Bill S2558-2011

Relates to the powers and duties of the commissioner and the department of environmental conservation relating to the pollution of fresh water supplies

Relates to the powers and duties of the commissioner and the department of environmental conservation relating to the pollution of fresh water supplies by oil, gas, salt water or other contaminants, and to how the rules and regulations shall also apply equally to all wells in the state.

Details

Actions

  • Jan 4, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
  • Jan 25, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

Memo

BILL NUMBER:S2558

TITLE OF BILL: An act to amend the environmental conservation law, in relation to the powers and duties of the commissioner and the department of environmental conservation relating to the pollution of fresh water supplies

PURPOSE OR GENERAL IDEA OF BILL: To ensure that all fresh water sources throughout the state receive the same level of protection with respect to drilling for oil and natural gas.

SUMMARY OF SPECIFIC PROVISIONS: Paragraph d of subdivision 8 and paragraph b of subdivision of section 23-0305 of the environmental conservation law, as amended by chapter 846 of the laws of 1981, are amended to mandate, that rules and regulations promulgated by the DEC to prevent or remedy the pollution of fresh water supplies by oil, gas, saltwater or other contaminants apply equally to all wells in New York.

JUSTIFICATION: This bill will ensure that all New York residents have the same level of protection against contamination to their water supplies posed by drilling in the Marcellus Shale formation.

PRIOR LEGISLATIVE HISTORY: A.11494 of 2010

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 2558 2011-2012 Regular Sessions IN SENATE January 25, 2011 ___________
Introduced by Sen. SEWARD -- 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 the powers and duties of the commissioner and the department of environ- mental conservation relating to the pollution of fresh water supplies THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph d of subdivision 8 and paragraph b of subdivision 9 of section 23-0305 of the environmental conservation law, as amended by chapter 846 of the laws of 1981, are amended to read as follows: d. Require the drilling, casing, operation, plugging and replugging of wells and reclamation of surrounding land in accordance with rules and regulations of the department in such manner as to prevent or remedy the following, including but not limited to: the escape of oil, gas, brine or water out of one stratum into another; the intrusion of water into oil or gas strata other than during enhanced recovery operations; the pollution of fresh water supplies by oil, gas, salt water or other contaminants; and blowouts, cavings, seepages and fires. THE RULES AND REGULATIONS PROMULGATED BY THE DEPARTMENT TO PREVENT OR REMEDY THE POLLUTION OF FRESH WATER SUPPLIES BY OIL, GAS, SALT WATER OR OTHER CONTAMINANTS SHALL APPLY EQUALLY TO ALL WELLS IN THE STATE. b. Require the drilling, casing, operation and plugging of wells in accordance with rules and regulations of the department in such a manner as to prevent the loss or escape of oil or gas reserves to the surface or to other strata; the intrusion of brine or water into commercial oil or gas reserves; the pollution of fresh water supplies by oil, gas or salt water, and to facilitate the efficient use of ground and surface waters in solution mining. THE RULES AND REGULATIONS PROMULGATED BY THE DEPARTMENT TO PREVENT OR REMEDY THE POLLUTION OF FRESH WATER SUPPLIES BY OIL, GAS, SALT WATER OR OTHER CONTAMINANTS SHALL APPLY EQUALLY TO ALL WELLS IN THE STATE. S 2. This act shall take effect immediately.

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