Bill Text: NY A03102 | 2017-2018 | General Assembly | Introduced
Bill Title: Assigns liability to a producer for actions leading to a public water system's failure to meet filtration avoidance criteria resulting in the loss of a filtration avoidance criteria waiver.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2018-01-03 - referred to environmental conservation [A03102 Detail]
Download: New_York-2017-A03102-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3102 2017-2018 Regular Sessions IN ASSEMBLY January 26, 2017 ___________ Introduced by M. of A. COLTON, WEPRIN, ROSENTHAL, COOK -- Multi-Spon- sored by -- M. of A. RIVERA, WALKER -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law and the public health law, in relation to assigning liability to a producer for actions leading to a public water system's failure to meet filtration avoid- ance criteria The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The environmental conservation law is amended by adding a 2 new section 23-0315 to read as follows: 3 § 23-0315. Producer's liability; filtration arbitration determination 4 waivers. 5 1. A producer, as defined in section 23-0101 of this article, granted 6 a permit pursuant to the provisions of this article, for the explora- 7 tion, drilling or development of wells that produce oil, gas, salt or 8 hydrocarbon mixture, shall be held liable for actions, performed or 9 completed while in the process of exploration, drilling or development 10 of a well, that directly result in the failure of a public water system 11 to meet all of the existing filtration avoidance criteria established by 12 40 C.F.R. § 141.71 and any other federal or state rules or regulations, 13 and further results in the failure of such public water system to 14 receive or renew a filtration avoidance determination waiver. 15 2. Any person who violates the provisions of this section shall be 16 liable for such civil penalties or sanctions as provided in section 17 71-1307 of this chapter, and for any additional civil damages or fines 18 associated to such violation. 19 3. The commissioner shall order an immediate suspension of explora- 20 tion, drilling or development operations whenever such actions are in 21 violation of this section. Any order issued pursuant to this subdivision 22 shall be reviewed upon application of an aggrieved party by means of an EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00608-01-7A. 3102 2 1 order to show cause which order shall be issued by any justice of the 2 supreme court in the judicial district in which any order applies and 3 shall be returnable on the third succeeding business day following the 4 issuance of such order. Service of such show cause order shall be made 5 upon the regional office of the department for the region in which such 6 order applies, and upon the attorney general by delivery of such order 7 to an assistant attorney general at an office of the attorney general in 8 the county in which venue of the proceeding is designated, or if there 9 is no office of the attorney general within such county, at the office 10 of the attorney general nearest such county. Except as hereinabove spec- 11 ified, the proceeding to review an order shall be governed by article 12 seventy-eight of the civil practice law and rules. Nothing in this 13 section shall be construed to restrict the commissioner's abatement 14 powers as provided in sections 71-0301 and 3-0301 of this chapter. 15 § 2. The public health law is amended by adding a new section 1170 to 16 read as follows: 17 § 1170. Producer's liability; filtration arbitration determination 18 waivers. 1. A producer, as defined in section 23-0101 of the environ- 19 mental conservation law, granted a permit pursuant to the provisions of 20 such chapter, for the exploration, drilling or development of wells that 21 produce oil, gas, salt or hydrocarbon mixture, shall be held liable for 22 actions, performed or completed while in the process of exploration, 23 drilling or development of a well, that directly result in the failure 24 of a public water system to meet all of the existing filtration avoid- 25 ance criteria established by 40 C.F.R. § 141.71 and any other federal or 26 state rules or regulations, and further results in the failure of such 27 public water system to receive or renew a filtration avoidance determi- 28 nation waiver. 29 2. Any person who violates the provisions of this section shall be 30 liable for such civil penalties or sanctions as provided in section 31 71-1307 of the environmental conservation law, and for any additional 32 civil damages or fines associated to such violation. 33 3. The commissioner of environmental conservation shall order an imme- 34 diate suspension of exploration, drilling or development operations 35 whenever such actions are in violation of this section. Any order issued 36 pursuant to this subdivision shall be reviewed upon application of an 37 aggrieved party by means of an order to show cause which order shall be 38 issued by any justice of the supreme court in the judicial district in 39 which any order applies and shall be returnable on the third succeeding 40 business day following the issuance of such order. Service of such show 41 cause order shall be made upon the regional office of the department of 42 environmental conservation for the region in which such order applies, 43 and upon the attorney general by delivery of such order to an assistant 44 attorney general at an office of the attorney general in the county in 45 which venue of the proceeding is designated, or if there is no office of 46 the attorney general within such county, at the office of the attorney 47 general nearest such county. Except as hereinabove specified, the 48 proceeding to review an order shall be governed by article seventy-eight 49 of the civil practice law and rules. Nothing in this section shall be 50 construed to restrict the commissioner of environmental conservation's 51 abatement powers as provided in sections 71-0301 and 3-0301 of the envi- 52 ronmental conservation law. 53 § 3. This act shall take effect immediately.
