Bill Text: NY A03806 | 2013-2014 | General Assembly | Introduced
Bill Title: Expands local jurisdiction over the extraction of natural gas and oil; limits state jurisdiction to matters directly related to on-site drilling; repeals provisions related to compulsory integration and utilization in oil and natural gas pools and fields.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Introduced - Dead) 2013-01-29 - referred to environmental conservation [A03806 Detail]
Download: New_York-2013-A03806-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3806
2013-2014 Regular Sessions
I N A S S E M B L Y
January 29, 2013
___________
Introduced by M. of A. MAISEL, ENGLEBRIGHT, COLTON, ROSENTHAL, BRENNAN
-- read once and referred to the Committee on Environmental Conserva-
tion
AN ACT to amend the environmental conservation law, in relation to
extraction of oil and gas; and to repeal section 23-0901 of such law
relating to compulsory integration and utilization in oil and natural
gas pools and fields
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 23-0301 of the environmental conservation law, as
2 amended by chapter 410 of the laws of 1987, is amended to read as
3 follows:
4 S 23-0301. Declaration of policy.
5 [It] NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, IT is hereby
6 declared to be in the public interest to regulate the development,
7 production and utilization of natural resources of oil and gas in this
8 state in such a manner as will [prevent waste] PROTECT THE ENVIRONMENT
9 AND PUBLIC HEALTH OF THE RESIDENTS OF THE STATE, PROVIDE FOR THE DEVEL-
10 OPMENT AND EXTRACTION OF OIL AND GAS IN A SOUND ENVIRONMENTAL MANNER
11 THAT PREVENTS CONTAMINATION OF LAND AND WATER RESOURCES, AND PROVIDE FOR
12 THE ENVIRONMENTALLY SOUND MANAGEMENT AND DISPOSAL OF WASTE PRODUCTS
13 RESULTING FROM THESE EXTRACTION ACTIVITIES; to authorize and to provide
14 for the operation and development of oil and gas properties in such a
15 manner that a greater ultimate recovery of oil and gas may be had[, and]
16 WITHOUT CREATING ADDITIONAL HARM OR CONTAMINATION TO THE ENVIRONMENT,
17 that the correlative rights of all SURFACE LAND AND MINERAL RIGHTS
18 owners and the rights of all persons including landowners and the gener-
19 al public may be fully protected[,]; TO PROVIDE FOR THE FULL INVOLVEMENT
20 AND AUTHORITY OF LOCAL GOVERNMENT IN ALL DECISIONS RELATING TO THEIR
21 POWERS FOR LAND USE PLANNING, ZONING, REAL PROPERTY TAXATION AND LOCAL
22 ROADS; TO EMPOWER THE DEPARTMENT TO RETAIN JURISDICTION ONLY FOR ACTIV-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08009-01-3
A. 3806 2
1 ITIES DIRECTLY RELATED TO THE ON-SITE DRILLING AND EXTRACTION OF GAS AND
2 OIL; and to provide in similar fashion for the underground storage of
3 gas, the solution mining of salt and geothermal, stratigraphic and brine
4 disposal wells.
5 S 2. Subdivision 2 of section 23-0303 of the environmental conserva-
6 tion law, as added by chapter 846 of the laws of 1981, is amended to
7 read as follows:
8 2. The provisions of this article shall [supersede all local laws or
9 ordinances relating to the regulation of the oil, gas and solution
10 mining industries; but shall] not supersede local government jurisdic-
11 tion over LAND USE PLANNING, ZONING, local roads or the rights of local
12 governments under the real property tax law.
13 S 3. Section 23-0901 of the environmental conservation law is
14 REPEALED.
15 S 4. This act shall take effect immediately.
