Bill Text: NY S01908 | 2011-2012 | General Assembly | Introduced


Bill Title: Relates to oil and gas drilling in Allegany State Park.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION [S01908 Detail]

Download: New_York-2011-S01908-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1908
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 14, 2011
                                      ___________
       Introduced  by  Sens. SERRANO, PARKER -- read twice and ordered printed,
         and when printed to be committed to the Committee on Cultural Affairs,
         Tourism, Parks and Recreation
       AN ACT to amend the parks, recreation and historic preservation law,  in
         relation to oil and gas drilling in Allegany state park
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The parks, recreation  and  historic  preservation  law  is
    2  amended by adding a new section 13.31 to read as follows:
    3    S  13.31  OIL AND GAS DRILLING IN ALLEGANY STATE PARK.  1. LEGISLATIVE
    4  FINDINGS AND DECLARATION. THE LEGISLATURE FINDS AND DECLARES THAT  ALLE-
    5  GANY  STATE  PARK  HARBORS  UNIQUE  AND IRREPLACEABLE NATURAL AND SCENIC
    6  RESOURCES AND PROVIDES AN EXTENSIVE VARIETY OF RECREATIONAL  AND  EDUCA-
    7  TIONAL  OPPORTUNITIES  FOR  NEW YORK RESIDENTS AND VISITORS. THE PARK IS
    8  LOCATED IN A GEOLOGICALLY DISTINCT, UNGLACIATED AREA WITH UNIQUE TERRES-
    9  TRIAL, FRESHWATER AND OLD GROWTH FOREST ECOSYSTEMS THAT WARRANT  SPECIAL
   10  PROTECTION,  AND  IS  HOME  TO  NUMEROUS RARE, THREATENED AND ENDANGERED
   11  SPECIES OF PLANTS AND WILDLIFE. THE PARK'S SIXTY-FIVE THOUSAND ACRES ARE
   12  THE LARGEST TRACT OF INTACT, UNFRAGMENTED FOREST  LAND  IN  THE  WESTERN
   13  HALF  OF  THE STATE, INCLUDING MATURE SECOND-GROWTH AS WELL AS EXTENSIVE
   14  OLD-GROWTH FORESTS. THESE FEATURES ARE AN INVALUABLE  AND  IRREPLACEABLE
   15  PART  OF  THE  STATE'S  NATURAL HERITAGE WHICH THE STATE IS OBLIGATED TO
   16  PRESERVE FOR FUTURE GENERATIONS.
   17    THE LEGISLATURE FURTHER FINDS AND DECLARES THAT A UNIQUE  CIRCUMSTANCE
   18  EXISTS  IN  ALLEGANY STATE PARK WHEREBY PRIVATE ENTITIES CONTROL SUBSUR-
   19  FACE OIL AND GAS RIGHTS BENEATH PORTIONS OF THE PARK. OWNERSHIP OF  SUCH
   20  SUBSURFACE OIL AND GAS RIGHTS WAS SEVERED AND RETAINED IN PRIVATE OWNER-
   21  SHIP  PRIOR  TO THE ACQUISITION AND CREATION OF THE PARK BY THE STATE OF
   22  NEW YORK IN THE EARLY TWENTIETH CENTURY.  IT  IS  THE  PURPOSE  OF  THIS
   23  SECTION  TO ENSURE THAT ANY EXPLORATION, DRILLING, OR PRODUCTION ASSOCI-
   24  ATED WITH PRIVATELY-CONTROLLED OIL AND GAS RIGHTS WITHIN ALLEGANY  STATE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00398-01-1
       S. 1908                             2
    1  PARK,  INCLUDING ALL ACTIVITIES NECESSARY TO OBTAIN ACCESS TO SUBSURFACE
    2  OIL AND GAS, BE UNDERTAKEN WITH  THE  STRICTEST  POSSIBLE  OVERSIGHT  TO
    3  MINIMIZE ADVERSE IMPACTS ON THE PARK'S NATURAL, SCENIC, AND RECREATIONAL
    4  RESOURCES  AND  THE PUBLIC'S ACCESS TO THEM AND ENJOYMENT THEREOF. IT IS
    5  INTENDED THAT THE PROVISIONS OF THIS SECTION BE LIBERALLY CONSTRUED  AND
    6  APPLIED IN FURTHERANCE OF THIS PURPOSE.
    7    THE LEGISLATURE FINDS AND DECLARES THAT THE PROVISIONS OF THIS SECTION
    8  HAVE  BEEN  ENACTED  PURSUANT  TO  THE  STATUTORILY-MANDATED DUTY OF THE
    9  OFFICE TO PROVIDE FOR THE HEALTH, SAFETY AND WELFARE OF THE PUBLIC USING
   10  FACILITIES UNDER  ITS  JURISDICTION.  THE  LEGISLATURE  FINDS  THAT  THE
   11  PROVISIONS  OF  THIS SECTION CONSTITUTE REASONABLE RESTRICTIONS UPON THE
   12  EXERCISE OF PRIVATELY-CONTROLLED OIL AND GAS RIGHTS  IN  FURTHERANCE  OF
   13  THE  STATE'S  SOVEREIGN POWER AND DUTY TO HOLD PUBLIC PARKLANDS IN TRUST
   14  FOR THE BENEFIT OF THE PEOPLE OF THE STATE.
   15    2. SURFACE ACCESS PERMIT. NO  DRILLING,  ROAD  BUILDING,  CLEARING  OF
   16  VEGETATION,  OR  OTHER  ACTIVITY  IN  FURTHERANCE  OF THE EXPLORATION OR
   17  PRODUCTION OF PRIVATELY-CONTROLLED OIL OR GAS RIGHTS BENEATH STATE OWNED
   18  LAND WITHIN ALLEGANY STATE PARK SHALL BE UNDERTAKEN EXCEPT  PURSUANT  TO
   19  THE  TERMS  OF  A SURFACE ACCESS PERMIT ISSUED BY THE OFFICE PURSUANT TO
   20  THIS SECTION. AN APPLICATION FOR SUCH PERMIT SHALL  BE  FILED  WITH  THE
   21  OFFICE  CONCURRENT  WITH  THE  APPLICATION TO THE DEPARTMENT OF ENVIRON-
   22  MENTAL CONSERVATION FOR A PERMIT TO DRILL AN OIL OR GAS WELL  AND  SHALL
   23  INCLUDE AT A MINIMUM:
   24    (A) PROOF SATISFACTORY TO THE OFFICE OF THE APPLICANT'S LEGAL RIGHT TO
   25  RECOVER  OIL OR GAS RESOURCES BENEATH STATE OWNED LAND, INCLUDING COPIES
   26  OF TITLE REPORTS AND, WHERE APPLICABLE, LEASES WITH TITLE HOLDERS, AND A
   27  BOUNDARY SURVEY COMPLETED BY A LICENSED SURVEYOR OF THE AFFECTED AREA;
   28    (B) A MAP IDENTIFYING THE PROPOSED LOCATION OF EACH OIL  OR  GAS  WELL
   29  FOR WHICH AN APPLICATION FOR A DRILLING PERMIT HAS BEEN SUBMITTED TO THE
   30  DEPARTMENT OF ENVIRONMENTAL CONSERVATION;
   31    (C)  A  GENERAL DESCRIPTION OF THE PROPOSED OIL OR GAS EXPLORATION AND
   32  PRODUCTION ACTIVITIES;
   33    (D) IDENTIFICATION OF THE AMOUNT OF WATER NEEDED AND ITS SOURCES;
   34    (E) A DETAILED DESCRIPTION OF ALL SURFACE DISTURBANCE ASSOCIATED  WITH
   35  THE PROPOSED EXPLORATION AND PRODUCTION OF OIL OR GAS, INCLUDING BUT NOT
   36  LIMITED  TO THE LOCATION OF ALL PROPOSED ROAD CONSTRUCTION, ALL PROPOSED
   37  WELL DRILLING LOCATIONS, AND THE LOCATION AND AMOUNT  OF  PROPOSED  TREE
   38  AND VEGETATION REMOVAL, AND THE METHODS TO BE USED IN SUCH ACTIVITIES;
   39    (F)  A  DESCRIPTION OF HOW PRODUCED OIL OR GAS WILL BE TRANSPORTED OUT
   40  OF THE PARK, INCLUDING A DETAILED DESCRIPTION OF  THE  CONSTRUCTION  AND
   41  LOCATION OF ALL PROPOSED TRANSMISSION LINES;
   42    (G) A DETAILED DESCRIPTION AND TIMELINE OF STEPS THAT WILL BE TAKEN TO
   43  RECLAIM THE AFFECTED SURFACE AREA AND RESTORE IT TO ITS PREVIOUS NATURAL
   44  CONDITION  ONCE  DRILLING  AND  PRODUCTION  ACTIVITIES HAVE CEASED. SUCH
   45  DESCRIPTION SHALL DESCRIBE INTERIM  RESTORATION  ACTIVITIES  THAT  SHALL
   46  OCCUR  IMMEDIATELY  AFTER  EACH WELL HAS BEEN DRILLED AND ANY ASSOCIATED
   47  TRANSMISSION LINES HAVE BEEN INSTALLED, AS  WELL  AS  FINAL  RESTORATION
   48  ACTIVITIES THAT SHALL OCCUR AFTER PRODUCTION HAS CEASED;
   49    (H)  BASELINE  SAMPLING RESULTS, TAKEN PRIOR TO ANY GROUND DISTURBANCE
   50  OR REMOVAL OF TREES OR VEGETATION, FOR SURFACE WATER, SOIL, AND EXISTING
   51  GROUNDWATER WELLS IN PROXIMITY TO PROPOSED  DRILLING  LOCATIONS,  TRANS-
   52  MISSION  LINES,  AND  ROAD  CONSTRUCTION  LOCATIONS AS DETERMINED BY THE
   53  OFFICE;
   54    (I) A COMPREHENSIVE INVENTORY OF PLANT AND ANIMAL SPECIES,  ECOLOGICAL
   55  COMMUNITIES,  WETLANDS,  AND  SURFACE STREAMS WITHIN THE AREA, AS DETER-
   56  MINED  BY  THE  OFFICE,  THAT  MAY  BE  AFFECTED  BY  PROPOSED  DRILLING
       S. 1908                             3
    1  LOCATIONS,  ROAD  CONSTRUCTION, TRANSMISSION LINES, AND ANY OTHER ACTIV-
    2  ITIES ASSOCIATED WITH PROPOSED EXPLORATION  AND  PRODUCTION  ACTIVITIES,
    3  AND  AN  ANALYSIS  OF  THE  POTENTIAL  ADVERSE  IMPACTS ON SUCH SPECIES,
    4  ECOLOGICAL COMMUNITIES, WETLANDS, AND SURFACE STREAMS; AND
    5    (J)  A  DESCRIPTION  OF HISTORIC, ARCHEOLOGICAL AND CULTURAL RESOURCES
    6  POTENTIALLY AFFECTED BY PROPOSED EXPLORATION, PRODUCTION, ROAD BUILDING,
    7  AND TRANSMISSION LINES.
    8    3. SURFACE ACCESS PERMIT CONDITIONS. ANY SURFACE ACCESS PERMIT GRANTED
    9  BY THE OFFICE PURSUANT TO THIS SECTION SHALL INCLUDE THE FOLLOWING TERMS
   10  AND CONDITIONS:
   11    (A) THE OFFICE MAY LIMIT THE NUMBER OF WELL  SITES,  THE  LOCATION  OF
   12  WELL  SITES,  AND  THE  AMOUNT OF CLEARED AREA ASSOCIATED WITH EACH WELL
   13  SITE IN ORDER  TO  MITIGATE  ADVERSE  IMPACTS  TO  NATURAL,  ECOLOGICAL,
   14  SCENIC, AND RECREATIONAL RESOURCES.
   15    (B)  NO  LIQUID  OR  SOLID WASTES SHALL BE COLLECTED OR STORED IN OPEN
   16  PITS NOR DISPOSED OF OR RELEASED WITHIN THE PARK.
   17    (C) THE OFFICE MAY LIMIT THE CONSTRUCTION AND THE LOCATION  OF  ACCESS
   18  ROADS  IN  ORDER  TO  MITIGATE  ADVERSE  IMPACTS TO NATURAL, ECOLOGICAL,
   19  SCENIC, AND RECREATIONAL RESOURCES.  ALL NEW ROADS SHALL BE DESIGNED  TO
   20  THE MINIMUM POSSIBLE WIDTH AND SHALL BE CONSTRUCTED TO AVOID OR MINIMIZE
   21  THE  POTENTIAL  FOR  EROSION AND OTHER ADVERSE IMPACTS. ALL TREES CUT OR
   22  REMOVED AS PART OF ROAD CONSTRUCTION AND WELL SITE  CLEARING  ACTIVITIES
   23  SHALL REMAIN THE PROPERTY OF THE OFFICE.
   24    (D)  IN  ORDER  TO  PROTECT THE HEALTH AND SAFETY OF PARK VISITORS AND
   25  EMPLOYEES AND TO MINIMIZE ADVERSE IMPACTS ON PUBLIC RECREATIONAL USES OF
   26  THE PARK, THE OFFICE MAY RESTRICT THE SEASONS  THAT  THE  PERMITTEE  MAY
   27  UNDERTAKE ROAD CONSTRUCTION, WELL DRILLING, AND ASSOCIATED ACTIVITIES ON
   28  STATE  OWNED  LANDS.  THE  OFFICE  MAY ALSO DESIGNATE THE PARK ROADS THE
   29  PERMITTEE SHALL USE FOR VEHICLE ACCESS INTO AND THROUGH  THE  PARK,  AND
   30  MAY  RESTRICT  SEASONS  OR TIMES THAT THE PERMITTEE MAY EXERCISE VEHICLE
   31  ACCESS ON PARK ROADS OPEN TO THE PUBLIC.
   32    (E) THE PERMITTEE SHALL BE REQUIRED TO ESTABLISH AND MAINTAIN  A  FUND
   33  SUFFICIENT  TO REIMBURSE THE OFFICE FOR THE COSTS OF AN ON-SITE MONITOR,
   34  WHO SHALL BE HIRED BY AND REPORT TO THE OFFICE, WHO SHALL BE  PHYSICALLY
   35  PRESENT  DURING  ALL  LAND  CLEARING,  ROAD CONSTRUCTION, WELL DRILLING,
   36  INSTALLATION AND MAINTENANCE OF TRANSMISSION  LINES,  WELL  MAINTENANCE,
   37  WELL  CLOSURE, AND RESTORATION ACTIVITIES UNDERTAKEN BY THE PERMITTEE TO
   38  ASSURE COMPLIANCE WITH ALL REQUIRED PERMITS  AND  APPLICABLE  STATE  AND
   39  FEDERAL LAWS AND REGULATIONS.
   40    (F)  THE  PERMITTEE SHALL BE REQUIRED TO ESTABLISH AND MAINTAIN A FUND
   41  SUFFICIENT TO REIMBURSE THE OFFICE FOR THE COSTS OF CONSULTANTS RETAINED
   42  BY THE OFFICE TO CONDUCT:
   43    (1) SAMPLING OF GROUNDWATER, SURFACE WATER, WETLANDS, AND SOIL;
   44    (2) MONITORING TO DETECT ANY ADVERSE IMPACTS TO SENSITIVE  SPECIES  OF
   45  PLANTS AND ANIMALS AND ECOLOGICAL COMMUNITIES; AND
   46    (3)  INSPECTIONS  TO  DETECT  ANY  NON-NATIVE INVASIVE PLANT OR ANIMAL
   47  SPECIES THAT ARE INTRODUCED INTO THE PARK AS A RESULT OF THE PERMITTEE'S
   48  ACTIVITIES.
   49    THE OFFICE SHALL DETERMINE THE AREAS TO BE SUBJECT TO  SUCH  SAMPLING,
   50  MONITORING, AND INSPECTIONS, WHICH SHALL BE UNDERTAKEN ANNUALLY, OR MORE
   51  FREQUENTLY  IF DETERMINED APPROPRIATE BY THE OFFICE, UNTIL THE PERMITTEE
   52  HAS CONCLUDED OIL AND GAS  EXPLORATION  AND  PRODUCTION  ACTIVITIES  AND
   53  COMPLETED  THE  RESTORATION REQUIREMENTS ESTABLISHED IN PARAGRAPH (H) OF
   54  THIS SUBDIVISION.
   55    (G) THE PERMITTEE SHALL BE REQUIRED AT ITS EXPENSE TO TAKE  CORRECTIVE
   56  ACTIONS  TO  ELIMINATE  ANY ADVERSE IMPACTS RESULTING FROM THE PERMITTED
       S. 1908                             4
    1  ACTIVITY TO THE PARK'S ROADS, FACILITIES AND INFRASTRUCTURE, OR  TO  THE
    2  PARK'S  GROUNDWATER,  SURFACE  WATER, WETLANDS, SOIL, NATURAL RESOURCES,
    3  PLANT AND ANIMAL SPECIES AND ECOLOGICAL COMMUNITIES.
    4    (H) THE PERMITTEE SHALL BE REQUIRED TO OBTAIN FINANCIAL SECURITY IN AN
    5  AMOUNT  SUFFICIENT  TO  RESTORE  TO THEIR PREVIOUS NATURAL CONDITION ALL
    6  AREAS AFFECTED BY THE PERMITTEE'S GROUND DISTURBANCE,  CLEARING,  DRILL-
    7  ING,  ROAD  CONSTRUCTION,  AND INSTALLATION OF TRANSMISSION LINES, AFTER
    8  OIL AND  GAS  EXPLORATION,  DRILLING,  AND  PRODUCTION  ACTIVITIES  HAVE
    9  CONCLUDED. RESTORATION SHALL INCLUDE BUT NOT BE LIMITED TO A REQUIREMENT
   10  THAT THE PERMITTEE REMOVE AND REFOREST ALL ROADS AND CLEARED AREAS.
   11    (I) THE OFFICE SHALL INCLUDE ANY ADDITIONAL PERMIT CONDITIONS IT DEEMS
   12  NECESSARY  TO  AVOID  OR  MINIMIZE  IMPACTS  ON THE PARK'S RECREATIONAL,
   13  SCENIC AND NATURAL RESOURCES AND TO PROTECT THE  HEALTH  AND  SAFETY  OF
   14  PARK VISITORS AND EMPLOYEES.
   15    4.  OTHER  REQUIREMENTS.  THE REQUIREMENTS OF THIS SECTION SHALL BE IN
   16  ADDITION TO, AND SHALL NOT REPLACE OR AFFECT, ANY OTHER REQUIREMENTS FOR
   17  THE EXERCISE OF OIL AND GAS DRILLING RIGHTS, INCLUDING BUT  NOT  LIMITED
   18  TO  REQUIREMENTS  SET FORTH IN ARTICLE TWENTY-THREE OF THE ENVIRONMENTAL
   19  CONSERVATION LAW OR OTHER APPLICABLE STATE  OR  FEDERAL  LAWS,  PERMITS,
   20  ORDERS,  OR  REGULATIONS. NOTHING IN THIS SECTION SHALL AFFECT OR SUPER-
   21  SEDE THE APPLICATION OF ARTICLE SEVEN OF THE PUBLIC SERVICE LAW  TO  THE
   22  SITING OF A MAJOR UTILITY TRANSMISSION FACILITY AS DEFINED THEREIN.
   23    5.  ENVIRONMENTAL  REVIEW.  THE  OFFICE  WILL SERVE AS LEAD AGENCY FOR
   24  REVIEW PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL  CONSERVATION  LAW
   25  FOR  ALL ACTIONS INVOLVING EXPLORATION AND PRODUCTION OF PRIVATELY-CONT-
   26  ROLLED OIL AND GAS RESOURCES BENEATH STATE OWNED LANDS  WITHIN  ALLEGANY
   27  STATE  PARK,  INCLUDING  APPLICATIONS  FOR  A  PERMIT  PURSUANT  TO THIS
   28  SECTION. IN CONDUCTING SUCH REVIEW, THE OFFICE SHALL EVALUATE ALL POTEN-
   29  TIAL IMPACTS OF PROPOSED WELL DRILLING, ROAD CONSTRUCTION,  CLEARING  OF
   30  VEGETATION,  AND  OTHER  RELATED ACTIVITIES IN TERMS OF CONSISTENCY WITH
   31  THE AGENCY'S MISSION AS SET FORTH IN SECTION 3.02 OF THIS CHAPTER.
   32    6. ENFORCEMENT. ANY VIOLATION OF A TERM  OR  CONDITION  OF  A  SURFACE
   33  ACCESS  PERMIT  GRANTED  PURSUANT  TO  THIS SECTION SHALL BE GROUNDS FOR
   34  REVOCATION THEREOF. IN ADDITION, ANY PARTY ACTING IN VIOLATION OF SUCH A
   35  PERMIT, AND ANY PARTY ENGAGING IN OIL OR GAS EXPLORATION,  DRILLING,  OR
   36  PRODUCTION ACTIVITY WITHOUT HAVING OBTAINED A PERMIT AS REQUIRED BY THIS
   37  SECTION,  SHALL  BE SUBJECT TO INJUNCTION AND LIABLE FOR A CIVIL PENALTY
   38  OF NOT MORE THAN TEN THOUSAND DOLLARS FOR EACH DAY  OF  SUCH  VIOLATION,
   39  OBTAINABLE IN AN ACTION BROUGHT BY THE ATTORNEY GENERAL UPON REFERRAL BY
   40  THE COMMISSIONER OR ON HIS OR HER OWN INITIATIVE.
   41    7.  COMPENSATION  OF  LOST  REVENUE.  IN  THE  EVENT THAT ANY SPILL OR
   42  RELEASE OF OIL, GAS, OR OTHER SUBSTANCE PRODUCED OR TRANSPORTED IN ALLE-
   43  GANY STATE PARK BY, OR ON BEHALF OF, ANY PERSON RECEIVING A PERMIT UNDER
   44  THIS SECTION RESULTS IN THE TEMPORARY CLOSING OF ALL OR PART OF ALLEGANY
   45  STATE PARK, SUCH PERSON SHALL BE LIABLE TO COMPENSATE THE OFFICE FOR ANY
   46  LOST REVENUE OR PARK USER FEES RESULTING FROM THE CLOSURE. SUCH  COMPEN-
   47  SATION OF LOST REVENUE SHALL BE IN ADDITION TO ANY OTHER COSTS OR PENAL-
   48  TIES IMPOSED UNDER APPLICABLE LAWS, REGULATIONS, OR PERMIT CONDITIONS.
   49    8.  RULES  AND  REGULATIONS.   THE COMMISSIONER IS AUTHORIZED TO ADOPT
   50  RULES  AND  REGULATIONS  NECESSARY  OR  DESIRABLE  TO   EFFECTUATE   THE
   51  PROVISIONS OF THIS SECTION.
   52    S 2. This act shall take effect immediately.
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