S2558-2011 Actions

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

S2558-2011 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.

S2558-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2558
 2011-2012 Regular Sessions
 I N  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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07759-01-1

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