S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          780
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by M. of A. LIFTON, CAHILL, JAFFEE, O'DONNELL, TITONE, MILL-
         MAN, MAISEL, SCHIMEL, GLICK, GOTTFRIED, WEISENBERG --  read  once  and
         referred to the Committee on Environmental Conservation
       AN  ACT  to amend the environmental conservation law, in relation to the
         powers and duties of the commissioner and the department  of  environ-
         mental conservation relating to the pollution of fresh water supplies
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph d of subdivision 8 and paragraph b of subdivision
    2  9 of section 23-0305 of the environmental conservation law,  as  amended
    3  by chapter 846 of the laws of 1981, are amended to read as follows:
    4    d. Require the drilling, casing, operation, plugging and replugging of
    5  wells  and  reclamation of surrounding land in accordance with rules and
    6  regulations of the department in such manner as to prevent or remedy the
    7  following, including but not limited to: the escape of oil,  gas,  brine
    8  or  water  out  of one stratum into another; the intrusion of water into
    9  oil or gas strata other than during enhanced  recovery  operations;  the
   10  pollution  of  fresh  water  supplies  by  oil, gas, salt water or other
   11  contaminants; and blowouts, cavings, seepages and fires.  THE RULES  AND
   12  REGULATIONS  PROMULGATED  BY  THE  DEPARTMENT  TO  PREVENT OR REMEDY THE
   13  POLLUTION OF FRESH WATER SUPPLIES BY  OIL,  GAS,  SALT  WATER  OR  OTHER
   14  CONTAMINANTS SHALL APPLY EQUALLY TO ALL WELLS IN THE STATE.
   15    b.  Require  the  drilling, casing, operation and plugging of wells in
   16  accordance with rules and regulations of the department in such a manner
   17  as to prevent the loss or escape of oil or gas reserves to  the  surface
   18  or  to other strata; the intrusion of brine or water into commercial oil
   19  or gas reserves; the pollution of fresh water supplies by  oil,  gas  or
   20  salt  water,  and  to facilitate the efficient use of ground and surface
   21  waters in solution mining.  THE RULES AND REGULATIONS PROMULGATED BY THE
   22  DEPARTMENT TO PREVENT OR REMEDY THE POLLUTION OF FRESH WATER SUPPLIES BY
   23  OIL, GAS, SALT WATER OR OTHER CONTAMINANTS SHALL APPLY  EQUALLY  TO  ALL
   24  WELLS IN THE STATE.
   25    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02452-01-3