Relates to natural gas development using hydraulic fracturing; enacts provisions to ensure natural gas development practices will be sustainable and safe.
Sponsor: AVELLA / Co-sponsor(s): ADDABBO, CARLUCCI, ESPAILLAT, KRUEGER, MONTGOMERY, RIVERA, SERRANO / Committee: ENVIRONMENTAL CONSERVATION
Law Section: Environmental Conservation Law / Law: Rpld Art 15 Title 33, amd En Con L, generally
Sponsor: AVELLA / Co-sponsor(s): ADDABBO, CARLUCCI, ESPAILLAT, KRUEGER, MONTGOMERY, RIVERA, SERRANO / Committee: ENVIRONMENTAL CONSERVATION
Law Section: Environmental Conservation Law / Law: Rpld Art 15 Title 33, amd En Con L, generally
- Jan 17, 2012: PRINT NUMBER 2697A
- Jan 17, 2012: AMEND (T) AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
- Jan 4, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
- Jan 28, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION
BILL NUMBER:S2697 TITLE OF BILL: An act to amend the environmental conservation law, in relation to natural gas development using hydraulic fracturing and to repeal certain provisions of such law relating thereto PURPOSE OR GENERAL IDEA OF THE BILL: The purpose of this legislation is to provide for greater regulation of oil and natural gas operations. SUMMARY OF PROVISIONS: Section one contains the legislative intent of the bill. Section two relates to wastewater treatment facilities, directing the Commissioner of the DEC to, after a public hearing, promulgate regulations establishing a standard of performance for the control of the discharge of pollutants from facilities. Section three defines terms as used, in the Article, including: air pollutant, best management practices, closed loop systems consequences of hazardous discharge, environmental damage, fund, groundwater, groundwater well, hazardous release, hazardous substance, oil and gas facility, oil and gas location, oil and gas operations, operator, pit, potential environmental justice area, release, site, and surface water. Section four relates to local powers, and clarifies the extent to which local law will and will not be superseded by state law. Local jurisdiction is explicitly allowed over roads, real property taxes, enforcement of permits, zoning and ordinances, setback requirements, natural or man made barriers restricting access to oil and gas facilities, dust/noise/vibration/light limitations, and hours of operation. Section five broadens the scope of the DEC's regulatory ability to prevent environmental damage, and adds hydraulic fracturing fluids and drilling fluids to the list of contaminants in ECL. The section prohibits hydraulic fracturing fluids that contain any chemical substance that harms human health. Section six requires the disclosure of the composition of drilling and hydraulic fracturing fluids as a condition of receiving a drilling permit. The section also requires the disclosure of the composition of these fluids to healthcare professionals responding to a medical emergency. This section requires permit holders to notify the department of any changes to the chemical constituents used in drilling and fracturing, and provides for public notification on the DEC's Website. Section seven requires oil and gas well owners and operators to notify the DEC, local health department and responding emergency agencies immediately after the release of any fuel, hazardous chemical or waste generated, stored or used at the facility. Subsequently, the owner or operator shall submit a follow-up notice detailing remediation places and public health implications. The owner or operator will also notify the public. DEC will develop and make public maps of all oil and gas wells in the State, and set up a hotline for reporting oil and gas incidents to the department. Section eight requires the adoption of best management practices, set by the Commissioner after public hearings every three years, to be a condition of approval for a drilling permit. Section nine delineates liability, liable parties, limitations of liability, natural resource liability, and financial responsibility. This section also addresses bonding requirements. Section ten relates to location and setback requirements. Section 11 sets exclusion areas, including in and around the New York City watershed, aquifers, critical habitats, and state parks. Section 12 prohibits waste storage pits and other impoundments. Section 13 adjusts drilling permit fees and sets up an adjustment mechanism to account for inflation. Section 14 adds a new article to ECL allowing for citizen suits to enforce laws on pollution; impairment or destruction of environment, to protect the environment. Section 15 requires the Department of Health to a conducted Health Impact Assessment. The Health Impact Assessment will identify measures that minimize adverse impacts on human health. This section also directs the Department of Health to conduct a comprehensive Health Impact Assessment of oil and natural has operations involving any shale formation which may have an adverse impact on human health. This section also requires a site-specific health impact assessment whenever oil and gas operations may pose negative health impacts upon a potential environmental justice area. Section 16 adds a new article to ECL regarding air quality monitoring, and the establishment of an air quality testing and monitoring plan, requiring testing of air quality at every stage of oil and gas development and public posting of air monitoring results. No permit shall be issued until 30 days after notice of the final plan is published in the Environmental Notice Bulletin, or if air emissions from the permitted operations violate air quality standards. Section 17 considers all waste resulting from the exploration, development, extraction, or production of crude oil or natural gas as hazardous waste. Section 18 relates to water withdrawal and water withdrawal permits. This section also includes a water conservation and efficiency program with the goals of ensuring the improvement of the waters and natural resources, protecting the ecosystem, retaining the quality of surface and groundwater, and promoting the efficient use of water. Section 19 defines certain terms used in ECL, including: compact basin commission, interbasin diversion, person, potable, public water supply system, threshold volume, environmentally sound and economically feasible water conservation measures, water withdrawal system, and withdrawal or withdrawal of water. Section 20 relates to water supply permits. The section allows the issuance of a water withdrawal permit only if the proposed permitted activity results in no significant individual or cumulative adverse impact to the quantity or quality of the waters and water dependent natural resources. Section 21 requires that any interbasin diversions of water in excess of one million gallons per day be registered with the Department, and prohibits such diversion if it imperils water quantity. of source subregional drainage basin. Section 22 further relates to water supply and public water systems. Section 23 relates to water withdrawal systems. Requires the construction of any new or withdrawal system to be supervised by Professional Engineer. Section 24 requires a report to the Governor and Legislature by the Commissioner of the DEC within two years of the effective date of this section. Section 25 repeals title 33 of article 15 of the ECL relating to water withdrawal reporting. This is replaced by provisions of this bill in ECL. Section 26 adds a new title to ECL setting water use standards. Such standards will maintain in-stream water flows, protect aquatic life, and designate at risk watersheds. Section 27 increases penalties for violations of ECL. Section 28 adds a new article to ECL setting water supply permit program fees. Section 29 contains the effective date. JUSTIFICATION: New York is home to rich natural gas reserves. In 2006, there were 6,213 active natural gas wells that generated a state record of 55.3 billion cubic feet of natural gas. The Marcellus formation that extends from the Southern Tier into Ohio, Pennsylvania and West Virginia is estimated to have $1 trillion worth of natural gas, and is largely untapped. The rising price of natural gas has led to an increased demand for, new sources and made formations like the Marcellus even more attractive. The extraction of these reserves is accompanied by considerable risk to the environment. In order to fully examine this risk, the Assembly Environmental Conservation Committee has held a series of hearings to examine the environmental protections needed in the Department of Environmental Conservation's (DEC) natural gas and oil drilling regulatory structure in order to safeguard natural resources. In the course of these hearings, much expert testimony was presented on necessary steps to ensure the safety of New York's precious water resources. This legislation draws from the suggestions presented at these public hearings. By making public health and the environment the primary factor in permitting drilling operations, the bill ensures that generations of New Yorkers can continue to enjoy our natural resources. LEGISLATIVE HISTORY: 2010: A.11347 (Sweeney) Assembly Environmental Conservation FISCAL IMPLICATIONS: Yet to be determined. EFFECTIVE DATE: This act shall take effect immediately, provided, however, that section twenty-five of this act shall take effect upon the completion of rule-making required in subdivision three of section 15-1501 of the Environmental Conservation Law and provided that the Commission of the Department of Environmental Conservation shall notify the Legislative Bill Drafting Commission upon the occurrence of the enactment of the rules required under subdivision three of section 15-0501 of the Environmental Conservation Law in order that the Commission may maintain an accurate and timely effective date base of the official text of the laws of the State of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the Public Officers Law.
S T A T E O F N E W Y O R K
2697 2011-2012 Regular Sessions I N SENATE January 28, 2011
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 and to repeal certain provisions of such law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative declarations and purpose. 1. The legislature recognizes that the expansion of natural gas development in the state of New York using hydraulic fracturing poses unique threats to human health and to the environment. The legislature further recognizes that New York's current laws are inadequate to protect against these threats. 2. As natural gas development expands, it is the highest priority of this state to protect human health as well as to ensure the safety of irreplaceable natural assets such as safe drinking water, clean air, wildlife, and the aesthetic beauty of the state. 3. Hydraulic fracturing utilizes components that are often toxic, that are non-biodegradable, and that are virtually impossible to remove once they enter the natural environment. Many of these hazardous chemicals are known carcinogens and others can cause other life threatening illnesses. Drinking water contamination from hydraulic fracturing can lead to exposure to endocrine disrupting agents and to other chemicals that can cause kidney, liver, heart, blood, brain damage and other hazardous health effects. 4. Hydraulic fracturing operations withdraw millions of gallons of water from the ground and surface waters of the state, which are a precious, finite and invaluable resource, upon which there is likely to be an ever-increasing demand for present, new and competing uses. The withdrawal of ground and surface waters of the state should be regulated in a manner that benefits the people of the state and is compatible with EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02942-01-1
S. 2697 2 long-range water resource planning and with managing such waters in the public trust for the benefit of all New Yorkers. 5. Hydraulic fracturing operations result in wastewater that returns to the surface laden with salt, heavy metals, other chemicals and radio active elements. In other states, this wastewater is often stored in open pits until transported for ultimate disposal. Chemicals evaporate from these open pits, contributing to air pollution. Leaks and spills of chemicals from the trucks and waste pits may cause contamination of surface waters. Fracturing fluid left underground could migrate or seep through fractures in underground formations, cracks in well-bore casings, through abandoned wells, or otherwise to pollute groundwater. Given the increased prevalence of natural gas drilling in the state, these negative effects may increase if the process of natural gas extraction is not carefully and thoughtfully regulated. 6. One of the chief environmental and infrastructure assets of the state of New York is its drinking water systems, which play a fundamen tal role in the economic productivity and public health of the state. The policy of the state with respect to the management of shale gas extraction must be one of zero drinking water risk. 7. Furthermore, natural gas exploration must be carried out in a manner that is sensitive to the ecological richness and aesthetic beauty of the state. Widespread, uncontrolled natural gas development using hydraulic fracturing will diminish or destroy the natural beauty of the land and disrupt the natural habitat of wildlife. The legislature finds that natural gas development must be carried out to minimize these effects to the maximum extent possible. 8. Natural gas extraction can impose both monetary and non-monetary costs on municipalities and cause property damage or otherwise reduce the property value of private land owners. It is the intention of the legislature that all persons who undertake natural gas development in the state of New York take full responsibility for their actions, and act consistent with local concerns. 9. Although natural gas development provides the promise of economic benefit for the state of New York, the state must ensure that the bene fits outweigh the costs. It is the policy of the state that natural gas development practices will be sustainable, respectful, and safe. This act is intended to ensure that goal is met.
S 2. The environmental conservation law is amended by adding a new section 17-0709 to read as follows:
S 17-0709. WASTEWATER TREATMENT FACILITIES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN SUBDIVISION TWENTY-ONE OF SECTION 17-0105 OF THIS ARTICLE, THE COMMISSIONER SHALL, AFTER HOLDING A PUBLIC HEARING WITH DUE NOTICE, PROMULGATE REGULATIONS ESTABLISHING A STANDARD OF PERFORMANCE FOR THE CONTROL OF THE DISCHARGE OF POLLUTANTS FROM FACILITIES WHICH TREAT WASTEWATER FROM HYDRAULIC FRACTURING OPERATIONS. THIS STANDARD OF PERFORMANCE SHALL REFLECT THE GREATEST DEGREE OF EFFLUENT REDUCTION WHICH THE COMMISSIONER DETERMINES TO BE ACHIEVABLE THROUGH APPLICATION OF THE BEST AVAILABLE DEMONSTRATED CONTROL TECHNOLOGY, PROCESSES, OPERATING METHODS, OR OTHER ALTERNATIVES, INCLUDING, WHERE PRACTICABLE, A STANDARD PERMITTING NO DISCHARGE OF POLLUTANTS. THIS STANDARD OF PERFORMANCE SHALL REMAIN IN EFFECT UNTIL SUCH TIME THAT THE FEDERAL GOVERNMENT DETERMINES THAT A GREATER DEGREE OF EFFLUENT LIMITATION IS ACHIEVABLE BY THIS CATEGORY OF FACILITIES, AT WHICH TIME THIS STANDARD OF PERFORMANCE SHALL BE SUPERSEDED BY SUCH FEDERAL STANDARD. S. 2697 3
Section 23-0101 of the environmental conservation law, as amended by chapter 846 of the laws of 1981 and subdivision 1 as amended by chap ter 891 of the laws of 1984, is amended to read as follows:
S 23-0101. Definitions. As used in this article, unless the context otherwise requires:
1. "AIR POLLUTANT" MEANS VOLATILE ORGANIC COMPOUNDS (VOCS) AS DEFINED AT 40 CFR 51.100(S), HAZARDOUS AIR POLLUTANTS (HAPS) AS DEFINED AT 42 USC
S 7412(B) AND 40 CFR 63, NITROGEN OXIDES (NOX), CARBON MONOXIDE (CO), METHANE (CH4), ETHANE (C2H6), PARTICULATE MATTER (PM10 AND PM2.5), OZONE (O3), LEAD (PB), SULFUR DIOXIDE (SO2) AND OTHER AIR CONTAMINANTS AS MAY BE IDENTIFIED BY THE DEPARTMENT. 2. "BEST MANAGEMENT PRACTICES (BMPS)" ARE PRACTICES THAT ARE DESIGNED TO PREVENT OR REDUCE IMPACTS CAUSED BY OIL AND GAS OPERATIONS TO AIR, WATER, SOIL, OR BIOLOGICAL RESOURCES, AND TO MINIMIZE ADVERSE IMPACTS TO PUBLIC HEALTH, SAFETY AND WELFARE, INCLUDING THE ENVIRONMENT AND WILD LIFE RESOURCES. 3. "Buffer zone" means all that area outside and surrounding the underground gas storage reservoir which the department approves as appropriate to protect the integrity of the reservoir, no part of which shall be more than thirty-five hundred linear feet from the boundary thereof. [
2.] 4. "Cavity" means an open or partially open space left after a salt has been solution mined. 5. "CLOSED-LOOP SYSTEM" MEANS A SYSTEM FOR HANDLING OIL OR GAS EXPLO RATION, STIMULATION, OR PRODUCTION WASTES, INCLUDING BUT NOT LIMITED TO DRILLING FLUIDS AND CUTTINGS, HYDRAULIC FRACTURING FLOWBACK, PRODUCED WATER, AND RESIDUAL SLUDGES OR BRINES, WITHOUT THE NEED FOR PITS. [ 3.] 6. "Commissioner" means the commissioner of environmental conser vation. 7. "CONSEQUENCES OF ANY HAZARDOUS DISCHARGE" AS USED IN THIS SECTION MEANS ANY DETRIMENTAL EFFECT TO THE HEALTH, SAFETY, WELFARE, OR AESTHET IC ENJOYMENT OF ANY CITIZEN, RESIDENT, OR VISITOR IN THE STATE BY A HAZARDOUS DISCHARGE. [ 4.] 8. "Department" means the department of environmental conserva tion. 9. "ENVIRONMENTAL DAMAGE" AS USED IN THIS SECTION MEANS DAMAGE TO:
A. ANY WATERS OF THE STATE; B. ANY LAND SURFACE OR SUBSURFACE STRATA OF THE STATE; C. ANY AMBIENT AIR WITHIN THE STATE; OR, D. THE WILDLIFE OR ECOLOGICAL SYSTEMS IN THE LAND, AIR, OR WATERS OF THE STATE. [
5.] 10. "Fund" means the oil and gas [ fund as established in section eighty-three-a of the state finance law] ACCOUNT ESTABLISHED UNDER CHAP TER FIFTY-EIGHT OF THE LAWS OF NINETEEN HUNDRED EIGHTY-TWO. [ 6.] 11. "Field" means the general area underlaid by one or more pools. [ 7.] 12. "Gas" means all natural, manufactured, mixed, and byproduct gas, and all other hydrocarbons not defined as oil in this section. 13. "GROUNDWATER" MEANS WATER IN A SATURATED ZONE OR STRATUM BENEATH THE SURFACE OF LAND OR WATER. 14. "GROUNDWATER WELL" MEANS ANY WELL DESIGNED OR USED FOR THE SOLE PURPOSE OF OBTAINING GROUNDWATER. 15. "HAZARDOUS RELEASE" AS USED IN THIS SECTION MEANS THE RELEASE OF A HAZARDOUS SUBSTANCE. S. 2697 4 16. "HAZARDOUS SUBSTANCE" MEANS SUBSTANCES WHICH MEET THE FOLLOWING CRITERIA, INCLUDING BUT NOT LIMITED TO THOSE LISTED IN N.Y.C.R.R. S 597.2:
A. BECAUSE OF THEIR QUANTITY, CONCENTRATION, OR PHYSICAL, CHEMICAL OR INFECTIOUS CHARACTERISTICS CAUSE PHYSICAL INJURY OR ILLNESS WHEN IMPROP ERLY TREATED, STORED, TRANSPORTED, DISPOSED OF, OR OTHERWISE MANAGED; B. POSE A PRESENT OR POTENTIAL HAZARD TO THE ENVIRONMENT WHEN IMPROP ERLY TREATED, STORED, TRANSPORTED, DISPOSED OF, OR OTHERWISE MANAGED; C. BECAUSE OF THEIR TOXICITY OR CONCENTRATION WITHIN BIOLOGICAL CHAINS, PRESENT A DEMONSTRATED THREAT TO BIOLOGICAL LIFE CYCLES WHEN RELEASED INTO THE ENVIRONMENT; D. HAVE AN ORAL LD (RAT) TOXICITY OF LESS THAN FIFTY MILLIGRAMS PER KILOGRAM; OR HAVE AN INHALATION LC (RAT) TOXICITY OF LESS THAN TWO MILLIGRAMS PER LITER; OR HAVE A DERMAL LD (RABBIT) TOXICITY OF LESS THAN TWO HUNDRED MILLIGRAMS PER KILOGRAM; OR E. CAUSE OR ARE CAPABLE OF CAUSING DEATH, SERIOUS ILLNESS OR SERIOUS PHYSICAL INJURY TO ANY PERSON OR PERSONS AS A CONSEQUENCE OF RELEASE INTO THE ENVIRONMENT. [
8.] 17. "Local agency" means any local agency, board, authority, school district, commission or governing body, including any county, city, town, village or other political subdivision of the state. [ 9.] 18. "Metered" means the physical measurement of gas by means acceptable to the department. [ 10.] 19. "Oil" means crude petroleum oil and all other hydrocarbons, regardless of gravity, that are produced at the wellhead in liquid form by ordinary production methods and that are not the result of condensa tion of gas. 20. "OIL AND GAS FACILITY" MEANS EQUIPMENT, IMPROVEMENTS, OR PHYSICAL STRUCTURES, INCLUDING ANY OIL OR GAS WELLS, USED OR INSTALLED AT AN OIL AND GAS LOCATION FOR THE EXPLORATION, PRODUCTION, WITHDRAWAL, GATHERING, TREATMENT, OR PROCESSING OF OIL OR NATURAL GAS. 21. "OIL AND GAS LOCATION" MEANS A DEFINABLE AREA WHERE AN OPERATOR HAS DISTURBED OR INTENDS TO DISTURB THE LAND SURFACE IN ORDER TO LOCATE AN OIL AND GAS FACILITY. 22. "OIL AND GAS OPERATIONS" MEANS EXPLORATION FOR OIL AND GAS, INCLUDING THE CONDUCT OF SEISMIC OPERATIONS AND THE DRILLING OF TEST BORES; THE SITING, DRILLING, DEEPENING, RECOMPLETION, REWORKING, OR ABANDONMENT OF AN OIL AND GAS WELL, UNDERGROUND INJECTION WELL, OR GAS STORAGE WELL; PRODUCTION OPERATIONS RELATED TO ANY SUCH WELL INCLUDING THE INSTALLATION OF FLOWLINES AND GATHERING SYSTEMS; THE GENERATION, TRANSPORTATION, STORAGE, TREATMENT, OR DISPOSAL OF EXPLORATION AND PRODUCTION WASTES; AND ANY CONSTRUCTION, SITE PREPARATION, OR RECLAMA TION ACTIVITIES ASSOCIATED WITH SUCH OPERATIONS. 23. "OPERATOR" MEANS ANY PERSON WHO EXERCISES THE RIGHT TO CONTROL THE CONDUCT OF, OR WHO CONDUCTS, OIL AND GAS OPERATIONS. [ 11.] 24. "Owner" means the person who has the right to drill into and produce from a pool or a salt deposit and to appropriate the oil, gas or salt he produces either for himself or others, or for himself and others. 25. "PIT" MEANS ANY NATURAL OR MAN-MADE DEPRESSION IN THE GROUND USED FOR THE PURPOSE OF RETAINING OR STORING SUBSTANCES ASSOCIATED WITH OIL AND GAS OPERATIONS. [ 12.] 26. "Person" means and includes any natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, or other representative of any kind, and includes S. 2697 5 any department, agency or instrumentality of the state or any of its governmental subdivisions. [ 13.] 27. "Plug and abandon" means the plugging, replugging if neces sary, and abandonment of a well bore including the placing of all bridg es, plugs, and fluids therein and the restoration and reclamation of the surface in the immediate vicinity to a reasonable condition consistent with the adjacent terrain. [ 14.] 28. "Pool" means an underground reservoir containing a common accumulation of oil or gas or both; each zone of a structure which is completely separated from any other zone in the same structure is a pool. 29. "POTENTIAL ENVIRONMENTAL JUSTICE AREA" MEANS A MINORITY OR LOW-INCOME COMMUNITY THAT MAY BEAR A DISPROPORTIONATE SHARE OF THE NEGA TIVE ENVIRONMENTAL CONSEQUENCES RESULTING FROM INDUSTRIAL, MUNICIPAL, AND COMMERCIAL OPERATIONS OR THE EXECUTION OF FEDERAL, STATE, LOCAL, AND TRIBAL PROGRAMS AND POLICIES. [ 15.] 30. "Producer" means the owner of a well or wells capable of producing oil, gas, or salt; or any salt or hydrocarbon mixture. [ 16.] 31. "Product" means any commodity made from oil or gas and includes refined crude oil, crude tops, topped crude, processed crude, processed crude petroleum, residue from crude petroleum, cracking stock, uncracked fuel oil, fuel oil, treated crude oil, residuum, gas oil, casinghead gasoline, natural-gas gasoline, kerosene, benzine, wash oil, waste oil, blended gasoline, lubricating oil, blends or mixtures of oil with one or more liquid products or by-products derived from oil or gas, and blends or mixtures of two or more liquid products or by-products derived from oil or gas, whether herein enumerated or not. 32. "RELEASE" MEANS ANY SPILLING, LEAKING, PUMPING, POURING, EMIT TING, EMPTYING, DISCHARGING, ESCAPING, LEACHING, DUMPING OR DISCHARGING INTO THE ENVIRONMENT (INCLUDING THE ABANDONMENT OR DISCARDING OF BARRELS, CONTAINERS, AND OTHER CLOSED RECEPTACLES). [ 17.] 33. "Reservoir" means any underground reservoir, natural or artificial cavern or geologic dome, sand or stratigraphic trap, whether or not previously occupied by or containing oil or gas. [ 18.] 34. "Salt" means sodium chloride, evaporite or other water solu ble minerals, either in solution or as a solid or crystalline material in a pure state or as a mixture. 35. "SITE" MEANS THE LOCATION OF ANY OIL AND GAS OPERATION, INCLUD ING BUT NOT LIMITED TO WELLS AND WELL PADS, STORAGE FACILITIES, NATURAL GAS COMPRESSOR STATIONS, AND CENTRALIZED IMPOUNDMENTS. [ 19.] 36. "Solution mining" means the dissolving of an underground salt by water to produce a brine for transport to another underground or surface location for sale, processing or storage. 37. "SURFACE WATER" MEANS ANY WATER OCCURRING ON THE EARTH'S SURFACE IN THE FORM OF A STREAM, RIVER, POND, LAKE, WETLAND, OCEAN, ARTIFICIAL CHANNEL OR RESERVOIR, OR OTHER SURFACE WATER BODY. [ 20.] 38. "Waste" means a. Physical waste, as that term is generally understood in the oil and gas industry; b. The inefficient, excessive or improper use of, or the unnecessary dissipation of reservoir energy; c. The locating, spacing, drilling, equipping, operating, or producing of any oil or gas well or wells in a manner which causes or tends to cause reduction in the quantity of oil or gas ultimately recoverable from a pool under prudent and proper operations, or which causes or S. 2697 6 tends to cause unnecessary or excessive surface loss or destruction of oil or gas; d. The inefficient storing of oil or gas; and e. The flaring of gas produced from an oil or condensate well after the department has found that the use of the gas, on terms that are just and reasonable, is, or will be economically feasible within a reasonable time.
Section 23-0303 of the environmental conservation law, as amended by chapter 846 of the laws of 1981, is amended to read as follows:
S 23-0303. Administration of article. 1. Except to the extent that the administration of this article is specifically entrusted to other agencies or officers of the state by its provisions, such administration shall be by the department. Geological services for the department in connection with the administration of this article shall be provided by or in cooperation with the state geol ogist. Within appropriations therefor the department is authorized to employ such personnel as may be necessary for the administration of this article and may also employ or secure the services of such engineering, technical and other consultants as it may require from time to time. 2. The provisions of this article shall supersede all local laws or ordinances relating to the regulation of the oil, gas and solution mining industries; [
but shall not supersede local government jurisdic- tion over local roads or the rights of local governments under the real property tax law] PROVIDED, HOWEVER, THAT NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO PREVENT ANY LOCAL GOVERNMENT FROM:
A. ENACTING OR ENFORCING LOCAL LAWS OR ORDINANCES OF GENERAL APPLICA BILITY, EXCEPT THAT SUCH LOCAL LAWS OR ORDINANCES SHALL NOT REGULATE OIL AND GAS OPERATIONS REGULATED BY STATE STATUTE OR REGULATION; OR B. ENACTING OR ENFORCING LOCAL LAWS OR ORDINANCES RELATED TO THE REGU LATION AND MANAGEMENT OF LOCAL ROADS, SUCH AS INGRESS AND EGRESS TO PUBLIC THOROUGHFARES CONTROLLED BY THE LOCAL GOVERNMENT; OR C. ENACTING OR ENFORCING LAWS PURSUANT TO THE RIGHTS OF LOCAL GOVERN MENTS UNDER THE REAL PROPERTY TAX LAW; OR D. ENFORCING ANY REQUIREMENT CONTAINED IN ANY OIL OR GAS PERMIT ISSUED BY THE STATE; OR E. ENACTING OR ENFORCING LOCAL ZONING ORDINANCES OR LAWS THAT DETER MINE PERMISSIBLE USES IN ZONING DISTRICTS, INCLUDING WHETHER OIL AND GAS FACILITIES ARE PERMISSIBLE WITHIN A PARTICULAR ZONING DISTRICT. WHERE AN OIL AND GAS FACILITY IS DESIGNATED A PERMISSIBLE USE IN A ZONING DISTRICT AND ALLOWED BY SPECIAL USE PERMIT, CONDITIONS PLACED ON SUCH SPECIAL USE PERMITS SHALL BE LIMITED TO THE FOLLOWING:
I. REQUIREMENTS AND CONDITIONS CONCERNING SETBACK FROM PROPERTY BOUND ARIES, SURFACE WATERS, GROUNDWATER WELLS, HOMES OR PRIVATE RESIDENCES, CHURCHES, SCHOOLS, AND OTHER PUBLIC FACILITIES, AND PUBLIC THOROUGHFARE RIGHTS-OF-WAY; II. REQUIREMENTS AND CONDITIONS CONCERNING NATURAL OR MAN-MADE BARRI ERS TO RESTRICT ACCESS FROM OIL AND GAS FACILITIES, IF REQUIRED; AND III. DUST, NOISE, VIBRATION, OR LIGHT LIMITATIONS, AND REGULATION OF HOURS OF OPERATION; 3. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, LOCAL LAWS AND ORDI NANCES REGULATING ZONING, INCLUDING CONDITIONS IN SPECIAL USE PERMITS THAT IMPOSE SETBACKS, THE REQUIREMENT OF NATURAL OR MANMADE BARRIERS, OR LIMITATIONS ON DUST, NOISE, VIBRATION, LIGHT, OR HOURS OF OPERATION, DO NOT CONSTITUTE THE REGULATION OF OIL AND GAS OPERATIONS REGULATED BY STATE STATUTE OR REGULATION. S. 2697 7 4. IN ORDER TO FACILITATE A MUNICIPALITY'S ABILITY TO EXERCISE ITS AUTHORITY UNDER PARAGRAPH D OF SUBDIVISION TWO OF THIS SECTION, THE DEPARTMENT SHALL PROVIDE EVERY MUNICIPALITY WITH A COPY OF THE PERMIT OF EACH WELL LOCATED OR PERMITTED TO BE LOCATED WITHIN ITS BOUNDARIES. [
3.] 5. a. The commissioner shall accept from municipalities requests for funds from the oil and gas fund to reimburse the municipality for costs incurred in repairing damages to municipal land or property. Such requests shall include such explanatory material and documentation as the commissioner may require. b. The commissioner and director of the budget, may recommend payment to the municipality to satisfy the request for reimbursement upon find ing that:
(1) The municipality has made a bona fide effort to seek relief and recover its costs from those deemed to be responsible and any other appropriate avenues, but has been unsuccessful; (2) The damage was a direct result of activities regulated under this article and that the amount of funds requested is reasonable in view of such damages; and (3) The costs were incurred after the effective date of this subdivi sion.
S 5. Paragraph d of subdivision 8 of section 23-0305 of the environ mental conservation law, as amended by chapter 846 of the laws of 1981, is 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] ANY ACT RESULTING IN ENVIRONMENTAL DAMAGE, including but not limited to: the escape of oil, gas, brine or water out of one stra tum 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, DRILLING FLUIDS, HYDRAULIC FRACTURING FLUIDS or other contaminants; and blowouts, cavings, seepages and fires. SUCH RULES AND REGULATIONS SHALL REGULATE THE TYPE, VOLUME, AND CONCEN TRATION OF ADDITIVES FOR THE PROTECTION OF HUMAN HEALTH AND THE ENVIRON MENT; AND SUCH REGULATIONS SHALL PROHIBIT THE USE OF DRILLING FLUIDS OR HYDRAULIC FRACTURING FLUIDS CONTAINING ANY CHEMICAL SUBSTANCE THAT UPON EXPOSURE, INGESTION, INHALATION OR ASSIMILATION INTO ANY ORGANISM, EITHER DIRECTLY FROM THE ENVIRONMENT, INCLUDING FROM DRINKING WATER, OR INDIRECTLY THROUGH FOOD CHAINS, WILL, ON THE BASIS OF INFORMATION AVAIL ABLE TO THE DEPARTMENT, CAUSE DEATH, DISEASE, BEHAVIORAL ABNORMALITIES, CANCER, GENETIC MUTATIONS, ENDOCRINE DISRUPTION, PHYSIOLOGICAL MALFUNC TIONS, INCLUDING MALFUNCTIONS IN REPRODUCTION, OR PHYSICAL DEFORMATIONS, IN SUCH ORGANISMS OR THEIR OFFSPRING, INCLUDING BUT NOT LIMITED TO:
BENZENE AND ANY CHEMICAL SUBSTANCE THAT HAS BEEN IDENTIFIED PURSUANT TO THE FEDERAL TOXIC SUBSTANCES CONTROL ACT AS PERSISTENT, BIOACCUMULATIVE AND TOXIC.
Section 23-0305 of the environmental conservation law is amended by adding a new subdivision 15 to read as follows:
15. THE DEPARTMENT SHALL PROMULGATE REGULATIONS REQUIRING DISCLOSURE OF CHEMICALS USED IN OIL AND GAS WELL DRILLING AND HYDRAULIC FRACTURING, INCLUDING BUT NOT LIMITED TO THE FOLLOWING REQUIREMENTS:
A. NO PERMIT TO DRILL, DEEPEN, PLUG BACK, OR CONVERT A WELL SHALL BE ISSUED UNDER THIS ARTICLE UNTIL THE DEPARTMENT OBTAINS FROM THE PERMIT APPLICANT A COMPLETE LIST OF THE CHEMICAL CONSTITUENTS OF EACH ADDITIVE THAT MAY BE USED IN DRILLING OR FRACTURING THE WELL SPECIFIED IN THE APPLICATION; S. 2697 8 B. WHENEVER THE DEPARTMENT OR A TREATING PHYSICIAN OR NURSE, DETER MINES THAT A MEDICAL EMERGENCY EXISTS AS A RESULT OF OIL OR GAS EXPLORA TION, STIMULATION, OR PRODUCTION ACTIVITIES CONDUCTED BY A WELL DRILLING PERMIT HOLDER OR ITS SUBCONTRACTORS AND THAT THE DISCLOSURE OF PROPRIE TARY CHEMICAL INFORMATION, INCLUDING THE IDENTITY OF ANY CHEMICAL OR THE FORMULA OF ANY ADDITIVE USED IN DRILLING OR HYDRAULIC FRACTURING OF A PERMITTED OIL OR GAS WELL, MAY BE NECESSARY FOR EMERGENCY OR FIRST-AID TREATMENT, THE WELL DRILLING PERMIT HOLDER OR ANY SUBCONTRACTOR IN POSSESSION OR CONTROL OF THE PROPRIETARY INFORMATION SHALL IMMEDIATELY DISCLOSE THE PROPRIETARY INFORMATION REQUESTED TO THE DEPARTMENT OR THAT TREATING PHYSICIAN OR NURSE, REGARDLESS OF THE EXISTENCE OF A WRITTEN STATEMENT OF NEED OR A CONFIDENTIALITY AGREEMENT. THE PERMIT HOLDER OR SUBCONTRACTOR MAY REQUEST A WRITTEN STATEMENT OF NEED AND A CONFIDEN TIALITY AGREEMENT AS SOON THEREAFTER AS CIRCUMSTANCES PERMIT. IN THE EVENT THE PERMIT HOLDER OR SUBCONTRACTOR FAILS TO IMMEDIATELY DISCLOSE SUCH PROPRIETARY INFORMATION, THE DEPARTMENT SHALL MAKE AVAILABLE TO A TREATING PHYSICIAN OR NURSE ALL INFORMATION WITHIN ITS POSSESSION RELAT ING TO THE INGREDIENTS OF ANY CHEMICAL OR THE FORMULA OF ANY ADDITIVE USED IN DRILLING OR HYDRAULIC FRACTURING UTILIZED IN A PERMITTED OIL OR GAS WELL SUSPECTED OF CAUSING SUCH EMERGENCY; C. EACH PERMIT HOLDER SHALL NOTIFY THE DEPARTMENT OF ANY CHANGES TO THE CHEMICAL CONSTITUENTS USED IN DRILLING OR FRACTURING PRIOR TO THE FLUID'S USE IN THE DRILLING OR FRACTURING PROCESS. D. THE DEPARTMENT SHALL MAKE ANY DISCLOSURES FILED UNDER PARAGRAPH A OR C OF THIS SUBDIVISION AVAILABLE TO THE PUBLIC AND SHALL POST SUCH INFORMATION ON THE DEPARTMENT'S WEBSITE.
Section 23-0313 of the environmental conservation law is amended by adding four new subdivisions 3, 4, 5 and 6 to read as follows:
3. THE DEPARTMENT SHALL PROMULGATE REGULATIONS REQUIRING:
A. OIL AND GAS WELL OWNERS OR OPERATORS TO GIVE NOTICE TO THE DEPART MENT, LOCAL HEALTH DEPARTMENT AND RESPONDING EMERGENCY AGENCIES, IN PERSON OR BY SUCH MEANS AS THE DEPARTMENT SHALL SPECIFY, IMMEDIATELY AFTER THE RELEASE OF ANY FUEL, HAZARDOUS CHEMICAL OR WASTE STORED AT OR GENERATED BY AN OIL AND GAS FACILITY OR USED IN WELL DRILLING OR HYDRAU LIC FRACTURING OPERATIONS. B. NOTICE REQUIRED UNDER PARAGRAPH A OF THIS SUBDIVISION SHALL INCLUDE EACH OF THE FOLLOWING (TO THE EXTENT KNOWN AT THE TIME OF THE NOTICE AND SO LONG AS NO DELAY IN RESPONDING TO THE RELEASE RESULTS):
I. THE CHEMICAL NAME OR IDENTITY OF ANY SUBSTANCE INVOLVED IN THE RELEASE; AND II. AN ESTIMATE OF THE QUANTITY OF ANY SUCH SUBSTANCE THAT WAS RELEASED INTO THE ENVIRONMENT; AND III. THE TIME AND DURATION OF THE RELEASE; AND IV. THE MEDIUM OR MEDIA INTO WHICH THE RELEASE OCCURRED; AND V. ANY KNOWN OR ANTICIPATED ACUTE OR CHRONIC HEALTH RISKS ASSOCIATED WITH THE RELEASE AND, WHERE APPROPRIATE, ADVICE REGARDING MEDICAL ATTEN TION NECESSARY FOR EXPOSED INDIVIDUALS; AND VI. PROPER PRECAUTIONS AND REMEDIAL ACTIONS TO TAKE AS A RESULT OF THE RELEASE; AND VII. THE NAME AND TELEPHONE NUMBER OF THE PERSON OR PERSONS TO BE CONTACTED FOR FURTHER INFORMATION. C. AS SOON AS PRACTICABLE AFTER A RELEASE THAT REQUIRES NOTICE UNDER PARAGRAPH A OF THIS SUBDIVISION, SUCH OWNER OR OPERATOR SHALL PROVIDE A WRITTEN FOLLOW-UP EMERGENCY NOTICE (OR NOTICES, AS MORE INFORMATION BECOMES AVAILABLE) SETTING FORTH AND UPDATING THE INFORMATION REQUIRED UNDER PARAGRAPH B OF THIS SUBDIVISION, AND INCLUDING:
S. 2697 9 I. ACTIONS TAKEN TO RESPOND TO AND CONTAIN THE RELEASE; II. ANY KNOWN OR ANTICIPATED ACUTE OR CHRONIC HEALTH RISKS ASSOCIATED WITH THE RELEASE; AND III. ADVICE REGARDING MEDICAL ATTENTION NECESSARY FOR EXPOSED INDIVID UALS. D. THE DEPARTMENT SHALL POST ALL CHEMICAL SPILL REPORT INFORMATION REFERENCED IN PARAGRAPHS A, B AND C OF THIS SUBDIVISION ON THE DEPART MENT'S WEBSITE. 4. THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS REQUIRING THAT OWNERS OR OPERATORS OF WELLS GIVE WRITTEN NOTICE TO ALL PERSONS RESIDING WITHIN ONE HALF MILE OF ANY PROPOSED WELL SITE TWO WEEKS BEFORE DRILLING OR HYDRAULIC FRACTURING OPERATIONS BEGIN. OWNERS OR OPERATORS OF WELLS SHALL PUBLISH A NOTICE IN A LOCAL NEWSPAPER CIRCULATING IN THE AREA OF THE PROPOSED WELL SITE TWO WEEKS BEFORE DRILLING OR HYDRAULIC FRACTURING OPERATIONS BEGIN. WITHIN TWO BUSINESS DAYS OF GIVING NOTICE UNDER THIS SECTION, A LIST OF RECIPIENTS AND A COPY OF ALL NOTICES, WITH PROOF OF DELIVERY IN COMPLIANCE WITH THIS SECTION, SHALL BE SUBMITTED TO THE DEPARTMENT FOR INCLUSION IN THE DRILLING PERMIT FILE. COPIES OF ALL NOTICES SHALL BE PUBLICLY AVAILABLE. 5. THE DEPARTMENT SHALL DEVELOP MAPS OF ALL KNOWN OIL AND GAS WELLS, INCLUDING ACTIVE AND ABANDONED WELLS, IN NEW YORK USING A GEOGRAPHIC INFORMATION SYSTEM AND MAKE THOSE MAPS SYSTEM PUBLICLY AVAILABLE ON THE DEPARTMENT'S WEBSITE. 6. THE DEPARTMENT SHALL CREATE AND OPERATE AN EMERGENCY 1-800 TELE PHONE NUMBER FOR PUBLIC USE IN IDENTIFYING AND REPORTING ANY OIL OR NATURAL GAS-RELATED INCIDENTS TO THE DEPARTMENT.
S 8. The environmental conservation law is amended by adding a new section 23-0315 to read as follows:
S 23-0315. BEST MANAGEMENT PRACTICES. 1. THE COMMISSIONER SHALL NOT PERMIT ANY OWNER OR OPERATOR TO COMMENCE OPERATIONS TO DRILL, DEEPEN, PLUG BACK OR CONVERT A WELL FOR EXPLORA TION, PRODUCTION, STORAGE OR DISPOSAL UNLESS SUCH OPERATIONS IMPLEMENT BEST MANAGEMENT PRACTICES. 2. THE COMMISSIONER SHALL INCLUDE ALL APPLICABLE BEST MANAGEMENT PRAC TICES AS CONDITIONS OF EACH PERMIT TO DRILL, DEEPEN, PLUG BACK OR CONVERT A WELL. 3. EVERY THREE YEARS, AFTER HOLDING A PUBLIC HEARING WITH DUE NOTICE, THE COMMISSIONER SHALL PUBLISH AN INVENTORY OF BEST MANAGEMENT PRACTICES THAT MAY BE INCLUDED AS SPECIAL CONDITIONS OF PERMITS FOR NATURAL GAS DRILLING, DEPENDING UPON SITE-SPECIFIC ANALYSIS OF A PROPOSED WELL SITE AND AVAILABLE CONTROL TECHNOLOGIES. ANY BEST MANAGEMENT PRACTICES THAT MAY BE APPLIED TO ALL DRILLING PERMITS SHALL BE PROMULGATED AS REGU LATIONS IN COMPLIANCE WITH THE REQUIREMENTS OF THE STATE ADMINISTRATIVE PROCEDURE ACT.
S 9. The environmental conservation law is amended by adding a new section 23-0317 to read as follows:
S 23-0317. LIABILITY. 1. LIABLE PARTIES. THE FOLLOWING PERSONS SHALL BE LIABLE UNDER SUBDI VISION TWO OF THIS SECTION:
A. THE OWNER OF AN OIL AND GAS FACILITY OR PIPELINE; B. THE OPERATOR OF AN OIL AND GAS FACILITY OR PIPELINE; C. ANY PERSON WHO BY CONTRACT, AGREEMENT, OR OTHERWISE ARRANGED FOR THE TRANSPORT OF OIL OR GAS, OR FOR THE TRANSPORT, DISPOSAL, OR TREAT MENT OF A HAZARDOUS SUBSTANCE USED IN OIL OR GAS OPERATIONS, INCLUDING HAZARDOUS HYDRAULIC FRACTURING FLUID OR ANY HAZARDOUS COMPONENTS THERE OF; AND, S. 2697 10 D. ANY PERSON WHO ACCEPTS ANY HAZARDOUS SUBSTANCE USED IN OIL AND GAS OPERATIONS FOR RECYCLING, DISPOSAL, OR TREATMENT. 2. LIABILITY. ANY LIABLE PARTY MENTIONED IN SUBDIVISION ONE OF THIS SECTION SHALL BE LIABLE FOR ANY ENVIRONMENTAL DAMAGE FROM, OR THE CONSE QUENCES OF ANY HAZARDOUS RELEASE FROM, AN OIL AND GAS FACILITY, WELL-BORE, PIPELINE, OR FROM ANY STORAGE OR DISPOSAL AREA FOR OIL, GAS, OR A HAZARDOUS SUBSTANCE USED IN OIL OR GAS OPERATIONS INCLUDING:
A. ALL COSTS OF REMOVAL OR REMEDIAL ACTION INCURRED BY THE STATE OR ANY SUBDIVISION THEREOF; B. ANY OTHER NECESSARY COSTS OF RESPONSE OR MITIGATION INCURRED BY ANY OTHER PERSON AUTHORIZED BY THE STATE TO RESPOND TO THE CONTAMINATION OR MITIGATE THE EFFECTS THEREOF; C. DAMAGES FOR INJURY TO, DESTRUCTION OF, OR LOSS OF NATURAL RESOURCES, INCLUDING THE REASONABLE COSTS OF ASSESSING SUCH INJURY, DESTRUCTION, OR LOSS RESULTING FROM SUCH A RELEASE; AND, D. ALL DIRECT COSTS PROXIMATELY CAUSED BY THE ENVIRONMENTAL DAMAGE OR THE CONSEQUENCES OF ANY HAZARDOUS RELEASE TO PRIVATE PARTIES, INCLUDING BUT NOT LIMITED TO DAMAGE TO PROPERTY OWNED BY SUCH PARTIES OR INJURY TO PERSONAL HEALTH OR WELFARE. 3. LIMITATION OF LIABILITY. NOTHING IN THIS SECTION SHOULD BE CONSTRUED AS LIMITING THE LIABILITY OF ANY LIABLE PARTY IDENTIFIED IN SUBDIVISION ONE OF THIS SECTION AS AGAINST ANY PRIVATE PARTY IN A CIVIL ACTION. 4. NATURAL RESOURCES LIABILITY. A. IN THE EVENT OF AN INJURY TO, DESTRUCTION OF, OR LOSS OF NATURAL RESOURCES UNDER PARAGRAPH C OF SUBDI VISION TWO OF THIS SECTION, LIABILITY SHALL BE TO THE STATE OF NEW YORK; PROVIDED, HOWEVER, THAT NO LIABILITY TO THE STATE OF NEW YORK SHALL BE IMPOSED UNDER PARAGRAPH C OF SUBDIVISION TWO OF THIS SECTION, WHERE THE PARTY SOUGHT TO BE CHARGED HAS DEMONSTRATED THAT THE DAMAGES TO NATURAL RESOURCES COMPLAINED OF WERE SPECIFICALLY IDENTIFIED AS AN IRREVERSIBLE OR IRRETRIEVABLE COMMITMENT OF NATURAL RESOURCES IN AN ENVIRONMENTAL IMPACT STATEMENT, OR OTHER COMPARABLE ENVIRONMENTAL ANALYSIS, AND THE DECISION TO GRANT A PERMIT OR LICENSE AUTHORIZES SUCH COMMITMENT OF NATURAL RESOURCES, AND THE FACILITY OR PROJECT WAS OTHERWISE OPERATING WITHIN THE TERMS OF ITS PERMIT OR LICENSE. B. THE COMMISSIONER, OR ANOTHER REPRESENTATIVE AUTHORIZED BY THE GOVERNOR OF NEW YORK, SHALL ACT ON BEHALF OF THE PUBLIC AS TRUSTEE OF SUCH NATURAL RESOURCES TO RECOVER FOR SUCH DAMAGES. SUMS RECOVERED BY THE COMMISSIONER AS TRUSTEE UNDER THIS SUBSECTION SHALL BE RETAINED BY THE TRUSTEE, WITHOUT FURTHER APPROPRIATION, FOR USE ONLY TO RESTORE, REPLACE, OR ACQUIRE THE EQUIVALENT OF SUCH NATURAL RESOURCES. THE MEAS URE OF DAMAGES IN ANY ACTION UNDER PARAGRAPH C OF SUBDIVISION ONE OF THIS SECTION SHALL NOT BE LIMITED BY THE SUMS WHICH CAN BE USED TO RESTORE OR REPLACE SUCH RESOURCES. 5. FINANCIAL RESPONSIBILITY. A. ANY OWNER OR OPERATOR OF A WELL OR WELLS MUST, BEFORE COMMENCEMENT OF OPERATIONS, POST A LIABILITY BOND OR HOLD LIABILITY INSURANCE COVERAGE FOR EACH WELL OWNED OR OPERATED. B. THE LIABILITY BOND OR INSURANCE REQUIRED BY PARAGRAPH A OF THIS SUBDIVISION SHALL BE IN SUCH FORM AS THE DEPARTMENT BY REGULATION SHALL REQUIRE AND IN SUCH AMOUNT AS THE DEPARTMENT SHALL DEEM TO BE REASONABLY SUFFICIENT TO CORRECT, REPAIR OR REMEDY TO THE SATISFACTION OF THE DEPARTMENT ANY ENVIRONMENTAL DAMAGE OR HAZARDOUS DISCHARGE RESULTING FROM OIL OR GAS EXPLORATION OR PRODUCTION. HOWEVER, FOR WELLS LESS THAN TWO THOUSAND FIVE HUNDRED FEET IN DEPTH OR LENGTH, A MINIMUM OF FIVE THOUSAND FIVE HUNDRED DOLLARS PER WELL WILL BE REQUIRED TO SATISFY THIS SECTION AND FOR WELLS BETWEEN TWO THOUSAND FIVE HUNDRED FEET AND SIX S. 2697 11 THOUSAND FEET IN DEPTH OR LENGTH, TEN THOUSAND FIVE HUNDRED DOLLARS PER WELL WILL BE REQUIRED. WELLS GREATER THAN SIX THOUSAND FEET IN DEPTH OR LENGTH AND FOR WHICH HYDRAULIC FRACTURING FLUID SHALL BE USED, WILL REQUIRE THAT THE OPERATOR PROVIDE ADDITIONAL FINANCIAL SECURITY OF TWO HUNDRED FIFTY THOUSAND DOLLARS, PROVIDED HOWEVER THE DEPARTMENT MAY REQUIRE AN ADDITIONAL BOND OR FINANCIAL SECURITY IN AN AMOUNT SUFFICIENT TO COVER POTENTIAL REMEDIATION COSTS ASSOCIATED WITH CONTAMINATION OF THE ENVIRONMENT. C. THE LIABILITY BOND OR INSURANCE REQUIRED BY PARAGRAPH A OF THIS SUBDIVISION SHALL BE HELD FOR THE DURATION OF OPERATIONS. D. AFTER OPERATIONS HAVE CEASED, ANY OWNER OR OPERATOR OF A WELL OR WELLS SHALL POST A LIABILITY BOND OR HOLD LIABILITY INSURANCE FOR EACH WELL OWNED OR OPERATED. E. THE LIABILITY BOND OR INSURANCE REQUIRED BY PARAGRAPH D OF THIS SUBDIVISION SHALL BE IN SUCH FORM AS THE DEPARTMENT BY REGULATION SHALL REQUIRE AND IN SUCH AMOUNT AS THE DEPARTMENT SHALL DEEM SUFFICIENT TO CORRECT, REPAIR, OR REMEDY TO THE SATISFACTION OF THE DEPARTMENT ANY ENVIRONMENTAL DAMAGE OR HAZARDOUS DISCHARGE RESULTING FROM MOVEMENT OF ANY HAZARDOUS SUBSTANCE FROM THE PLUGGED OR PERMANENTLY ABANDONED WELL. F. THE LIABILITY BOND OR INSURANCE REQUIRED BY PARAGRAPH D OF THIS SUBDIVISION SHALL BE HELD FOR ONE HUNDRED YEARS AFTER THE WELL HAS BEEN PLUGGED OR PERMANENTLY ABANDONED. G. NOTHING IN THIS SECTION SHALL AFFECT THE REQUIREMENTS OF PARAGRAPH E OF SUBDIVISION THREE OF SECTION 23-1101 OF THIS ARTICLE. 6. DEFINITION OF NATURAL RESOURCES. "NATURAL RESOURCES" AS USED IN THIS SECTION MEANS LAND, FISH, WILDLIFE, BIOTA, AIR, WATER, GROUND WATER, DRINKING WATER SUPPLIES, AND OTHER SUCH RESOURCES BELONGING TO, MANAGED BY, HELD IN TRUST BY, APPERTAINING TO, OR OTHERWISE CONTROLLED BY THE STATE OF NEW YORK.
S 10. The environmental conservation law is amended by adding a new section 23-0505 to read as follows:
S 23-0505. OIL AND GAS FACILITY LOCATION REQUIREMENTS. 1. MINIMUM SETBACKS. NO OIL AND GAS FACILITY, WELL-BORE, PIPELINE, OR STORAGE OR DISPOSAL AREA FOR OIL, GAS, OR A HAZARDOUS SUBSTANCE USED IN OIL OR GAS OPERATIONS SHALL BE LOCATED WITHIN TWO THOUSAND FEET OF ANY SURFACE WATERS, GROUNDWATER WELL, HOME OR PRIVATE RESIDENCE (INCLUDING A NURSING HOME), SCHOOL, CHURCH, DAY CARE FACILITY, OR HEALTH CARE FACILI TY. 2. SUBSURFACE LANDS. FOR THE PURPOSES OF SUBDIVISION ONE OF THIS SECTION, THE SETBACKS APPLICABLE TO ANY SURFACE WATERS, GROUNDWATER WELL, HOME OR PRIVATE RESIDENCE (INCLUDING A NURSING HOME), SCHOOL, CHURCH, DAY CARE FACILITY, OR HEALTH CARE FACILITY SHALL ALSO APPLY TO THE LAND DIRECTLY BELOW THOSE AREAS, INCLUDING ANY SUBSURFACE STRATA. 3. CONTAMINATION PREVENTION. A. SPILLS, WELL LEAKS, AND CONTAMINANT FLOW FROM TARGETED FORMATION. (1) THE WELL PAD OF ANY OIL OR GAS WELL LOCATED WITHIN ONE-HALF MILE OF ANY SURFACE WATERS MUST BE SURROUNDED BY A PROTECTIVE BERM WITH A WATER DETENTION CAPACITY OF AT LEAST TWENTY-FIVE THOUSAND GALLONS. THE DEPARTMENT MAY REQUIRE A PROTECTIVE BERM TO HAVE A DETENTION CAPACITY GREATER THAN TWENTY-FIVE THOUSAND GALLONS IF THE DEPARTMENT DETERMINES IT IS NECESSARY TO PROTECT SURFACE WATERS FROM CONTAMINATION. (2) THE DEPARTMENT SHALL REQUIRE A SITE-SPECIFIC ANALYSIS OF THE TOPOGRAPHY, GEOLOGY, AND HYDROGEOLOGY OF ALL PROPOSED OIL AND GAS FACIL ITIES OR PIPELINES. THIS ANALYSIS SHOULD INCLUDE IDENTIFICATION OF ALL POTENTIAL PATHWAYS AND RECEIVING WATERS FOR SPILLS FROM THE SITE TO REACH SURFACE WATERS. S. 2697 12 (3) THE DEPARTMENT SHALL REQUIRE THE DEVELOPMENT OF GROUNDWATER CONTOUR AND VERTICAL GRADIENT MAPS OF THE GEOLOGICAL FORMATION FROM THE TARGET FORMATION TO THE GROUND SURFACE PRIOR TO APPROVAL OF ANY GAS DRILLING PERMIT. (4) THE DEPARTMENT SHALL PROMULGATE REGULATIONS IDENTIFYING TOPOGRAPH ICAL AND GEOLOGIC AND HYDROGEOLOGIC CONDITIONS, INCLUDING BUT NOT LIMIT ED TO STEEP SLOPES BETWEEN THE WELL PAD AND SURFACE WATERS; PROXIMITY TO IMPAIRED WATERWAYS IDENTIFIED BY THE STATE OF NEW YORK PURSUANT TO SECTION 303(D) OF THE FEDERAL CLEAN WATER ACT; CONDITIONS THAT WOULD PERMIT SUDDEN SPILLS TO REACH SURFACE WATERS BEFORE CONTAINMENT IS POSSIBLE; OR ANY OTHER CONDITIONS THAT WOULD INCREASE THE RISK OF SURFACE OR GROUNDWATER CONTAMINATION OR FURTHER DEGRADATION THAT REQUIRE SETBACKS LARGER THAN THOSE SPECIFIED IN SUBDIVISION ONE OF THIS SECTION OR DENIAL OF A WELL DRILLING PERMIT. (5) AS A CONDITION OF ANY PERMIT GRANTED PURSUANT TO SECTION 23-0501 OF THIS ARTICLE FOR ANY WELL SUBJECT TO SETBACK REQUIREMENTS, THE DEPARTMENT SHALL ESTABLISH SETBACKS SUFFICIENT TO PROTECT HUMAN HEALTH AND THE WATERS OF THE STATE. B. MONITORING REQUIREMENTS. (1) ALL OIL OR GAS WELLS MUST BE EQUIPPED WITH A MONITORING DEVICE OR DEVICES INSTALLED TO DETECT ANY CONTAMINANT MOVEMENT FROM THE OIL OR GAS WELL IN THE DIRECTION OF ANY GROUNDWATER OR GROUNDWATER WELL. (2) THE DEPARTMENT SHALL PROMULGATE REGULATIONS ESTABLISHING A MONI TORING PROGRAM TO DETECT ANY CONTAMINANT MOVEMENT FROM AN OIL OR GAS FACILITY. THE REGULATIONS SHALL PROVIDE, AT A MINIMUM, THAT:
(I) MONITORING SHALL OCCUR NO LESS OFTEN THAN QUARTERLY; (II) GROUNDWATER MONITORING SHALL COMMENCE AT OR NEAR THE PROPOSED WELL SITE AT LEAST THREE HUNDRED SIXTY-FIVE DAYS BEFORE DRILLING BEGINS TO PROVIDE A WATER QUALITY BASELINE THAT ACCOUNTS FOR SEASONAL CHANGES IN WATER QUALITY; (III) MONITORING SHALL CONTINUE FOR THE DURATION OF OPERATIONS UNTIL FIFTY YEARS AFTER OPERATIONS HAVE CEASED OR THE OIL AND GAS WELL HAS BEEN PLUGGED OR PERMANENTLY ABANDONED; (IV) THE MONITORING DEVICE OR DEVICES USED TO DETECT CONTAMINANT MOVE MENT SHALL REFLECT THE BEST TECHNOLOGY AVAILABLE FOR SUCH MONITORING; (V) MONITORING SHALL BE CONDUCTED FOR ONE OR MORE ACTUAL CONSTITUENTS OF DRILLING AND FRACTURING FLUIDS USED AT EACH PROXIMATE SITE; AND (VI) SCREEN LENGTHS, MONITORING WELL DENSITY AND MONITORED AQUIFERS SHALL BE BASED UPON A CONCEPTUAL FLOW MODEL, DEVELOPED ON THE BASIS OF ALL AVAILABLE OR NEW DATA, AS APPROPRIATE, TO DETECT A LEAK OR MIGRATION OF ANY CONTAMINATION SO AS TO MAXIMIZE THE POSSIBILITY OF DETECTION PRIOR TO CONTAMINATION OF ANY DRINKING WATER SOURCE.
S 11. The environmental conservation law is amended by adding a new section 23-0507 to read as follows:
S 23-0507. EXCLUSION AREAS. 1. THE DEPARTMENT SHALL IDENTIFY SPECIFIC AREAS WITH DETERMINABLE BOUNDARIES IN WHICH ANY OIL AND GAS FACILITIES, WELL-BORES, PIPELINES, OR STORAGE OR DISPOSAL AREAS FOR OIL, GAS, OR A HAZARDOUS SUBSTANCE USED IN OIL OR GAS OPERATIONS WILL BE PROHIBITED. THESE AREAS SHALL INCLUDE:
A. THE AREA AROUND AND INCLUDING THE NEW YORK CITY WATERSHED; B. THE AREA AROUND AND INCLUDING ANY WATER SYSTEM THAT HAS RECEIVED, AT ANY POINT IN TIME, A FILTRATION AVOIDANCE DETERMINATION FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; C. ANY AREA OVERLYING A SOLE SOURCE AQUIFER; D. ANY OTHER AREA IDENTIFIED BY THE DEPARTMENT AS NECESSARY FOR THE PROTECTION OF DRINKING WATER RESOURCES; S. 2697 13 E. ANY AREA IDENTIFIED AS A CRITICAL HABITAT FOR A THREATENED OR ENDANGERED SPECIES UNDER SECTION FOUR OF THE FEDERAL ENDANGERED SPECIES ACT (42 U.S.C.
S 1533) OR ANY AREA IDENTIFIED AS A "NATURAL HERITAGE AREA" UNDER SECTION 11-0539 OF THIS CHAPTER; F. ANY AREA IDENTIFIED BY THE DEPARTMENT AS A BIRD CONSERVATION AREA OR ANY OTHER CRITICAL BIRD HABITAT FOR THE PROTECTION OF MIGRATORY OR NON-MIGRATORY BIRDS; G. ALL FLOODPLAINS; AND, H. ALL AREAS WITHIN ANY NEW YORK STATE PARK, FOREST PRESERVE, STATE FOREST, WILDLIFE REFUGE, WILDLIFE MANAGEMENT AREA, OR WILDERNESS AREA. 2. FOR ANY AREAS IDENTIFIED IN PARAGRAPH A OR B OF SUBDIVISION ONE OF THIS SECTION THE DEPARTMENT SHALL IDENTIFY AN ADDITIONAL AREA AROUND THE PRIMARY DRINKING WATER RESOURCE IN WHICH OIL AND GAS OPERATIONS SHALL BE PROHIBITED IN ORDER TO ENSURE ADEQUATE PROTECTION OF SUCH RESOURCE. 3. FOR ANY AREAS IDENTIFIED IN PARAGRAPHS A, B, C, OR E OF SUBDIVISION ONE OF THIS SECTION THE DEPARTMENT SHALL ADD AN ADDITIONAL EXCLUSION BUFFER OF NO LESS THAN ONE-HALF MILE IN WHICH ANY OIL AND GAS FACILI TIES, WELL-BORES, PIPELINES, OR STORAGE OR DISPOSAL AREAS FOR OIL, GAS, OR A HAZARDOUS SUBSTANCE USED IN OIL OR GAS OPERATIONS WILL BE PROHIBIT ED. 4. ALL AREAS IDENTIFIED IN SUBDIVISION ONE OF THIS SECTION AND THE EXCLUSION BUFFER AREAS IDENTIFIED IN SUBDIVISION TWO OF THIS SECTION SHALL INCLUDE ALL THE LAND LOCATED DIRECTLY BELOW THOSE AREAS, INCLUDING ALL LEVELS OF SUBSURFACE STRATA. 5. THE DEPARTMENT MAY ALSO IDENTIFY ANY OTHER EXCLUSION AREA FOR THE PROTECTION OF ANY NATURAL RESOURCE AS DEFINED IN SUBDIVISION SIX OF SECTION 23-0317 OF THIS ARTICLE OR FOR THE HEALTH, SAFETY, OR GENERAL WELFARE OF ANY CITIZEN, RESIDENT, OR VISITOR IN THE STATE OF NEW YORK.
S 12. The environmental conservation law is amended by adding a new section 23-0509 to read as follows:
S 23-0509. PROHIBITION ON WASTE STORAGE PITS OR IMPOUNDMENTS. PITS AND OTHER IMPOUNDMENTS, WHETHER OR NOT LINED, SHALL NOT BE USED FOR ON-SITE OR OFF-SITE COLLECTION OR STORAGE OF ANY OIL OR GAS EXPLORA TION, STIMULATION, OR PRODUCTION WASTES, INCLUDING BUT NOT LIMITED TO DRILLING FLUIDS AND CUTTINGS, HYDRAULIC FRACTURING FLOWBACK, PRODUCED WATER, AND RESIDUAL SLUDGES OR BRINES REMAINING AFTER ON-SITE TREATMENT OF OIL OR GAS WASTES FOR REUSE OR RECYCLING. ALL OIL OR GAS EXPLORATION, STIMULATION, OR PRODUCTION WASTES SHALL BE COLLECTED AND STORED AND RETRIEVABLE AT ALL TIMES IN CLOSED-LOOP SYSTEMS. THE DEPARTMENT SHALL PROMULGATE MINIMUM STANDARDS FOR CLOSED-LOOP SYSTEMS FOR OIL AND GAS WASTE COLLECTION, STORAGE, AND RETRIEVAL.
Section 23-1903 of the environmental conservation law, as amended by section 1 of part R-1 of chapter 62 of the laws of 2003, is amended to read as follows:
S 23-1903. Imposition of oil, gas and solution mining regulation and reclamation fees. 1. When a permit is granted to a person by the department pursuant to section 23-0305 of this article to drill a well or when a person converts a well to one subject to the oil, gas and solution mining law, such person shall pay to the department:
a. A one hundred dollar fee to be credited to the oil and gas account established under chapter fifty-eight of the laws of nineteen hundred eighty-two; and b. A fee in accordance with the depth AND LENGTH drilled or expected to be drilled as set forth below:
0- 500ft. - [
$ 190] $ 250 S. 2697 14 501- 1000ft. - [ $ 380] $ 500 1001- 1500ft. - [ $ 570] $ 750 1501- 2000ft. - [ $ 760] $1000 2001- 2500ft. - [ $ 950] $1250 2501- 3000ft. - [ $1,140] $1500 3001- 3500ft. - [ $1,330] $1750 3501- 4000ft. - [ $1,520] $2000 4001- 4500ft. - [ $1,710] $2250 4501- 5000ft. - [ $1,900] $2500 5001- 5500ft. - [ $2,090] $2750 5501- 6000ft. - [ $2,280] $3000 6001- 6500ft. - [ $2,470] $3250 6501- 7000ft. - [ $2,660] $3500 7001- 7500ft. - [ $2,850] $3750 7501- 8000ft. - [ $3,040] $4000 8001- 8500ft. - [ $3,230] $4250 8501- 9000ft. - [ $3,420] $4500 9001- 9500ft. - [ $3,610] $4750 9501-10,000ft.- [ $3,800] $5000 over 10,000ft.- [ $3,800] $5000 plus [ $190] $250 for each incremental 500 feet of depth OR LENGTH over 10,000 feet. A person who has paid the fees described shall not be required to pay any additional fee for a well conversion. The fee for well deepening permits pertaining to wells for which a well drilling permit was issued after August twenty-fifth, nineteen hundred eighty-one, shall be calcu lated on the basis of the additional depth OR LENGTH drilled. In the event the actual depth drilled exceeds the depth expected to be drilled, an additional amount shall be paid such that the total fee paid shall be in accordance with the schedule set forth in this paragraph. 2. THE DEPARTMENT SHALL REVIEW THE FEE SCHEDULES SET FORTH IN THIS SECTION PRIOR TO SEPTEMBER FIRST OF EACH YEAR. THE FIGURES WILL BE ADJUSTED UP OR DOWN ANNUALLY BY THE PREVIOUS TWELVE MONTH INFLATION FACTOR. THE INFLATION FACTOR IS BASED UPON THE UNITED STATES DEPARTMENT OF LABOR, BUREAU OF LABOR STATISTICS DATA PUBLISHED IN THE MONTHLY CPI DETAILED REPORT. THE DATA WILL BE TAKEN FROM THE MOST RECENT REPORT AVAILABLE ON JULY FIRST OF EACH YEAR AND THE ACTUAL PERCENTAGE USED WILL BE THE PAST YEAR PERCENT CHANGE FOR THE U.S. CITY AVERAGE, ALL ITEMS, ALL URBAN CONSUMERS. 3. Upon requesting from the department any determination under the Natural Gas Policy Act, such person shall pay a [ fifty] ONE HUNDRED dollar fee per well for each such determination.
S 14. Article 23 of the environmental conservation law is amended by adding a new title 29 to read as follows:
TITLE 29 CITIZEN SUITS SECTION 23-2901. ACTIONS TO ENFORCE LAWS ON POLLUTION, IMPAIRMENT OR DESTRUCTION OF ENVIRONMENT, OR TO PROTECT ENVIRON MENT; DISMISSAL OF FRIVOLOUS ACTIONS.
S 23-2901. ACTIONS TO ENFORCE LAWS ON POLLUTION, IMPAIRMENT OR DESTRUCTION OF ENVIRONMENT, OR TO PROTECT ENVIRONMENT; DISMISSAL OF FRIVOLOUS ACTIONS. 1. ANY PERSON MAY COMMENCE A CIVIL ACTION IN A COURT OF COMPETENT JURISDICTION AGAINST ANY OTHER PERSON ALLEGED TO BE IN VIOLATION OF ANY STATUTE, REGULATION OR ORDINANCE WHICH IS DESIGNED TO PREVENT, MINIMIZE OR CONTROL POLLUTION, IMPAIRMENT OR DESTRUCTION OF THE ENVIRONMENT. THE ACTION MAY BE FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF TO COMPEL COMPLI S. 2697 15 ANCE WITH A STATUTE, REGULATION OR ORDINANCE, OR TO ASSESS CIVIL PENAL TIES FOR THE VIOLATION AS PROVIDED BY LAW. THE ACTION MAY BE COMMENCED UPON AN ALLEGATION THAT A PERSON IS IN VIOLATION, EITHER CONTINUOUSLY OR INTERMITTENTLY, OF A STATUTE, REGULATION OR ORDINANCE, AND THAT THERE IS A LIKELIHOOD THAT THE VIOLATION WILL RECUR IN THE FUTURE. 2. EXCEPT IN THOSE INSTANCES WHERE THE CONDUCT COMPLAINED OF CONSTI TUTES A VIOLATION OF A STATUTE, REGULATION OR ORDINANCE WHICH ESTAB LISHES A MORE SPECIFIC STANDARD FOR THE CONTROL OF POLLUTION, IMPAIRMENT OR DESTRUCTION OF THE ENVIRONMENT, ANY PERSON MAY COMMENCE A CIVIL ACTION IN ANY COURT OF COMPETENT JURISDICTION FOR DECLARATORY AND EQUI TABLE RELIEF AGAINST ANY OTHER PERSON FOR THE PROTECTION OF THE ENVIRON MENT, OR THE INTEREST OF THE PUBLIC THEREIN, FROM POLLUTION, IMPAIRMENT OR DESTRUCTION OCCURRING IN VIOLATION, EITHER CONTINUOUSLY OR INTERMIT TENTLY, OF THIS ARTICLE. 3. THE COURT MAY, ON THE MOTION OF ANY PARTY, OR ON ITS OWN MOTION, DISMISS ANY ACTION BROUGHT PURSUANT TO THIS ACT WHICH ON ITS FACE APPEARS TO BE PATENTLY FRIVOLOUS, HARASSING OR WHOLLY LACKING IN MERIT.
S 15. Article 23 of the environmental conservation law is amended by adding a new title 31 to read as follows:
TITLE 31 HEALTH IMPACT ASSESSMENT SECTION 23-3101. PREPARATION OF HEALTH IMPACT ASSESSMENT.
S 23-3101. PREPARATION OF HEALTH IMPACT ASSESSMENT. 1. NO PERMIT SHALL BE ISSUED UNDER SECTION 23-0501 OF THIS ARTICLE UNTIL THE DEPARTMENT OF HEALTH HAS COMPLETED THE HEALTH IMPACT ASSESS MENT DESCRIBED IN SUBDIVISION TWO OF THIS SECTION AND THE DEPARTMENT HAS ADOPTED REGULATIONS AND IMPLEMENTED ANY MITIGATION MEASURES RECOMMENDED IN THE HEALTH IMPACT ASSESSMENT. THE PURPOSE OF A HEALTH IMPACT ASSESS MENT IS TO PROVIDE DETAILED INFORMATION ABOUT THE EFFECT OIL AND GAS OPERATIONS ARE LIKELY TO HAVE ON PUBLIC HEALTH, TO IDENTIFY MEASURES THAT COULD BE IMPLEMENTED TO MINIMIZE ANY ADVERSE EFFECTS OF SUCH OPER ATIONS, AND TO SUGGEST ALTERNATIVES TO SUCH AN ACTION SO AS TO FORM THE BASIS FOR A DECISION WHETHER OR NOT TO UNDERTAKE OR APPROVE SUCH ACTIV ITIES. 2. THE DEPARTMENT OF HEALTH SHALL PREPARE, OR CAUSE TO BE PREPARED BY CONTRACT OR OTHERWISE, A COMPREHENSIVE HEALTH IMPACT ASSESSMENT OF OIL AND GAS OPERATIONS INVOLVING ANY SHALE FORMATION, INCLUDING ALL OPER ATIONS RELATED AND INCIDENT THERETO, WHICH MAY HAVE AN ADVERSE IMPACT ON PUBLIC HEALTH. A. SUCH AN ASSESSMENT SHALL INCLUDE A DETAILED STATEMENT SETTING FORTH THE FOLLOWING:
I. A DESCRIPTION OF THE OPERATIONS; II. THE PUBLIC HEALTH IMPACT OF THE OPERATIONS, INCLUDING SHORT-TERM AND LONG-TERM EFFECTS; III. WHETHER AN OPERATION OCCURS IN, OR DISPROPORTIONATELY WILL IMPOSE NEGATIVE HEALTH IMPACTS UPON A POTENTIAL ENVIRONMENTAL JUSTICE AREA, AND IF SO, THE IDENTITY OF SUCH AREA; IV. ANY ADVERSE PUBLIC HEALTH EFFECTS THAT CANNOT BE AVOIDED; V. ALTERNATIVES TO THE OIL AND GAS OPERATIONS GENERALLY OR ALTERNA TIVES TO ANY ASPECT RELATED OR INCIDENT THERETO WHICH MAY HAVE AN ADVERSE IMPACT ON PUBLIC HEALTH; VI. MITIGATION MEASURES PROPOSED TO MINIMIZE THE PUBLIC HEALTH IMPACT; VII. ANY SUCH OTHER INFORMATION CONSISTENT WITH THE PURPOSES OF THIS ARTICLE AS MAY BE PRESCRIBED IN GUIDELINES ISSUED BY THE COMMISSIONER. B. THE DEPARTMENT OF HEALTH SHALL FIRST ISSUE A DRAFT HEALTH IMPACT ASSESSMENT THAT SATISFIES THE REQUIREMENTS OF PARAGRAPH A OF THIS SUBDI S. 2697 16 VISION. THE DRAFT SHOULD RESEMBLE IN FORM AND CONTENT THE HEALTH IMPACT ASSESSMENT TO BE PREPARED AFTER COMMENTS HAVE BEEN RECEIVED AND CONSID ERED. 3. THE DRAFT ASSESSMENT SHALL BE FILED WITH THE DEPARTMENT. A. THE DEPARTMENT AND THE DEPARTMENT OF HEALTH SHALL SOLICIT COMMENTS FROM THE PUBLIC AND FEDERAL, STATE, REGIONAL AND LOCAL AGENCIES HAVING AN INTEREST IN THE ASSESSMENT. THE COMMENT PERIOD SHALL LAST NO SHORTER THAN NINETY DAYS. B. THE DRAFT ASSESSMENT SHALL BE POSTED ON THE DEPARTMENT OF HEALTH'S AND THE DEPARTMENT'S WEBSITES. 4. AFTER THE FILING OF A DRAFT HEALTH IMPACT ASSESSMENT EITHER THE DEPARTMENT OF HEALTH OR THE DEPARTMENT SHALL DETERMINE WHETHER OR NOT TO CONDUCT A PUBLIC HEARING ON THE PUBLIC HEALTH IMPACT OF THE OIL AND GAS OPERATIONS. IF EITHER AGENCY DETERMINES TO HOLD SUCH HEARING, IT SHALL COMMENCE THE HEARING WITHIN SIXTY DAYS OF THE FILING UNLESS THE PROPOSED ACTION IS WITHDRAWN FROM CONSIDERATION. 5. IF NO HEARING IS HELD, THE AGENCY SHALL PREPARE AND MAKE AVAILABLE THE FINAL HEALTH IMPACT ASSESSMENT. THE FINAL ASSESSMENT SHALL INCLUDE COPIES OR A SUMMARY OF THE SUBSTANTIVE COMMENTS RECEIVED BY THE AGENCY PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, AND THE AGENCY RESPONSE TO SUCH COMMENTS. 6. THE HEALTH IMPACT ASSESSMENT TOGETHER WITH ALL COMMENTS, SHALL BE FILED WITH THE COMMISSIONER, MADE AVAILABLE TO THE PUBLIC, AND POSTED ON A PUBLICLY-AVAILABLE INTERNET WEBSITE UPON ISSUANCE. 7. WHEN AN AGENCY DECIDES TO CARRY OUT OR APPROVE AN ACTION WHICH HAS BEEN THE SUBJECT OF THIS HEALTH IMPACT ASSESSMENT, IT SHALL MAKE AN EXPLICIT FINDING THAT THE REQUIREMENTS OF THIS SECTION HAVE BEEN MET AND THAT TO THE MAXIMUM EXTENT PRACTICABLE, ADVERSE PUBLIC HEALTH IMPACTS REVEALED IN THE HEALTH IMPACT ASSESSMENT PROCESS WILL BE MINIMIZED OR AVOIDED. 8. WHERE THE DEPARTMENT OF HEALTH CONCLUDES OR THE HEALTH IMPACT ASSESSMENT INDICATES THAT THE OIL AND GAS OPERATIONS, OR OPERATIONS RELATED OR INCIDENT THERETO, OCCUR IN, OR DISPROPORTIONATELY WILL IMPOSE NEGATIVE HEALTH IMPACTS UPON A POTENTIAL ENVIRONMENTAL JUSTICE AREA, THE DEPARTMENT OF HEALTH SHALL REQUIRE A SITE SPECIFIC HEALTH IMPACT ASSESS MENT. THAT ASSESSMENT SHALL CONFORM TO THE REQUIREMENTS SET FORTH IN SUBDIVISION TWO OF THIS SECTION, AND THE DEPARTMENT OF HEALTH SHALL MAKE REGULATIONS SPECIFYING ADDITIONAL REQUIREMENTS WHICH SHALL APPLY TO SITE SPECIFIC ASSESSMENTS. NO PERMIT SHALL BE ISSUED UNDER SECTION 23-0501 OF THIS ARTICLE IN ANY AREA SUBJECT TO A SITE SPECIFIC HEALTH IMPACT ASSESSMENT UNTIL THE SITE SPECIFIC HEALTH IMPACT ASSESSMENT HAS BEEN COMPLETED AND THE MITIGATION MEASURES SUGGESTED THEREIN HAVE BEEN ADOPTED. THE DEPARTMENT OF HEALTH MAY REQUIRE A SITE SPECIFIC HEALTH IMPACT ASSESSMENTS IN ANY OTHER CIRCUMSTANCES IT DEEMS ADVISABLE.
S 16. Article 23 of the environmental conservation law is amended by adding a new title 33 to read as follows:
TITLE 33 AIR QUALITY MONITORING SECTION 23-3301. AIR QUALITY MONITORING.
S 23-3301. AIR QUALITY MONITORING. WITHIN SIX MONTHS OF THE ENACTMENT OF THIS SECTION THE DEPARTMENT SHALL:
1. PREPARE A DRAFT AIR QUALITY TESTING AND MONITORING PLAN FOR ALL AREAS OF CURRENT OR POTENTIAL OIL AND GAS OPERATIONS IN NEW YORK STATE. THE DRAFT PLAN SHALL BE SUBJECT TO PUBLIC REVIEW, INCLUDING BUT NOT S. 2697 17 LIMITED TO NOTICE AND A COMMENT PERIOD OF AT LEAST THIRTY DAYS. THE DRAFT AND FINAL PLAN SHALL INCORPORATE THE FOLLOWING MINIMUM PROVISIONS:
A. MANDATORY BASELINE TESTING OF AIR QUALITY AND AIR POLLUTANT EMIS SIONS THROUGHOUT THE OIL AND GAS DEVELOPMENT REGION OF NEW YORK STATE, INCLUDING EMISSIONS FROM BOTH MOBILE AND STATIONARY AIR CONTAMINATION SOURCES INVOLVED IN OIL AND GAS OPERATIONS, AS DEFINED IN SUBDIVISION FIVE OF SECTION 19-0107 OF THIS CHAPTER; B. DEPLOYMENT OF A SUFFICIENT NUMBER OF AIR QUALITY MONITORING DEVICES WITHIN THE OIL AND GAS DEVELOPMENT REGION TO ENSURE PROMPT DETECTION OF ANY VIOLATIONS OF AIR QUALITY STANDARDS; C. DELINEATION OF OIL AND GAS DEVELOPMENT SUBREGIONS WITHIN NEW YORK STATE, BASED ON THE AIRSHEDS FOR EACH REGULATED POLLUTANT EMITTED BY OIL AND GAS FACILITIES; PREPARATION OF CUMULATIVE IMPACT ANALYSES OF AIR EMISSIONS IN EACH SUBREGION, INCLUDING EMISSIONS FROM ALL NATURAL GAS COMPRESSOR STATIONS; AND DEVELOPMENT OF STANDARDS AND REGULATORY PROCE DURES FOR CONTROL OF COMPRESSOR STATION EMISSIONS; D. DEVELOPMENT OF PROCEDURES AND A SCHEDULE FOR THE REGULAR MONITORING AND REPORTING OF AIR QUALITY AND AIR POLLUTANT DENSITY WITHIN EACH OF THE SUBREGIONS; E. MANDATORY POSTING OF SUCH REPORTS ON THE DEPARTMENT'S WEBSITE; F. ESTABLISHMENT OF PROCEDURES FOR APPROPRIATE RESPONSES, INCLUDING EMERGENCY RESPONSES, TO VIOLATIONS OF AIR QUALITY STANDARDS. 2. IN THE FINAL AIR QUALITY TESTING AND MONITORING PLAN, THE DEPART MENT SHALL RESPOND TO ALL SUBSTANTIVE COMMENTS TIMELY SUBMITTED ON THE DRAFT PLAN. 3. NO PERMIT SHALL BE ISSUED UNDER SECTION 23-0501 OF THIS ARTICLE UNTIL THIRTY DAYS AFTER NOTICE OF THE FINAL PLAN IS PUBLISHED IN THE ENVIRONMENTAL NOTICE BULLETIN. 4. NO PERMIT SHALL BE ISSUED UNDER SECTION 23-0501 OF THIS ARTICLE, IF AIR EMISSIONS FROM THE PERMITTED OPERATION WOULD CAUSE OR CONTRIBUTE TO A VIOLATION OF ANY AIR QUALITY STANDARD.
Section 27-0903 of the environmental conservation law is amended by adding a new subdivision 4 to read as follows:
4. UNIFORM TREATMENT OF WASTE. NOTWITHSTANDING ANY OTHER LAW OR REGU LATION TO THE CONTRARY, ALL WASTE RESULTING FROM THE EXPLORATION, DEVEL OPMENT, EXTRACTION OR PRODUCTION OF CRUDE OIL OR NATURAL GAS, INCLUDING BUT NOT LIMITED TO DRILLING FLUIDS AND PRODUCED WATERS, SHALL BE CONSID ERED HAZARDOUS WASTE UNDER THE LAW OF THIS STATE AND SUBJECT TO ALL PERTINENT GENERATION, TRANSPORTATION, TREATMENT, STORAGE, AND DISPOSAL LAWS AND REGULATIONS, IF SUCH WASTE MEETS THE DEFINITION OF HAZARDOUS WASTE SET FORTH IN SUBDIVISION THREE OF SECTION 27-0901 OF THIS CHAPTER. WITHIN SIX MONTHS FROM THE EFFECTIVE DATE OF THIS SUBDIVISION, THE DEPARTMENT SHALL MAKE ALL NECESSARY CHANGES TO BRING ITS REGULATIONS INTO COMPLIANCE WITH THIS SECTION.
Section 15-1501 of the environmental conservation law, as amended by chapter 233 of the laws of 1979, is amended to read as follows:
S 15-1501. [
New or additional sources of water supply] WATER WITHDRAWAL; permit. 1. Except as otherwise provided in this title, no person [ or public corporation] who is authorized and engaged in, or proposing to engage in, the [ acquisition, conservation, development, use and distribution of water for potable purposes, for the irrigation of agricultural lands, for projects taken pursuant to Article 5-D of the County Law, or for multi-purpose projects authorized by a general plan adopted and approved pursuant to title 11 of this article,] OPERATION OF A WATER WITHDRAWAL S. 2697 18 SYSTEM WITH A CAPACITY OF GREATER THAN OR EQUAL TO THE THRESHOLD VOLUME, shall have any power to do the following until such person [ or public corporation] has first obtained a permit OR PERMIT MODIFICATION from the department pursuant to this title:
a. To [
acquire or take] MAKE a water [ supply] WITHDRAWAL FROM A NEW SOURCE or an [ additional] INCREASED water [ supply] WITHDRAWAL from an existing [ approved] source; [ or] b. To take or condemn lands for THE PROTECTION OF ANY EXISTING SOURCES OF PUBLIC WATER SUPPLY; OR FOR THE DEVELOPMENT OR PROTECTION OF any new or additional sources of PUBLIC water supply [ or for the utilization of such supplies]; [ or] c. To commence or undertake the construction of any works or projects in connection with the proposed [ plans] WITHDRAWAL; or d. [ To exercise any franchise hereafter granted to supply water to any inhabitants of the state; or e. To extend its supply or distribution mains into a municipality, water district, water supply district, or other civil division of the state wherein it has not heretofore legally supplied water; or f. To construct any extension of its supply mains except within a service area approved by the department after public hearing; or g. To extend the boundaries of a water district; or h. To supply water in or for use in any other municipality or civil division of the state which owns and operates a water supply system therein, or in any duly organized water supply or fire district supplied with water by another person or public corporation] TO MAKE A SIGNIF ICANT CHANGE IN THE PRINCIPAL USE OF THE WATER WITHDRAWAL SYSTEM FROM THAT SPECIFIED IN THE PERMIT, OR PERMIT APPLICATION. 2. [ A permit shall not be necessary for the extension of supply or distributing mains or pipes of a municipal water supply plant into and for the purpose of supplying water in any territory within the limits of the municipality owning such plant, including territory which has not been heretofore supplied with water by such plant, nor for the recon- struction or replacement of existing facilities in connection with an existing plant wherein the capacity of the plant is in no way increased, nor for the construction of filtration or other treatment facilities which will not in any way increase the amount of water which can be made available from the present sources of supply. A permit shall not be necessary for the extension of supply or distributing mains or pipes of a county water authority into and for the purpose of supplying water in any territory assigned to such county water authority within the limits of the county but excluding territory specifically assigned to private or other municipal water companies by the department which has not been heretofore supplied with water by such county water authority, nor for the reconstruction or replacement of existing facilities in connection with an existing plant wherein the capacity of the plant is in no way increased, nor for the construction of filtration or other treatment facilities which will not in any way increase the amount of water which can be made available from the present sources of supply, provided, however, that nothing herein contained shall be held to authorize such county water authority to enter into competition with, for the purpose of service in the area served by the mains, the transmission or distrib- ution mains of any other water works system, either publicly or private- ly owned, already legally established in said county for the sale of water at wholesale or retail, or which hereafter may legally be estab- lished for said purpose; or to sell water to any other water works system, either publicly or privately owned, and not now served by saidS. 2697 19 county authority] ALL PERSONS REQUIRED TO OBTAIN A PERMIT UNDER THIS SECTION SHALL SUBMIT ANNUALLY TO THE DEPARTMENT A FEE IN AN AMOUNT PRESCRIBED IN TITLE EIGHT OF ARTICLE SEVENTY-TWO OF THIS CHAPTER; PROVIDED, HOWEVER, THAT NO PERSON SHALL BE REQUIRED TO PAY SUCH FEE UNTIL THE DEPARTMENT PROMULGATES REGULATIONS PURSUANT TO SUBDIVISION FIVE OF THIS SECTION. 3. UNTIL THE DEPARTMENT PROMULGATES REGULATIONS PURSUANT TO SUBDIVI SION FIVE OF THIS SECTION, NOTHING CONTAINED IN SUBDIVISION ONE OF THIS SECTION CONCERNING PERMITS FROM THE DEPARTMENT SHALL BE APPLICABLE TO WATER WITHDRAWALS OTHER THAN FOR A PUBLIC WATER SUPPLY SYSTEM. UNTIL AND UNLESS OTHERWISE PROVIDED BY SUCH REGULATIONS, ALL VALID PUBLIC WATER SUPPLY PERMITS ISSUED BY THE DEPARTMENT OR ITS PREDECESSORS SHALL REMAIN IN FULL FORCE AND EFFECT AND SHALL BE DEEMED TO SATISFY THE PERMIT REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION FOR EXISTING WATER WITH DRAWALS FROM A SOURCE AND IN AN AMOUNT AUTHORIZED BY THE PERMIT. 4. Nothing CONTAINED in this [ section provided] TITLE CONCERNING PERMITS FROM THE DEPARTMENT FOR WATER WITHDRAWALS shall be deemed to nullify the requirements of [ Regulation 2, Chapter V] SECTION 5-1.22 of the State Sanitary Code, as in effect on [ January 1, 1960, that plans for a new water treatment plant for the treatment of an existing public water supply or for any addition to or modification of an existing water treatment plant, or for any addition to or modification of a public water supply system which will or may affect the quality of the public water supply, shall be submitted to and approved by the Commissioner of Health, which regulation has no application to a new or additional source or sources of public water supply of a permanent character which require a permit from the Department of Environmental Conservation under the provisions of this article] APRIL 25, 2001, AS AMENDED FROM TIME TO TIME. NO SUPPLIER OF WATER SHALL MAKE, INSTALL OR CONSTRUCT, OR ALLOW TO BE MADE, INSTALLED OR CONSTRUCTED, A PUBLIC WATER SUPPLY SYSTEM OR ANY ADDITION OR DELETION TO OR MODIFICATION OF A PUBLIC WATER SUPPLY SYSTEM UNTIL THE PLANS AND SPECIFICATIONS THEREFOR HAVE BEEN SUBMITTED TO AND APPROVED BY THE COMMISSIONER OF HEALTH OR HIS OR HER DESIGNEE. 5. THE DEPARTMENT SHALL PROMULGATE REGULATIONS TO IMPLEMENT A PERMIT TING PROGRAM FOR WATER WITHDRAWALS EQUAL TO OR GREATER THAN THE THRESH OLD VOLUME CONSISTENT WITH THE REQUIREMENTS OF THIS SECTION. SUCH REGU LATIONS WILL INCLUDE BUT ARE NOT LIMITED TO: (A) MINIMUM STANDARDS FOR CONSTRUCTION AND OPERATION OF WATER WITHDRAWAL SYSTEMS, (B) REPORTING AND RECORDKEEPING REQUIREMENTS, (C) REQUIREMENTS FOR PERSONS WHO OWN OR OPERATE PUBLIC WATER SUPPLY SYSTEMS TO ENSURE SAFE AND RELIABLE SERVICE TO USERS AND POTENTIAL USERS OF SUCH SYSTEMS, (D) PROTECTIONS FOR PRES ENT AND FUTURE NEEDS FOR SOURCES OF POTABLE WATER SUPPLY, AND (E) ANY OTHER CONDITIONS, LIMITATIONS AND RESTRICTIONS THAT THE DEPARTMENT DETERMINES ARE NECESSARY TO PROTECT THE ENVIRONMENT AND THE PUBLIC HEALTH, SAFETY AND WELFARE AND TO ENSURE THE PROPER MANAGEMENT OF THE WATERS OF THE STATE. 6. THE DEPARTMENT SHALL ESTABLISH A WATER CONSERVATION AND EFFICIENCY PROGRAM WITH THE GOALS OF (A) ENSURING IMPROVEMENT OF THE WATERS AND WATER DEPENDENT NATURAL RESOURCES, (B) PROTECTING AND RESTORING THE HYDROLOGIC AND ECOSYSTEM INTEGRITY OF WATERSHEDS THROUGHOUT THE STATE, (C) RETAINING THE QUANTITY OF SURFACE WATER AND GROUNDWATER IN THE STATE, (D) ENSURING SUSTAINABLE USE OF STATE WATERS, AND (E) PROMOTING THE EFFICIENCY OF USE AND REDUCING LOSSES AND WASTE OF WATER. 7. THE DEPARTMENT IS AUTHORIZED TO CONSOLIDATE EXISTING WATER SUPPLY PERMITS FOR A PUBLIC WATER SUPPLY SYSTEM INTO ONE PERMIT, AND MAY REQUIRE SUBMISSION OF AN APPLICATION FOR SUCH PERMIT WHERE THE DEPART S. 2697 20 MENT DETERMINES THAT SUCH ACTIONS ARE NECESSARY TO PROTECT THE ENVIRON MENT AND THE PUBLIC HEALTH, SAFETY AND WELFARE AND TO ENSURE THE PROPER MANAGEMENT OF THE WATERS OF THE STATE. 8. EACH PERSON WHO IS REQUIRED UNDER THIS SECTION TO HOLD A PERMIT SHALL ANNUALLY, ON A FORM PRESCRIBED BY THE DEPARTMENT, REPORT ALL INFORMATION REQUESTED BY THE DEPARTMENT, INCLUDING BUT NOT LIMITED TO WATER CONSERVATION PRACTICES AND MEASURES UNDERTAKEN DURING THE REPORT ING PERIOD. SUCH INFORMATION SHALL BE POSTED TO THE DEPARTMENT'S WEBSITE. 9. THE FOLLOWING WATER WITHDRAWALS ARE EXEMPT FROM THE PERMIT REQUIRE MENTS ESTABLISHED BY THIS SECTION: (A) WITHDRAWALS USED FOR FIRE SUPPRESSION OR PUBLIC EMERGENCY PURPOSES, (B) WITHDRAWALS SUBJECT TO THE PERMITTING REQUIREMENTS OF A COMPACT BASIN COMMISSION WHICH ADMINISTERS A PERMITTING PROGRAM GOVERNING SUCH WATER WITHDRAWALS, (C) CLOSED LOOP, STANDING COLUMN, OR SIMILAR NON-EXTRACTIVE GEOTHERMAL HEAT PUMPS; AND (D) WITHDRAWALS FOR WHICH A PERMIT HAS BEEN ISSUED PURSUANT TO THE REQUIREMENTS OF SECTION 15-1527 OF THIS TITLE. 10. NOTHING IN THIS CHAPTER SHALL RELIEVE AN APPLICANT FOR A WATER WITHDRAWAL PERMIT FROM FULL COMPLIANCE WITH THE PROVISIONS OF ARTICLE 8 OF THIS CHAPTER, RELATING TO ENVIRONMENTAL QUALITY REVIEW.
Section 15-1502 of the environmental conservation law is amended by adding nine new subdivisions 7, 8, 9, 10, 11, 12, 13, 14 and 15 to read as follows:
7. "COMPACT BASIN COMMISSION" SHALL MEAN AN INTERSTATE COMMISSION HAVING JURISDICTION WITH RESPECT TO THE REGULATION OF WATER RESOURCES WITHIN A BASIN IN THE STATE, CREATED BY INTERSTATE COMPACT OR FEDERAL INTERSTATE COMPACT, INCLUDING BUT NOT LIMITED TO, THE SUSQUEHANNA RIVER BASIN COMMISSION AND THE DELAWARE RIVER BASIN COMMISSION. 8. "INTERBASIN DIVERSION" SHALL MEAN THE WITHDRAWAL, DIVERSION, OR PUMPING OF SURFACE WATER FROM ONE SUBREGIONAL DRAINAGE BASIN OR THE WITHDRAWAL OF GROUNDWATER FROM A POINT LOCATED WITHIN OR BENEATH ONE SUBREGIONAL DRAINAGE BASIN AND RELEASE OF ALL OR ANY PART OF THE WATER IN ANOTHER SUBREGIONAL DRAINAGE BASIN. A SUBREGIONAL DRAINAGE BASIN IS DEFINED BY THE FOUR DIGIT HYDROLOGIC UNIT CODE OF THE UNITED STATES GEOLOGICAL SURVEY. 9. "PERSON" SHALL MEAN ANY INDIVIDUAL, PUBLIC OR PRIVATE CORPORATION, POLITICAL SUBDIVISION, GOVERNMENT AGENCY, DEPARTMENT OR BUREAU OF THE STATE, MUNICIPALITY, INDUSTRY, CO-PARTNERSHIP, ASSOCIATION, FIRM, TRUST, ESTATE OR ANY OTHER LEGAL ENTITY WHATSOEVER. 10. "POTABLE" SHALL MEAN WATER INTENDED FOR HUMAN CONSUMPTION THAT MEETS THE REQUIREMENTS ESTABLISHED BY 10 NYCRR 5-1. 11. "PUBLIC WATER SUPPLY SYSTEM" SHALL MEAN A PERMANENTLY INSTALLED WATER WITHDRAWAL SYSTEM INCLUDING ITS SOURCE, COLLECTION, PUMPING, TREATMENT, TRANSMISSION, STORAGE AND DISTRIBUTION FACILITIES USED IN CONNECTION WITH SUCH SYSTEM, WHICH PROVIDES PIPED WATER TO THE PUBLIC FOR POTABLE PURPOSES, IF SUCH SYSTEM HAS AT LEAST FIVE SERVICE CONNECTIONS USED BY YEAR-ROUND RESIDENTS. 12. "THRESHOLD VOLUME" SHALL MEAN THE WITHDRAWAL OF WATER OF A VOLUME OF FIFTY THOUSAND GALLONS OR MORE PER DAY, DETERMINED BY THE LIMITING MAXIMUM CAPACITY OF THE WATER WITHDRAWAL, TREATMENT, OR CONVEYANCE SYSTEM. 13. "ENVIRONMENTALLY SOUND AND ECONOMICALLY FEASIBLE WATER CONSERVA TION MEASURES" SHALL MEAN THOSE MEASURES, METHODS, TECHNOLOGIES OR PRAC TICES FOR EFFICIENT WATER USE AND FOR REDUCTION OF WATER LOSS AND WASTE OR FOR REDUCING A WITHDRAWAL OR DIVERSION THAT: (A) ARE ENVIRONMENTALLY SOUND, (B) REFLECT BEST PRACTICES APPLICABLE TO THE WATER USE SECTOR, S. 2697 21 (C) CONSIDER THE PARTICULAR FACILITIES AND PROCESSES INVOLVED, TAKING INTO ACCOUNT THE ENVIRONMENTAL IMPACT, AGE OF EQUIPMENT AND FACILITIES INVOLVED, THE PROCESSES EMPLOYED, ENERGY IMPACTS AND OTHER APPROPRIATE FACTORS, (D) ARE DESIGNED TO REDUCE THE DEMAND FOR WATER; (E) ARE DESIGNED TO IMPROVE EFFICIENCY IN WATER USE; (F) ARE DESIGNED TO REDUCE LEAKAGE, LOSSES AND WASTE OF WATER; (G) ARE DESIGNED TO IMPROVE REUSE AND RECYCLING OF WATER; AND (H) IMPROVE LAND MANAGEMENT PRACTICES TO CONSERVE WATER OR TO PRESERVE OR INCREASE GROUNDWATER RECHARGE. 14. "WATER WITHDRAWAL SYSTEM" SHALL MEAN A PHYSICAL INTERCONNECTED INFRASTRUCTURE OPERATED AND MAINTAINED FOR THE PROVISION OF WATER INCLUDING, BUT NOT LIMITED TO, COLLECTION, PUMPING, TREATMENT, TRANS MISSION, STORAGE AND DISTRIBUTION FACILITIES USED IN CONNECTION WITH THE WITHDRAWAL OF WATER. 15. "WITHDRAWAL" OR "WITHDRAWAL OF WATER" SHALL MEAN THE REMOVAL OR TAKING OF WATER FOR ANY PURPOSE FROM THE WATERS OF THE STATE.
Section 15-1503 of the environmental conservation law, as amended by chapter 364 of the laws of 1988, is amended to read as follows:
S 15-1503. Permits. 1. A permit application or request for a permit renewal or modifica tion shall be made on [
forms provided] A FORM PRESCRIBED by the depart ment and shall [ be accompanied by] CONTAIN ALL INFORMATION REQUESTED BY THE DEPARTMENT RELATIVE TO THE WATER WITHDRAWAL, USE AND DISCHARGE, INCLUDING BUT NOT LIMITED TO:
A. WITH RESPECT TO A PUBLIC WATER SUPPLY SYSTEM, proof of adequate authorization for the proposed project[
,]; B. such exhibits as may be necessary clearly to indicate the scope of the proposed project[ ,]; C. a map of any lands to be acquired [ and]; D. project plans[ . The application shall also indicate]; E. A STATEMENT OF the need for and the reasons why the proposed source or sources of supply were selected among the alternative sources which are or may become available[ ,] AND the adequacy of the supply selected [ and the method proposed to determine and provide for the proper compen- sation for any direct and indirect legal damages to persons or property that will result from the acquisition of any lands in connection with the proposed project or from the execution of the proposed project. The application shall also contain, in accordance with local water resource needs and conditions,]; AND F. a description of the applicant's PROPOSED near term and long range water conservation program THAT COMPLIES WITH ENVIRONMENTALLY SOUND AND ECONOMICALLY FEASIBLE WATER CONSERVATION MEASURES AS DEFINED IN THIS SECTION, including implementation [ and enforcement] procedures, effec tiveness to date and any planned modifications for the future. [ Such] FOR A PUBLIC WATER SUPPLY SYSTEM, THE WATER CONSERVATION program may include but [ shall] NEED not be limited to:
a.] I. the identification of and cost effectiveness of distribution system rehabilitation to correct sources of lost water; [ b.] II. measures which encourage proper maintenance and water conser vation; [ c.] III. a public information program to promote water conservation, including industrial and commercial recycling and reuse; [ d.] IV. household conservation measures; and [ e.] V. contingency measures for limiting water use during seasonal or drought shortages. If the proposed project provides for the use of water for potable purposes, the application shall also include adequate proof S. 2697 22 of the character and purity of the water supply to be acquired or used and the proposed method of treatment. G. ANY POTENTIAL INDIVIDUAL OR CUMULATIVE ADVERSE IMPACTS THAT MAY RESULT FROM THE PROPOSED WATER WITHDRAWAL. 2. [ In making its decision to grant or deny a permit or to grant a permit with conditions, the department shall determine whether the proposed project is justified by the public necessity, whether it takes proper consideration of other sources of supply that are or may become available, whether all work connected with the project will be proper and construction safe, whether the supply will be adequate, whether there will be proper protection of the supply and watershed or whether there will be proper treatment of any additional supply, whether the project is just and equitable to all affected municipalities and their inhabitants and in particular with regard to their present and future needs for sources of water supply, whether there is provision for fair and equitable determinations of and payments of any direct and indirect legal damages to persons or property that will result from the acquisi- tion of any lands in connection with the proposed project or from the execution of the proposed project, and whether the applicant has devel- oped and implemented a water conservation program in accordance with local water resource needs and conditions. If the proposed project is a multi-purpose project, in whole or in part authorized by a general plan adopted and approved pursuant to title 11 of this article, the depart- ment in addition shall determine if the proposed project is in conformi- ty with the general plan.] IN MAKING ITS DECISION TO GRANT OR DENY A PERMIT OR TO GRANT A PERMIT WITH CONDITIONS, THE DEPARTMENT SHALL ONLY ISSUE A PERMIT IF THE PROPOSED WITHDRAWAL MEETS THE FOLLOWING CRITERIA:
A. THE WITHDRAWAL WILL BE IMPLEMENTED SO AS TO ENSURE THAT THE PROPOSAL WILL RESULT IN NO SIGNIFICANT INDIVIDUAL OR CUMULATIVE ADVERSE IMPACTS TO THE QUANTITY OR QUALITY OF THE WATERS AND WATER DEPENDENT NATURAL RESOURCES AS DEFINED IN SECTION 1.2 OF ARTICLE 1 OF SECTION 21-1001 OF THIS CHAPTER; B. THE WITHDRAWAL WILL IMPLEMENT ENVIRONMENTALLY SOUND AND ECONOM ICALLY FEASIBLE WATER CONSERVATION MEASURES; C. THE WITHDRAWAL, WILL BE IMPLEMENTED SO AS TO ENSURE THAT IT IS IN COMPLIANCE WITH ALL APPLICABLE MUNICIPAL, STATE AND FEDERAL LAWS AS WELL AS REGIONAL INTERSTATE AND INTERNATIONAL AGREEMENTS; D. THE PROPOSED USE IS REASONABLE, BASED UPON CONSIDERATION OF THE FOLLOWING FACTORS:
I. WHETHER THE PROPOSED WITHDRAWAL IS PLANNED IN A FASHION THAT PROVIDES FOR EFFICIENT USE OF THE WATER, AND WILL AVOID OR MINIMIZE THE WASTE OF WATER; II. IF THE PROPOSAL IS FOR AN INCREASED WITHDRAWAL, WHETHER EFFICIENT USE IS MADE OF EXISTING WATER SUPPLIES AND WHETHER THE NEED FOR ALL OR PART OF THE PROPOSED WITHDRAWAL COULD BE REASONABLY AVOIDED THROUGH THE EFFICIENT USE AND CONSERVATION OF EXISTING WATER SUPPLIES; III. THE PROBABLE DEGREE AND DURATION OF ANY ADVERSE IMPACTS CAUSED OR EXPECTED TO BE CAUSED BY THE PROPOSED WITHDRAWAL UNDER FORESEEABLE CONDITIONS, TO OTHER LAWFUL CONSUMPTIVE OR NON-CONSUMPTIVE USES OF WATER OR TO THE QUANTITY OR QUALITY OF THE WATERS AND WATER DEPENDENT RESOURCES, AND THE PROPOSED PLANS AND ARRANGEMENTS FOR AVOIDANCE OR MITIGATION OF SUCH IMPACTS; E. THE PROPOSED WATER WITHDRAWAL TAKES PROPER CONSIDERATION OF OTHER SOURCES OF SUPPLY THAT ARE OR MAY BECOME AVAILABLE; F. THE QUANTITY OF SUPPLY WILL BE ADEQUATE FOR THE PROPOSED USE; S. 2697 23 G. THE PROPOSED WITHDRAWAL WILL NOT ADVERSELY IMPACT EXISTING GROUND OR SURFACE WATER USERS, WILL NOT ADVERSELY IMPACT THE NATURAL REPLENISH MENT OF THE WATER RESOURCES, WILL NOT CAUSE OR CONTRIBUTE TO A VIOLATION OF STATE WATER QUALITY STANDARDS, AND WILL NOT ADVERSELY IMPACT THE RELIABILITY AND SAFE YIELD OF HYDROLOGICALLY INTERCONNECTED WATER SOURC ES; H. THE PROPOSED WITHDRAWAL MAY RESULT IN SIGNIFICANT ADVERSE IMPACTS TO PROXIMATE MUNICIPALITIES AND THEIR INHABITANTS WITH REGARD TO THEIR PRESENT AND FUTURE NEEDS FOR SOURCES OF POTABLE WATER SUPPLY; I. THE NEED FOR ALL OR PART OF THE PROPOSED WATER WITHDRAWAL CANNOT BE REASONABLY AVOIDED THROUGH THE EFFICIENT USE AND CONSERVATION OF EXIST ING WATER SUPPLIES; J. THE PROPOSED WATER WITHDRAWAL IS LIMITED TO QUANTITIES THAT ARE CONSIDERED REASONABLE FOR THE PURPOSES FOR WHICH THE WATER USE IS PROPOSED; K. THE PROPOSED WATER WITHDRAWAL WILL BE IMPLEMENTED IN A MANNER THAT INCORPORATES ENVIRONMENTALLY SOUND AND ECONOMICALLY FEASIBLE WATER CONSERVATION MEASURES AS DEFINED IN THIS SECTION; L. THE PROPOSED WATER WITHDRAWAL WILL BE IMPLEMENTED IN A MANNER THAT IS CONSISTENT WITH APPLICABLE MUNICIPAL, STATE AND FEDERAL LAWS AS WELL AS REGIONAL INTERSTATE AND INTERNATIONAL AGREEMENTS; M. THE WITHDRAWAL IS CONSISTENT WITH THE STATE'S WATER CONSERVATION GOALS INCLUDING THE FOLLOWING:
I. APPLICATION OF BEST MANAGEMENT PRACTICES TO DETECT AND REPAIR WATER LEAKS; II. IDENTIFICATION AND INSTALLATION OF STATE-OF-THE-ART WATER-CONSERV ING FIXTURES; III. EMPLOYEE TRAINING REGARDING APPROPRIATE WATER CONSERVATION TECH NIQUES; IV. PUBLIC EDUCATION REGARDING WATER CONSERVATION IN CONNECTION WITH THE USE OF WATER FOR WHICH THE APPLICANT'S PERMIT IS GRANTED; AND V. OTHER WATER CONSERVATION MEASURES AND GOALS INCLUDING PRICING, CONSERVATION MEASURES, DROUGHT PROTECTION MEASURES, AND LIMITING UNAC COUNTED-FOR WATER; N. IF ANY OF THE ABOVE TERMS ARE NOT MET, THE DEPARTMENT SHALL REQUIRE THE APPLICANT TO ADJUST THE WATER WITHDRAWAL APPLICATION TO COMPLY WITH THE REQUIREMENTS OF THIS SUBSECTION. IF THE APPLICANT CHOOSES NOT TO ADJUST THE APPLICATION ACCORDINGLY, THE DEPARTMENT SHALL DENY THE APPLI CATION; O. FOR WATER WITHDRAWAL PROPOSALS WITHIN THE GREAT LAKES BASIN, ALL WATER WITHDRAWN WITHIN THE GREAT LAKES BASIN SHALL BE RETURNED, EITHER NATURALLY OR AFTER USE, TO THE SOURCE WATERSHED LESS AN ALLOWANCE FOR CONSUMPTIVE USE. 3. BEFORE DECIDING TO GRANT OR DENY AN APPLICATION FOR A WATER WITH DRAWAL PERMIT, AS SET FORTH UNDER THIS CHAPTER, THE DEPARTMENT SHALL PROVIDE A PUBLIC COMMENT PERIOD ON THE DRAFT AND ASSOCIATED DOCUMENTS (INCLUDING BUT NOT LIMITED TO THE PERMIT APPLICATION) OF NO LESS THAN THIRTY DAYS. FURTHER, THE DEPARTMENT SHALL PROVIDE THE OPPORTUNITY FOR A PUBLIC HEARING, UPON THIRTY DAYS NOTICE, WHENEVER IT DETERMINES THAT THERE MAY BE SIGNIFICANT PUBLIC INTEREST IN THE PROPOSED WATER WITH DRAWAL PERMIT. [
3.] 4. In order to assist the development of local water conservation plans FOR PUBLIC WATER SUPPLY SYSTEMS, the department shall[ , by the effective date of this subdivision,] CONTINUE TO publish and distribute a [ model local water conservation plan] WATER CONSERVATION MANUAL that includes beneficial near term and long range water conservation proce S. 2697 24 dures which reflect local water resource needs and conditions. Such plan shall include examples of:
a. methods of identifying and determining the cost effectiveness of distribution system rehabilitation to correct sources of lost water; b. measures which encourage proper maintenance and water conservation; c. a public information program to promote water conservation, includ ing industrial and commercial recycling and reuse; d. household conservation measures; and e. contingency measures for limiting water use during seasonal or drought shortages. [
4.] 5. The department may grant or deny a permit or grant a permit with such conditions as may be necessary to provide satisfactory compli ance by the applicant with the matters subject to department determi nation pursuant to subdivision [ 2] TWO of this section, or to bring into cooperation all persons or public corporations that may be affected by the project, but it shall make a reasonable effort to meet the needs of the applicant, with due regard to the actual or prospective needs, interests and rights of others that may be affected by the project. [ 5.] 6. The rules and regulations adopted by the department to imple ment this title and the provisions of article 70 of this chapter and rules and regulations adopted thereunder shall govern permit applica tions, renewals, modifications, suspensions and revocations under this title. 7. A NEW PERMIT FOR A WATER WITHDRAWAL SYSTEM SHALL BE VALID FOR A PERIOD OF TIME NOT TO EXCEED FIVE YEARS FROM THE DATE OF ISSUANCE, UPON WHICH TIME A REQUEST FOR A RENEWAL MUST BE FILED WITH THE DEPARTMENT. A RENEWAL SHALL BE VALID FOR A PERIOD OF TIME SPECIFIED BY THE DEPARTMENT NOT TO EXCEED FIVE YEARS. A PERMIT APPLICATION MUST BE FILED WITH THE DEPARTMENT UPON ANY TRANSFER OR CHANGE OF OWNERSHIP OF A WATER WITH DRAWAL SYSTEM. 8. ALL HOLDERS OF WATER WITHDRAWAL PERMITS ISSUED BY THE DEPARTMENT UNDER THIS LAW SHALL BE REQUIRED TO CONDUCT CONTINUOUS ON-SITE MONITOR ING OF WATER WITHDRAWAL VOLUMES USING MONITORING SYSTEMS APPROVED BY THE DEPARTMENT. SUCH RECORDS SHALL BE MADE AVAILABLE TO THE DEPARTMENT OR THE PUBLIC UPON REQUEST.
Section 15-1505 of the environmental conservation law, as amended by chapter 233 of the laws of 1979, is amended to read as follows:
S 15-1505. [
Water] INTERBASIN DIVERSIONS AND WATER supply to other states. 1. No person or public corporation shall transport or carry through pipes, conduits, ditches or canals the waters of any fresh water lake, pond, brook, river, stream, or creek in this state or any well, subsur face or percolating waters of this state into any other state for use therein without first obtaining a permit from the department pursuant to this title. 2. NO PERSON MAY MAKE A NEW OR INCREASED INTERBASIN DIVERSION OF WATER WHICH RESULTS IN A DIVERSION IN EXCESS OF ONE MILLION GALLONS PER DAY AS DETERMINED BY THE LIMITING MAXIMUM CAPACITY OF THE TREATMENT OR CONVEY ANCE SYSTEM, OR CONSTRUCT FACILITIES OR EQUIPMENT THEREFOR, UNTIL SUCH PERSON HAS REGISTERED SUCH DIVERSION WITH THE DEPARTMENT. NO LATER THAN ONE YEAR FROM THE EFFECTIVE DATE OF THIS SUBDIVISION, ALL EXISTING INTERBASIN DIVERSIONS OF WATER IN EXCESS OF ONE MILLION GALLONS PER DAY SHALL BE REGISTERED WITH THE DEPARTMENT. 3. THE DEPARTMENT IS AUTHORIZED TO ASSESS AN ANNUAL REGISTRATION FEE OF TWO HUNDRED DOLLARS FOR ALL PERSONS REQUIRED TO REGISTER AN INTERBA S. 2697 25 SIN DIVERSION. SUCH FEE SHALL BE PAID AT THE TIME OF REGISTRATION OR REGISTRATION RENEWAL. ALL FEES COLLECTED PURSUANT TO THIS SECTION SHALL BE PAID INTO THE ENVIRONMENTAL CONSERVATION SPECIAL REVENUE FUND TO THE CREDIT OF THE ENVIRONMENTAL REGULATORY ACCOUNT. THE REGISTRATION FEE SHALL NOT BE APPLICABLE TO AN INTERBASIN DIVERSION WHICH IS PART OF A WATER WITHDRAWAL SYSTEM FOR WHICH THE DEPARTMENT HAS ISSUED A PERMIT UNDER THIS TITLE. REGISTRATION SHALL BE RENEWED EVERY YEAR OR WHENEVER TITLE TO THE FACILITIES WHICH CREATE AN INTERBASIN DIVERSION IS TRANS FERRED, WHICHEVER OCCURS FIRST. REGISTRATION SHALL BE MADE ON FORMS PRESCRIBED BY THE DEPARTMENT AND SHALL CONTAIN ALL INFORMATION REQUESTED BY THE DEPARTMENT RELATIVE TO THE WATER WITHDRAWAL, USE AND DISCHARGE. EACH PERSON WHO IS REQUIRED UNDER THIS SECTION TO HOLD A REGISTRATION SHALL ANNUALLY, ON A FORM PRESCRIBED BY THE DEPARTMENT, REPORT ALL INFORMATION REQUESTED BY THE DEPARTMENT, INCLUDING THE AMOUNT OF WATER DIVERTED. SUCH INFORMATION SHALL BE POSTED ON THE DEPARTMENT'S WEBSITE. 4. NO PERSON SHALL BE AUTHORIZED TO MAKE A NEW OR INCREASED INTERBASIN DIVERSION WHICH RESULTS IN A SIGNIFICANT ADVERSE IMPACT ON THE WATER QUANTITY OF THE SOURCE SUBREGIONAL DRAINAGE BASIN. 5. AN INTERBASIN DIVERSION WILL ONLY BE PERMITTED AND IMPLEMENTED SO AS TO ENSURE THAT IT IS IN COMPLIANCE WITH ALL APPLICABLE MUNICIPAL, STATE, AND FEDERAL LAWS AS WELL AS REGIONAL INTERSTATE AND INTERNATIONAL AGREEMENTS. IN THE GREAT LAKES BASIN ALL INTERBASIN DIVERSIONS WILL COMPLY WITH THE GREAT LAKES - ST. LAWRENCE RIVER BASIN WATER RESOURCES COMPACT.
Section 15-1521 of the environmental conservation law, as amended by chapter 233 of the laws of 1979, is amended to read as follows:
S 15-1521. Supply of water to other public water supply systems. On any application for a new or additional WITHDRAWAL OF WATER FOR A PUBLIC water supply [
or source of water supply], the department may require or authorize [ any] THE applicant to make provisions for the supply and to supply PUBLIC water to any area of the state which as determined by the department in its decision on that application proper ly should be supplied with PUBLIC water from the source or sources of water supply sought by the applicant. The owner or operator of any existing or proposed [ water works] PUBLIC WATER SUPPLY system within such area may apply to the department for a permit to take water from that source of water supply or from any part of the PUBLIC water supply system of the applicant supplied in whole or in part from that source. If the department so requires, or if it grants a permit, it shall be the duty of the applicant so to supply water, subject to such requirements as the department may impose. The amount of water so to be taken and the price to be paid therefor may be agreed upon between the applicant and the taker of the water, or if they cannot agree, fair and reasonable amounts and rates shall be, after due hearings thereon, fixed by the department, provided however, that such department shall have no power to fix rates in any case where the Public Service Commission has such power, and provided further, that nothing in this section contained shall be construed as diminishing the powers of said Public Service Commission in respect to rates of water works companies subject to its jurisdiction. Any such agreement or determination of the department may from time to time be modified by further agreement between the parties affected thereby or by the further order of the department.
Section 15-1529 of the environmental conservation law is amended to read as follows:
S. 2697 26
S 15-1529. [
Final approval of work] APPROVAL OF COMPLETED WATER WITH DRAWAL SYSTEMS. [ Before any project authorized to be developed or carried out under this title 15 shall be operated, it must, as completed, have been approved by the department] THE CONSTRUCTION OF ANY NEW OR MODIFIED WATER WITHDRAWAL SYSTEM AUTHORIZED UNDER THIS TITLE SHALL BE UNDER THE GENERAL SUPERVISION OF A PERSON OR FIRM LICENSED TO PRACTICE PROFES SIONAL ENGINEERING IN THE STATE. UPON COMPLETION OF CONSTRUCTION, SUCH PERSON OR FIRM SHALL CERTIFY TO THE DEPARTMENT AND THE OWNER THAT THE WATER WITHDRAWAL SYSTEM HAS BEEN FULLY COMPLETED IN ACCORDANCE WITH THE APPROVED ENGINEERING REPORT, PLANS AND SPECIFICATIONS, AND THE PERMIT ISSUED BY THE DEPARTMENT PURSUANT TO THIS TITLE. THE OWNER SHALL NOT COMMENCE OPERATION OF THE NEW OR MODIFIED WATER WITHDRAWAL SYSTEM PRIOR TO THE DEPARTMENT RECEIVING SUCH CERTIFICATE AND BEFORE APPROVAL, IF NECESSARY, BY THE DEPARTMENT OF HEALTH OR ITS DESIGNEE.
S 24. The environmental conservation law is amended by adding a new section 15-1531 to read as follows:
S 15-1531. REPORTING. THE COMMISSIONER SHALL, WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SECTION, AND THEREAFTER AS OFTEN AS THE COMMISSIONER DEEMS APPROPRIATE, REPORT TO THE GOVERNOR AND THE LEGISLATURE ON THE IMPLEMENTATION OF THIS TITLE. THE REPORT MAY INCLUDE BUT NEED NOT BE LIMITED TO RECOMMENDATIONS FOR MODIFICATIONS TO THIS TITLE, INCLUDING BUT NOT LIMITED TO MODIFICA TIONS TO THE THRESHOLD VOLUME PROVIDED IN THIS TITLE FOR PARTICULAR WATER SOURCES, WATERSHEDS, WATER BODIES OR REGIONS, WHERE THE DEPARTMENT HAS DETERMINED THAT SUCH WATER SOURCES, WATERSHEDS, WATER BODIES OR REGIONS ARE IN NEED OF SPECIAL PROTECTION BECAUSE OF THE NATURE OR VOLUME OF DEMANDS MADE UPON THEM AND A MODIFICATION IS NECESSARY TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE.
S 25. Title 33 of article 15 of the environmental conservation law is REPEALED and a new title 33 is added to read as follows:
TITLE 33 WATER USE STANDARDS SECTION 15-3301. WATER USE STANDARDS.
S 15-3301. WATER USE STANDARDS. THE DEPARTMENT SHALL ADOPT RULES ESTABLISHING WATER USE STANDARDS FOR MAINTAINING IN-STREAM FLOWS THAT ARE PROTECTIVE OF AQUATIC LIFE AND OTHER USES AND THAT ESTABLISH CRITERIA FOR DESIGNATING WATERSHEDS MOST AT RISK FROM CUMULATIVE WATER USE. STANDARDS ADOPTED UNDER THIS SECTION MUST BE BASED ON THE NATURAL VARIATION OF FLOWS AND WATER LEVELS, ALLOW ING FOR VARIANCES IF USE WILL STILL BE PROTECTIVE OF WATER QUALITY WITH IN THAT CLASSIFICATION.
S 26. Subdivision 1 of section 71-1127 of the environmental conserva tion law, as amended by chapter 640 of the laws of 1977, is amended to read as follows:
1. Any person who violates any of the provisions of, or who fails to perform any duty imposed by article 15 except section 15-1713, or who violates or who fails to comply with any rule, regulation, determination or order of the department heretofore or hereafter promulgated pursuant to article 15 except section 15-1713, or any condition of a permit issued pursuant to article 15 of this chapter, or any determination or order of the former water resources commission or the [
Department of Environmental Conservation] DEPARTMENT heretofore promulgated pursuant to former article 5 of the Conservation Law, shall be liable for a civil penalty of not more than TWO THOUSAND five hundred dollars for such violation and an additional civil penalty of not more than [ one] FIVE S. 2697 27 hundred dollars for each day during which such violation continues, and, in addition thereto, such person may be enjoined from continuing such violation as otherwise provided in article 15 except section 15-1713.
S 27. Article 72 of the environmental conservation law is amended by adding a new title 8 to read as follows:
TITLE 8 WATER SUPPLY PERMIT PROGRAM FEES SECTION 72-0801. DEFINITIONS. 72-0802. WATER SUPPLY PERMIT PROGRAM FEES.
S 72-0801. DEFINITIONS. WHEN USED IN THIS TITLE:
1. "AGRICULTURAL PURPOSE" SHALL MEAN THE PRACTICE OF FARMING FOR CROPS, PLANTS, VINES AND TREES; AND THE KEEPING, GRAZING, OR FEEDING OF LIVESTOCK FOR SALE OF LIVESTOCK OR LIVESTOCK PRODUCTS. 2. "PUBLIC WATER SUPPLY PURPOSE" SHALL MEAN WATER USE BY A PUBLIC WATER SUPPLY SYSTEM. 3. "WATER SUPPLY PERMIT PROGRAM" MEANS THOSE ACTIVITIES OF THE DEPART MENT AS SPECIFIED IN TITLE FIFTEEN OF ARTICLE FIFTEEN OF THIS CHAPTER RELATED TO THE WITHDRAWAL OF WATERS OF THE STATE AND ANY RELATED ENFORCEMENT ACTIVITIES.
S 72-0802. WATER SUPPLY PERMIT PROGRAM FEES. 1. EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE, ALL PERSONS, EXCEPT A POLITICAL SUBDIVISION OF THE STATE, OR AN AGENCY, DEPARTMENT, BUREAU, PUBLIC AUTHORITY OF THE STATE, OR PERSONS MAKING WITHDRAWALS FOR AN AGRICULTURAL PURPOSE WHO ARE TO OBTAIN A PERMIT PURSUANT TO THE WATER SUPPLY PERMIT PROGRAM SHALL SUBMIT ANNUALLY TO THE DEPARTMENT A FEE, FOR EACH WATER WITHDRAWAL SYSTEM, IN AN AMOUNT TO BE DETERMINED AS FOLLOWS:
A. FIFTY DOLLARS FOR A WATER WITHDRAWAL SYSTEM WITH A CAPACITY OF LESS THAN ONE MILLION GALLONS PER DAY, USED PRIMARILY FOR PUBLIC WATER SUPPLY PURPOSES; B. ONE HUNDRED TWENTY-FIVE DOLLARS FOR A WATER WITHDRAWAL SYSTEM WITH A CAPACITY OF BETWEEN ONE MILLION AND NINE MILLION NINE HUNDRED NINETY NINE THOUSAND NINE HUNDRED NINETY-NINE GALLONS PER DAY, USED PRIMARILY FOR PUBLIC WATER SUPPLY PURPOSES; C. TWO HUNDRED FIFTY DOLLARS FOR A WATER WITHDRAWAL SYSTEM WITH A CAPACITY OF TEN MILLION GALLONS PER DAY OR MORE, USED PRIMARILY FOR PUBLIC WATER SUPPLY PURPOSES; D. TWO HUNDRED FIFTY DOLLARS FOR A WATER WITHDRAWAL SYSTEM WITH A CAPACITY OF BETWEEN FIFTY THOUSAND AND NINETY-NINE THOUSAND NINE HUNDRED NINETY-NINE GALLONS PER DAY, FOR ANY AND ALL USES WHICH ARE NOT PRIMARI LY FOR AGRICULTURAL OR PUBLIC WATER SUPPLY PURPOSES; E. FIVE HUNDRED FIFTY DOLLARS FOR A WATER WITHDRAWAL SYSTEM WITH A CAPACITY OF BETWEEN ONE HUNDRED THOUSAND AND ONE HUNDRED THOUSAND NINE HUNDRED NINETY-NINE GALLONS PER DAY, FOR ANY AND ALL USES WHICH ARE NOT PRIMARILY FOR AGRICULTURAL OR PUBLIC WATER SUPPLY PURPOSES; F. ONE THOUSAND DOLLARS FOR A WATER WITHDRAWAL SYSTEM WITH A CAPACITY OF BETWEEN TWO HUNDRED FIFTY THOUSAND GALLONS AND FOUR HUNDRED NINETY-NINE THOUSAND NINE HUNDRED NINETY-NINE GALLONS PER DAY, FOR ANY AND ALL USES WHICH ARE NOT PRIMARILY FOR AGRICULTURAL OR PUBLIC WATER SUPPLY PURPOSES; G. TWO THOUSAND FIVE HUNDRED DOLLARS FOR A WATER WITHDRAWAL SYSTEM WITH A CAPACITY OF BETWEEN FIVE HUNDRED THOUSAND GALLONS AND NINE HUNDRED NINETY-NINE THOUSAND NINE HUNDRED NINETY-NINE GALLONS PER DAY, FOR ANY AND ALL USES WHICH ARE NOT PRIMARILY FOR AGRICULTURAL OR PUBLIC WATER SUPPLY PURPOSES; S. 2697 28 H. FIVE THOUSAND DOLLARS FOR A WATER WITHDRAWAL SYSTEM WITH A CAPACITY OF BETWEEN ONE MILLION AND NINE MILLION NINE HUNDRED NINETY-NINE THOU SAND NINE HUNDRED NINETY-NINE GALLONS PER DAY, FOR ANY AND ALL USES WHICH ARE NOT PRIMARILY FOR AGRICULTURAL OR PUBLIC WATER SUPPLY PURPOSES; I. SEVEN THOUSAND FIVE HUNDRED DOLLARS FOR A WATER WITHDRAWAL SYSTEM WITH A CAPACITY OF BETWEEN TEN MILLION AND FORTY-NINE MILLION NINE HUNDRED NINETY-NINE THOUSAND NINE HUNDRED NINETY-NINE GALLONS PER DAY, FOR ANY AND ALL USES WHICH ARE NOT PRIMARILY FOR AGRICULTURAL OR PUBLIC WATER SUPPLY PURPOSES; J. TEN THOUSAND DOLLARS FOR A WATER WITHDRAWAL SYSTEM WITH A CAPACITY OF FIFTY MILLION GALLONS PER DAY OR MORE, FOR ANY AND ALL USES WHICH ARE NOT PRIMARILY FOR AGRICULTURAL OR PUBLIC WATER SUPPLY PURPOSES. 2. FOR THE PURPOSE OF DETERMINING THE APPROPRIATE FEE REQUIRED BY SUBDIVISION ONE OF THIS SECTION, THE AMOUNT OF RECLAIMED WASTEWATER, WHICH A PERSON WITHDRAWS FOR REUSE, SHALL NOT BE INCLUDED IN THE TOTAL CAPACITY OF THE WATER WITHDRAWAL. 3. ALL FEES COLLECTED PURSUANT TO THIS ARTICLE SHALL BE PAID INTO THE ENVIRONMENTAL CONSERVATION SPECIAL REVENUE FUND TO THE CREDIT OF THE ENVIRONMENTAL REGULATORY ACCOUNT.
S 28. This act shall take effect immediately; provided, however that section twenty-five of this act shall take effect upon the completion of rule-making required in subdivision 3 of section 15-1501 of the environ mental conservation law and provided that the commissioner of the department of environmental conservation shall notify the legislative bill drafting commission upon the occurrence of the enactment of the rules required under subdivision 3 of section 15-1501 of the environ mental conservation law in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law.