality monitoring.
48 Within six months of the enactment of this section the department
49 shall:
50 1. Prepare a draft air quality testing and monitoring plan for all
51 areas of current or potential oil and gas operations in New York state.
52 The draft plan shall be subject to public review, including but not
53 limited to notice and a comment period of at least thirty days. The
54 draft and final plan shall incorporate the following minimum provisions:
55 a. Mandatory baseline testing of air quality and air pollutant emis-
56 sions throughout the oil and gas development region of New York state,
S. 1928 17
1 including emissions from both mobile and stationary air contamination
2 sources involved in oil and gas operations, as defined in subdivision
3 five of section 19-0107 of this chapter;
4 b. Deployment of a sufficient number of air quality monitoring devices
5 within the oil and gas development region to ensure prompt detection of
6 any violations of air quality standards;
7 c. Delineation of oil and gas development subregions within New York
8 state, based on the airsheds for each regulated pollutant emitted by oil
9 and gas facilities; preparation of cumulative impact analyses of air
10 emissions in each subregion, including emissions from all natural gas
11 compressor stations; and development of standards and regulatory proce-
12 dures for control of compressor station emissions;
13 d. Development of procedures and a schedule for the regular monitoring
14 and reporting of air quality and air pollutant density within each of
15 the subregions;
16 e. Mandatory posting of such reports on the department's website;
17 f. Establishment of procedures for appropriate responses, including
18 emergency responses, to violations of air quality standards.
19 2. In the final air quality testing and monitoring plan, the depart-
20 ment shall respond to all substantive comments timely submitted on the
21 draft plan.
22 3. No permit shall be issued under section 23-0501 of this article
23 until thirty days after notice of the final plan is published in the
24 Environmental Notice Bulletin.
25 4. No permit shall be issued under section 23-0501 of this article, if
26 air emissions from the permitted operation would cause or contribute to
27 a violation of any air quality standard.
28 § 17. Section 27-0903 of the environmental conservation law is amended
29 by adding a new subdivision 4 to read as follows:
30 4. Uniform treatment of waste. Notwithstanding any other law or regu-
31 lation to the contrary, all waste resulting from the exploration, devel-
32 opment, extraction or production of crude oil or natural gas, including
33 but not limited to drilling fluids and produced waters, shall be consid-
34 ered hazardous waste under the law of this state and subject to all
35 pertinent generation, transportation, treatment, storage, and disposal
36 laws and regulations, if such waste meets the definition of hazardous
37 waste set forth in subdivision three of section 27-0901 of this chapter.
38 Within six months from the effective date of this subdivision, the
39 department shall make all necessary changes to bring its regulations
40 into compliance with this section.
41 § 18. The opening paragraph of paragraph f of subdivision 1 and
42 subdivision 6 of section 15-1503 of the environmental conservation law,
43 the opening paragraph of paragraph f of subdivision 1 as amended and
44 subdivision 6 as added by chapter 401 of the laws of 2011, are amended
45 to read as follows:
46 a description of the applicant's proposed near term and long range
47 water conservation program that [incorporates] must comply with environ-
48 mentally sound and economically feasible water conservation measures,
49 including implementation and enforcement procedures, effectiveness to
50 date and any planned modifications for the future. For a public water
51 supply system, the water conservation program may include but need not
52 be limited to:
53 6. A new permit for a water withdrawal system and any subsequent
54 renewal thereof shall be valid for a period of time not to exceed [ten]
55 five years from the date of issuance. A new permit or permit modifica-
S. 1928 18
1 tion must be obtained from the department prior to any transfer or
2 change of ownership of a water withdrawal system.
3 § 19. The environmental conservation law is amended by adding a new
4 section 15-1531 to read as follows:
5 § 15-1531. Reporting.
6 The commissioner shall, within two years of the effective date of this
7 section, and thereafter as often as the commissioner deems appropriate,
8 report to the governor and the legislature on the implementation of this
9 title. The report may include but need not be limited to recommendations
10 for modifications to this title, including but not limited to modifica-
11 tions to the threshold volume provided in this title for particular
12 water sources, watersheds, water bodies or regions, where the department
13 has determined that such water sources, watersheds, water bodies or
14 regions are in need of special protection because of the nature or
15 volume of demands made upon them and a modification is necessary to
16 protect the public health, safety and welfare.
17 § 20. Article 15 of the environmental conservation law is amended by
18 adding a new title 35 to read as follows:
19 TITLE 35
20 WATER USE STANDARDS
21 Section 15-3501. Water use standards.
22 § 15-3501. Water use standards.
23 The department shall adopt rules establishing water use standards for
24 maintaining in-stream flows that are protective of aquatic life and
25 other uses and that establish criteria for designating watersheds most
26 at risk from cumulative water use. Standards adopted under this section
27 must be based on the natural variation of flows and water levels, allow-
28 ing for variances if use will still be protective of water quality with-
29 in that classification.
30 § 21. Article 72 of the environmental conservation law is amended by
31 adding a new title 8 to read as follows:
32 TITLE 8
33 WATER SUPPLY PERMIT PROGRAM FEES
34 Section 72-0801. Definitions.
35 72-0802. Water supply permit program fees.
36 § 72-0801. Definitions.
37 When used in this title:
38 1. "Agricultural purpose" shall mean the practice of farming for
39 crops, plants, vines and trees; and the keeping, grazing, or feeding of
40 livestock for sale of livestock or livestock products.
41 2. "Public water supply purpose" shall mean water use by a public
42 water supply system.
43 3. "Water supply permit program" means those activities of the depart-
44 ment as specified in title fifteen of article fifteen of this chapter
45 related to the withdrawal of waters of the state and any related
46 enforcement activities.
47 § 72-0802. Water supply permit program fees.
48 1. Except as otherwise provided in this title, all persons, except a
49 political subdivision of the state, or an agency, department, bureau,
50 public authority of the state, or persons making withdrawals for an
51 agricultural purpose who are to obtain a permit pursuant to the water
52 supply permit program shall submit annually to the department a fee, for
53 each water withdrawal system, in an amount to be determined as follows:
54 a. fifty dollars for a water withdrawal system with a capacity of less
55 than one million gallons per day, used primarily for public water supply
56 purposes;
S. 1928 19
1 b. one hundred twenty-five dollars for a water withdrawal system with
2 a capacity of between one million and nine million nine hundred ninety-
3 nine thousand nine hundred ninety-nine gallons per day, used primarily
4 for public water supply purposes;
5 c. two hundred fifty dollars for a water withdrawal system with a
6 capacity of ten million gallons per day or more, used primarily for
7 public water supply purposes;
8 d. two hundred fifty dollars for a water withdrawal system with a
9 capacity of between fifty thousand and ninety-nine thousand nine hundred
10 ninety-nine gallons per day, for any and all uses which are not primari-
11 ly for agricultural or public water supply purposes;
12 e. five hundred fifty dollars for a water withdrawal system with a
13 capacity of between one hundred thousand and one hundred thousand nine
14 hundred ninety-nine gallons per day, for any and all uses which are not
15 primarily for agricultural or public water supply purposes;
16 f. one thousand dollars for a water withdrawal system with a capacity
17 of between two hundred fifty thousand gallons and four hundred ninety-
18 nine thousand nine hundred ninety-nine gallons per day, for any and all
19 uses which are not primarily for agricultural or public water supply
20 purposes;
21 g. two thousand five hundred dollars for a water withdrawal system
22 with a capacity of between five hundred thousand gallons and nine
23 hundred ninety-nine thousand nine hundred ninety-nine gallons per day,
24 for any and all uses which are not primarily for agricultural or public
25 water supply purposes;
26 h. five thousand dollars for a water withdrawal system with a capacity
27 of between one million and nine million nine hundred ninety-nine thou-
28 sand nine hundred ninety-nine gallons per day, for any and all uses
29 which are not primarily for agricultural or public water supply
30 purposes;
31 i. seven thousand five hundred dollars for a water withdrawal system
32 with a capacity of between ten million and forty-nine million nine
33 hundred ninety-nine thousand nine hundred ninety-nine gallons per day,
34 for any and all uses which are not primarily for agricultural or public
35 water supply purposes;
36 j. ten thousand dollars for a water withdrawal system with a capacity
37 of fifty million gallons per day or more, for any and all uses which are
38 not primarily for agricultural or public water supply purposes.
39 2. For the purpose of determining the appropriate fee required by
40 subdivision one of this section, the amount of reclaimed wastewater,
41 which a person withdraws for reuse, shall not be included in the total
42 capacity of the water withdrawal.
43 3. All fees collected pursuant to this article shall be paid into the
44 environmental conservation special revenue fund to the credit of the
45 environmental regulatory account.
46 § 22. This act shall take effect immediately; provided that section
47 twenty of this act shall take effect upon the completion of rule-making
48 required in subdivision 2 of section 15-1501 of the environmental
49 conservation law and provided that the commissioner of the department of
50 environmental conservation shall notify the legislative bill drafting
51 commission upon the occurrence of the enactment of the rules required
52 under subdivision 2 of section 15-1501 of the environmental conservation
53 law in order that the commission may maintain an accurate and timely
54 effective data base of the official text of the laws of the state of New
55 York in furtherance of effectuating the provisions of section 44 of the
56 legislative law and section 70-b of the public officers law.
