New York State Assembly

 
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A10608 Summary:

A10608 Actions:

A10608 Committee Votes:

Committee:ENVIRONMENTAL CONSERVATION   Chair:Englebright      
DATE:05/15/2018AYE/NAY:26/0  Action: Favorable refer to committee Codes        
Englebright
Aye
Stec
Aye
Glick
Aye
Butler
Aye
Colton
Aye
Raia
Aye
Cymbrowitz
Aye
Palumbo
Aye
Lifton
Excused
Miller ML
Aye
O'Donnell
Excused
Miller B 
Aye
Peoples-Stokes
Aye
Garbarino
Aye
Gunther
Aye
Walter
Aye
Jaffee
Aye
Titone
Aye
Crespo
Aye
Thiele
Aye
Abinanti
Aye
Ryan
Absent
Fahy
Aye
Rozic
Aye
Otis
Aye
Williams
Absent
Barrett
Aye
D'Urso
Aye
Carroll
Aye
Pellegrino
Aye

Committee:CODES   Chair:Lentol      
DATE:05/31/2018AYE/NAY:19/0  Action: Favorable refer to committee Ways and Means        
Lentol
Aye
Curran
Aye
Schimminger
Aye
Giglio
Aye
Pretlow
Aye
Montesano
Aye
Cook
Excused
Morinello
Aye
Cymbrowitz
Aye
Palumbo
Aye
Titus
Aye
Garbarino
Excused
O'Donnell
Aye
Lavine
Aye
Perry
Excused
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:06/07/2018AYE/NAY:30/2  Action: Favorable refer to committee Rules        
Weinstein
Aye
Oaks
Nay
Lentol
Aye
Crouch
Aye
Schimminger
Aye
Barclay
Nay
Gantt
Excused
Fitzpatrick
Aye
Glick
Aye
Hawley
Aye
Nolan
Aye
Malliotakis
Aye
Pretlow
Aye
Walter
Aye
Perry
Aye
Montesano
Aye
Colton
Aye
Curran
Aye
Cook
Aye
Ra
Aye
Cahill
Aye
Aubry
Aye
Hooper
Aye
Thiele
Aye
Cusick
Aye
Ortiz
Aye
Benedetto
Aye
Weprin
Excused
Rodriguez
Aye
Ramos
Aye
Braunstein
Aye
McDonald
Excused
Rozic
Aye
Peoples-Stokes
Aye
Simotas
Aye

Committee:RULES   Chair:Heastie      
DATE:06/11/2018AYE/NAY:29/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Oaks
Aye
Lentol
Aye
Butler
Aye
Gantt
Excused
Crouch
Aye
Nolan
Excused
Finch
Aye
Weinstein
Aye
Barclay
Aye
Hooper
Aye
Raia
Aye
Ortiz
Aye
Hawley
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Galef
Aye
Paulin
Aye
Titus
Aye
Peoples-Stokes
Aye
Benedetto
Aye

A10608 Floor Votes:

A10608 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10608
 
                   IN ASSEMBLY
 
                                       May 9, 2018
                                       ___________
 
        Introduced  by  M. of A. ENGLEBRIGHT, D'URSO, PELLEGRINO, THIELE, STERN,
          JEAN-PIERRE, LAVINE, RAMOS, GLICK, CYMBROWITZ, COLTON, LIFTON, ABINAN-
          TI, FAHY,  SIMON,  SANTABARBARA,  ZEBROWSKI,  SKOUFIS,  JAFFEE,  RYAN,
          O'DONNELL,  TITONE,  WOERNER, CARROLL, RAIA, MURRAY -- Multi-Sponsored
          by -- M. of A.  BRONSON, DE LA ROSA, GUNTHER, SOLAGES --  (at  request
          of  the  Governor) -- read once and referred to the Committee on Envi-
          ronmental Conservation
 
        AN ACT to amend the environmental conservation law,  the  transportation
          corporations  law,  and the navigation law, in relation to infrastruc-
          ture and vessels associated with the production of oil or natural  gas
          in federal waters
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraphs a and b of subdivision 1 of section  23-1101  of
     2  the  environmental conservation law, as added by chapter 722 of the laws
     3  of 1977, are amended to read as follows:
     4    a. The exploration, development and production of gas  in  state-owned
     5  lands,  except  state  park  lands,  the  marine and coastal district as
     6  defined in section 13-0103 of this chapter,  and  the  lands  under  the
     7  waters of Lake Ontario or along its shoreline; and
     8    b.  The  exploration, development and production of oil in state-owned
     9  lands, except state park lands,  the  marine  and  coastal  district  as
    10  defined  in  section  13-0103  of  this chapter, and the lands under the
    11  waters of Lake Erie and Lake Ontario or along their shorelines.
    12    § 2. The environmental conservation law is amended  by  adding  a  new
    13  section 23-1105 to read as follows:
    14  § 23-1105. Prohibition  on  state  authorizations  related  to  oil  and
    15               natural gas production in federal waters.
    16    1. Neither the department nor the office  of  general  services  shall
    17  enter  into  any  new  lease or other conveyance, or lease modification,
    18  that authorizes or enables the  installation  of  pipelines  or  support
    19  facilities  or  infrastructure  directly  or  indirectly associated with
    20  exploration, development or production of oil or natural gas located  in
    21  the north Atlantic planning area.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12061-01-8
        A. 10608                            2
 
     1    2.  For  the  purposes of this section, the following terms shall have
     2  the following meanings:
     3    a.  "Development"  means  those  activities taking place following the
     4  discovery of commercially producible quantities of oil or  natural  gas,
     5  including,  platform  construction, pipeline construction, and operation
     6  of all onshore support facilities that are performed for the purposes of
     7  ultimately producing oil or natural gas.
     8    b. "Exploration" means any activity associated with the search of  oil
     9  or  natural  gas, including geophysical tests or the drilling of strati-
    10  graphic wells.
    11    c. "Federal waters" means  those  waters  and  submerged  lands  lying
    12  seaward  to  the  state  waters of New York that appertain to the United
    13  States and are subject to federal jurisdiction and control.
    14    d. "North Atlantic planning area" means an area of federal  waters  in
    15  the  outer  continental  shelf totaling ninety-two million three hundred
    16  twenty thousand acres adjacent to the coastal waters of Maine, New Hamp-
    17  shire, Massachusetts, Rhode  Island,  Connecticut,  New  York,  and  New
    18  Jersey.
    19    e.  "Production"  means those activities that take place following the
    20  successful completion of a well or field necessary for  the  removal  of
    21  oil  or natural gas including field operations, transfer of resources to
    22  shore, operation, monitoring, maintenance, and workover drilling.
    23    3. The department is authorized to  establish  such  rules  and  regu-
    24  lations as it shall deem necessary to implement this section.
    25    §  3.  Section 80 of the transportation corporations law is amended to
    26  read as follows:
    27    § 80. [Definition] Definitions.   1. A  pipe  line  corporation  is  a
    28  corporation  organized  to  construct and operate for public use, wholly
    29  within or partly without this state, except in the  city  of  New  York,
    30  lines  of  pipe  for  conveying  or transporting therein petroleum, gas,
    31  liquids or any products or property, or, except in such city,  to  main-
    32  tain  and  operate  for public use for which such purposes lines of pipe
    33  already constructed.
    34    2. For the purposes of this article, the terms "exploration",  "devel-
    35  opment",  "production",  "federal  waters", and "north Atlantic planning
    36  area" shall be defined  as  in  section  23-1105  of  the  environmental
    37  conservation law.
    38    §  4.  Section 83 of the transportation corporations law is amended to
    39  read as follows:
    40    § 83. Condemnation of real  property.  In  case  such  corporation  is
    41  unable  to  agree for the purchase of any real property required for the
    42  purposes of its incorporation, and its route in the county in which such
    43  real property is situated has been finally located, it  shall  have  the
    44  right  to  acquire  title  thereto by condemnation, but such corporation
    45  shall not locate its route or construct any  line  of  pipe  through  or
    46  under  any  building,  dooryard,  lawn, garden or orchard, except by the
    47  consent of the owner thereof in writing duly acknowledged,  nor  through
    48  any cemetery or burial ground, nor within one hundred feet of any build-
    49  ing  except  where such line is authorized by public officers to be laid
    50  across or upon any public highway, and shall not install pipelines  that
    51  support facilities or infrastructure associated with exploration, devel-
    52  opment, or production of oil or natural gas in federal waters located in
    53  the  north  Atlantic  planning  area.   No such corporation shall lay or
    54  construct its line of pipe through or under a street in any city, unless
    55  it shall first obtain the consent of a majority of the owners of proper-
        A. 10608                            3
 
     1  ty abutting on that portion of the street in which its pipe line  is  to
     2  be laid. Such pipe line shall be laid with reasonable care and prudence.
     3    §  5. Section 89 of the transportation corporations law, as amended by
     4  chapter 60 of the laws of 1962, is amended to read as follows:
     5    § 89. Over state lands. The commissioner  of  general  services  shall
     6  have  power to grant to any pipe line corporation any lands belonging to
     7  the people of this state which may be required for the purposes  of  its
     8  incorporation  on  such  terms as may be agreed, or such corporation may
     9  acquire title thereto by condemnation, except that  no  corporation  may
    10  condemn  any  lands for the purposes of the installation of pipelines or
    11  support facilities or infrastructure associated with exploration, devel-
    12  opment, or production of oil or natural gas in the north Atlantic  plan-
    13  ning  area,  and  further  excepting  that  no pipe line corporation may
    14  condemn any canal lands abandoned pursuant to the provisions of  article
    15  four of the public lands law[, constituting chapter fifty of the laws of
    16  nineteen  hundred nine, as amended,] until after they have been sold and
    17  conveyed in the manner provided by the public lands law.  If  any  lands
    18  owned  by  any  county, city or town be required by such corporation for
    19  such purposes, the county, city or town officers having charge  of  such
    20  lands  may  grant  them  to  the corporation upon terms and compensation
    21  agreed upon.
    22    § 6. Section 70 of the navigation law  is  amended  by  adding  a  new
    23  subdivision 3 to read as follows:
    24    3.  No petroleum-bearing vessel transporting crude oil produced in the
    25  north Atlantic planning area may enter or move upon the navigable waters
    26  of the state or any tidewaters bordering on or lying within the  bounda-
    27  ries  of  Nassau and Suffolk counties. For purposes of this subdivision,
    28  "north Atlantic planning area" shall be defined as in section 23-1105 of
    29  the environmental conservation law.
    30    § 7. Section 174 of the navigation law is  amended  by  adding  a  new
    31  subdivision 12 to read as follows:
    32    12.  (a)  The  department  is  prohibited from issuing or renewing any
    33  license  for  any  major  facility  storing  or  transferring  petroleum
    34  produced  in the navigable waters of the state or any tidewaters border-
    35  ing on and lying within the boundaries of Nassau and Suffolk counties.
    36    (b) The department is prohibited from issuing or renewing any  license
    37  for  any major facility intended to transfer or store crude oil from any
    38  vessel which holds petroleum transported  directly  from  any  pipeline,
    39  support  facility,  or  infrastructure associated with the production of
    40  crude oil from the north Atlantic planning area. For  purposes  of  this
    41  subdivision,  "development",  "federal waters", "north Atlantic planning
    42  area" and "production" shall be defined as in  section  23-1105  of  the
    43  environmental conservation law.
    44    §  8.  Severability clause. If any clause, sentence, paragraph, subdi-
    45  vision, section or part of this act shall be adjudged by  any  court  of
    46  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    47  impair, or invalidate the remainder thereof, but shall  be  confined  in
    48  its  operation  to the clause, sentence, paragraph, subdivision, section
    49  or part thereof directly involved  in  the  controversy  in  which  such
    50  judgement  shall  have been rendered. It is hereby declared to be in the
    51  intent of the legislature that this act would have been enacted even  if
    52  such invalid provisions had not been included herein.
    53    § 9. This act shall take effect immediately.