Bill Text: NY S02697 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to natural gas development using hydraulic fracturing; enacts provisions to ensure natural gas development practices will be sustainable and safe.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2012-01-17 - PRINT NUMBER 2697A [S02697 Detail]
Download: New_York-2011-S02697-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2697 2011-2012 Regular Sessions I N S E N A T E 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: 1 Section 1. Legislative declarations and purpose. 1. The legislature 2 recognizes that the expansion of natural gas development in the state of 3 New York using hydraulic fracturing poses unique threats to human health 4 and to the environment. The legislature further recognizes that New 5 York's current laws are inadequate to protect against these threats. 6 2. As natural gas development expands, it is the highest priority of 7 this state to protect human health as well as to ensure the safety of 8 irreplaceable natural assets such as safe drinking water, clean air, 9 wildlife, and the aesthetic beauty of the state. 10 3. Hydraulic fracturing utilizes components that are often toxic, that 11 are non-biodegradable, and that are virtually impossible to remove once 12 they enter the natural environment. Many of these hazardous chemicals 13 are known carcinogens and others can cause other life threatening 14 illnesses. Drinking water contamination from hydraulic fracturing can 15 lead to exposure to endocrine disrupting agents and to other chemicals 16 that can cause kidney, liver, heart, blood, brain damage and other 17 hazardous health effects. 18 4. Hydraulic fracturing operations withdraw millions of gallons of 19 water from the ground and surface waters of the state, which are a 20 precious, finite and invaluable resource, upon which there is likely to 21 be an ever-increasing demand for present, new and competing uses. The 22 withdrawal of ground and surface waters of the state should be regulated 23 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 1 long-range water resource planning and with managing such waters in the 2 public trust for the benefit of all New Yorkers. 3 5. Hydraulic fracturing operations result in wastewater that returns 4 to the surface laden with salt, heavy metals, other chemicals and radio- 5 active elements. In other states, this wastewater is often stored in 6 open pits until transported for ultimate disposal. Chemicals evaporate 7 from these open pits, contributing to air pollution. Leaks and spills of 8 chemicals from the trucks and waste pits may cause contamination of 9 surface waters. Fracturing fluid left underground could migrate or seep 10 through fractures in underground formations, cracks in well-bore 11 casings, through abandoned wells, or otherwise to pollute groundwater. 12 Given the increased prevalence of natural gas drilling in the state, 13 these negative effects may increase if the process of natural gas 14 extraction is not carefully and thoughtfully regulated. 15 6. One of the chief environmental and infrastructure assets of the 16 state of New York is its drinking water systems, which play a fundamen- 17 tal role in the economic productivity and public health of the state. 18 The policy of the state with respect to the management of shale gas 19 extraction must be one of zero drinking water risk. 20 7. Furthermore, natural gas exploration must be carried out in a 21 manner that is sensitive to the ecological richness and aesthetic beauty 22 of the state. Widespread, uncontrolled natural gas development using 23 hydraulic fracturing will diminish or destroy the natural beauty of the 24 land and disrupt the natural habitat of wildlife. The legislature finds 25 that natural gas development must be carried out to minimize these 26 effects to the maximum extent possible. 27 8. Natural gas extraction can impose both monetary and non-monetary 28 costs on municipalities and cause property damage or otherwise reduce 29 the property value of private land owners. It is the intention of the 30 legislature that all persons who undertake natural gas development in 31 the state of New York take full responsibility for their actions, and 32 act consistent with local concerns. 33 9. Although natural gas development provides the promise of economic 34 benefit for the state of New York, the state must ensure that the bene- 35 fits outweigh the costs. It is the policy of the state that natural gas 36 development practices will be sustainable, respectful, and safe. This 37 act is intended to ensure that goal is met. 38 S 2. The environmental conservation law is amended by adding a new 39 section 17-0709 to read as follows: 40 S 17-0709. WASTEWATER TREATMENT FACILITIES. 41 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN SUBDIVISION 42 TWENTY-ONE OF SECTION 17-0105 OF THIS ARTICLE, THE COMMISSIONER SHALL, 43 AFTER HOLDING A PUBLIC HEARING WITH DUE NOTICE, PROMULGATE REGULATIONS 44 ESTABLISHING A STANDARD OF PERFORMANCE FOR THE CONTROL OF THE DISCHARGE 45 OF POLLUTANTS FROM FACILITIES WHICH TREAT WASTEWATER FROM HYDRAULIC 46 FRACTURING OPERATIONS. THIS STANDARD OF PERFORMANCE SHALL REFLECT THE 47 GREATEST DEGREE OF EFFLUENT REDUCTION WHICH THE COMMISSIONER DETERMINES 48 TO BE ACHIEVABLE THROUGH APPLICATION OF THE BEST AVAILABLE DEMONSTRATED 49 CONTROL TECHNOLOGY, PROCESSES, OPERATING METHODS, OR OTHER ALTERNATIVES, 50 INCLUDING, WHERE PRACTICABLE, A STANDARD PERMITTING NO DISCHARGE OF 51 POLLUTANTS. THIS STANDARD OF PERFORMANCE SHALL REMAIN IN EFFECT UNTIL 52 SUCH TIME THAT THE FEDERAL GOVERNMENT DETERMINES THAT A GREATER DEGREE 53 OF EFFLUENT LIMITATION IS ACHIEVABLE BY THIS CATEGORY OF FACILITIES, AT 54 WHICH TIME THIS STANDARD OF PERFORMANCE SHALL BE SUPERSEDED BY SUCH 55 FEDERAL STANDARD. S. 2697 3 1 S 3. Section 23-0101 of the environmental conservation law, as amended 2 by chapter 846 of the laws of 1981 and subdivision 1 as amended by chap- 3 ter 891 of the laws of 1984, is amended to read as follows: 4 S 23-0101. Definitions. 5 As used in this article, unless the context otherwise requires: 6 1. "AIR POLLUTANT" MEANS VOLATILE ORGANIC COMPOUNDS (VOCS) AS DEFINED 7 AT 40 CFR 51.100(S), HAZARDOUS AIR POLLUTANTS (HAPS) AS DEFINED AT 42 8 USC S 7412(B) AND 40 CFR 63, NITROGEN OXIDES (NOX), CARBON MONOXIDE 9 (CO), METHANE (CH4), ETHANE (C2H6), PARTICULATE MATTER (PM10 AND PM2.5), 10 OZONE (O3), LEAD (PB), SULFUR DIOXIDE (SO2) AND OTHER AIR CONTAMINANTS 11 AS MAY BE IDENTIFIED BY THE DEPARTMENT. 12 2. "BEST MANAGEMENT PRACTICES (BMPS)" ARE PRACTICES THAT ARE DESIGNED 13 TO PREVENT OR REDUCE IMPACTS CAUSED BY OIL AND GAS OPERATIONS TO AIR, 14 WATER, SOIL, OR BIOLOGICAL RESOURCES, AND TO MINIMIZE ADVERSE IMPACTS TO 15 PUBLIC HEALTH, SAFETY AND WELFARE, INCLUDING THE ENVIRONMENT AND WILD- 16 LIFE RESOURCES. 17 3. "Buffer zone" means all that area outside and surrounding the 18 underground gas storage reservoir which the department approves as 19 appropriate to protect the integrity of the reservoir, no part of which 20 shall be more than thirty-five hundred linear feet from the boundary 21 thereof. 22 [2.] 4. "Cavity" means an open or partially open space left after a 23 salt has been solution mined. 24 5. "CLOSED-LOOP SYSTEM" MEANS A SYSTEM FOR HANDLING OIL OR GAS EXPLO- 25 RATION, STIMULATION, OR PRODUCTION WASTES, INCLUDING BUT NOT LIMITED TO 26 DRILLING FLUIDS AND CUTTINGS, HYDRAULIC FRACTURING FLOWBACK, PRODUCED 27 WATER, AND RESIDUAL SLUDGES OR BRINES, WITHOUT THE NEED FOR PITS. 28 [3.] 6. "Commissioner" means the commissioner of environmental conser- 29 vation. 30 7. "CONSEQUENCES OF ANY HAZARDOUS DISCHARGE" AS USED IN THIS SECTION 31 MEANS ANY DETRIMENTAL EFFECT TO THE HEALTH, SAFETY, WELFARE, OR AESTHET- 32 IC ENJOYMENT OF ANY CITIZEN, RESIDENT, OR VISITOR IN THE STATE BY A 33 HAZARDOUS DISCHARGE. 34 [4.] 8. "Department" means the department of environmental conserva- 35 tion. 36 9. "ENVIRONMENTAL DAMAGE" AS USED IN THIS SECTION MEANS DAMAGE TO: 37 A. ANY WATERS OF THE STATE; 38 B. ANY LAND SURFACE OR SUBSURFACE STRATA OF THE STATE; 39 C. ANY AMBIENT AIR WITHIN THE STATE; OR, 40 D. THE WILDLIFE OR ECOLOGICAL SYSTEMS IN THE LAND, AIR, OR WATERS OF 41 THE STATE. 42 [5.] 10. "Fund" means the oil and gas [fund as established in section 43 eighty-three-a of the state finance law] ACCOUNT ESTABLISHED UNDER CHAP- 44 TER FIFTY-EIGHT OF THE LAWS OF NINETEEN HUNDRED EIGHTY-TWO. 45 [6.] 11. "Field" means the general area underlaid by one or more 46 pools. 47 [7.] 12. "Gas" means all natural, manufactured, mixed, and byproduct 48 gas, and all other hydrocarbons not defined as oil in this section. 49 13. "GROUNDWATER" MEANS WATER IN A SATURATED ZONE OR STRATUM BENEATH 50 THE SURFACE OF LAND OR WATER. 51 14. "GROUNDWATER WELL" MEANS ANY WELL DESIGNED OR USED FOR THE SOLE 52 PURPOSE OF OBTAINING GROUNDWATER. 53 15. "HAZARDOUS RELEASE" AS USED IN THIS SECTION MEANS THE RELEASE OF A 54 HAZARDOUS SUBSTANCE. S. 2697 4 1 16. "HAZARDOUS SUBSTANCE" MEANS SUBSTANCES WHICH MEET THE FOLLOWING 2 CRITERIA, INCLUDING BUT NOT LIMITED TO THOSE LISTED IN N.Y.C.R.R. S 3 597.2: 4 A. BECAUSE OF THEIR QUANTITY, CONCENTRATION, OR PHYSICAL, CHEMICAL OR 5 INFECTIOUS CHARACTERISTICS CAUSE PHYSICAL INJURY OR ILLNESS WHEN IMPROP- 6 ERLY TREATED, STORED, TRANSPORTED, DISPOSED OF, OR OTHERWISE MANAGED; 7 B. POSE A PRESENT OR POTENTIAL HAZARD TO THE ENVIRONMENT WHEN IMPROP- 8 ERLY TREATED, STORED, TRANSPORTED, DISPOSED OF, OR OTHERWISE MANAGED; 9 C. BECAUSE OF THEIR TOXICITY OR CONCENTRATION WITHIN BIOLOGICAL 10 CHAINS, PRESENT A DEMONSTRATED THREAT TO BIOLOGICAL LIFE CYCLES WHEN 11 RELEASED INTO THE ENVIRONMENT; 12 D. HAVE AN ORAL LD (RAT) TOXICITY OF LESS THAN FIFTY MILLIGRAMS PER 13 KILOGRAM; OR HAVE AN INHALATION LC (RAT) TOXICITY OF LESS THAN TWO 14 MILLIGRAMS PER LITER; OR HAVE A DERMAL LD (RABBIT) TOXICITY OF LESS THAN 15 TWO HUNDRED MILLIGRAMS PER KILOGRAM; OR 16 E. CAUSE OR ARE CAPABLE OF CAUSING DEATH, SERIOUS ILLNESS OR SERIOUS 17 PHYSICAL INJURY TO ANY PERSON OR PERSONS AS A CONSEQUENCE OF RELEASE 18 INTO THE ENVIRONMENT. 19 [8.] 17. "Local agency" means any local agency, board, authority, 20 school district, commission or governing body, including any county, 21 city, town, village or other political subdivision of the state. 22 [9.] 18. "Metered" means the physical measurement of gas by means 23 acceptable to the department. 24 [10.] 19. "Oil" means crude petroleum oil and all other hydrocarbons, 25 regardless of gravity, that are produced at the wellhead in liquid form 26 by ordinary production methods and that are not the result of condensa- 27 tion of gas. 28 20. "OIL AND GAS FACILITY" MEANS EQUIPMENT, IMPROVEMENTS, OR PHYSICAL 29 STRUCTURES, INCLUDING ANY OIL OR GAS WELLS, USED OR INSTALLED AT AN OIL 30 AND GAS LOCATION FOR THE EXPLORATION, PRODUCTION, WITHDRAWAL, GATHERING, 31 TREATMENT, OR PROCESSING OF OIL OR NATURAL GAS. 32 21. "OIL AND GAS LOCATION" MEANS A DEFINABLE AREA WHERE AN OPERATOR 33 HAS DISTURBED OR INTENDS TO DISTURB THE LAND SURFACE IN ORDER TO LOCATE 34 AN OIL AND GAS FACILITY. 35 22. "OIL AND GAS OPERATIONS" MEANS EXPLORATION FOR OIL AND GAS, 36 INCLUDING THE CONDUCT OF SEISMIC OPERATIONS AND THE DRILLING OF TEST 37 BORES; THE SITING, DRILLING, DEEPENING, RECOMPLETION, REWORKING, OR 38 ABANDONMENT OF AN OIL AND GAS WELL, UNDERGROUND INJECTION WELL, OR GAS 39 STORAGE WELL; PRODUCTION OPERATIONS RELATED TO ANY SUCH WELL INCLUDING 40 THE INSTALLATION OF FLOWLINES AND GATHERING SYSTEMS; THE GENERATION, 41 TRANSPORTATION, STORAGE, TREATMENT, OR DISPOSAL OF EXPLORATION AND 42 PRODUCTION WASTES; AND ANY CONSTRUCTION, SITE PREPARATION, OR RECLAMA- 43 TION ACTIVITIES ASSOCIATED WITH SUCH OPERATIONS. 44 23. "OPERATOR" MEANS ANY PERSON WHO EXERCISES THE RIGHT TO CONTROL THE 45 CONDUCT OF, OR WHO CONDUCTS, OIL AND GAS OPERATIONS. 46 [11.] 24. "Owner" means the person who has the right to drill into and 47 produce from a pool or a salt deposit and to appropriate the oil, gas or 48 salt he produces either for himself or others, or for himself and 49 others. 50 25. "PIT" MEANS ANY NATURAL OR MAN-MADE DEPRESSION IN THE GROUND USED 51 FOR THE PURPOSE OF RETAINING OR STORING SUBSTANCES ASSOCIATED WITH OIL 52 AND GAS OPERATIONS. 53 [12.] 26. "Person" means and includes any natural person, corporation, 54 association, partnership, receiver, trustee, executor, administrator, 55 guardian, fiduciary, or other representative of any kind, and includes S. 2697 5 1 any department, agency or instrumentality of the state or any of its 2 governmental subdivisions. 3 [13.] 27. "Plug and abandon" means the plugging, replugging if neces- 4 sary, and abandonment of a well bore including the placing of all bridg- 5 es, plugs, and fluids therein and the restoration and reclamation of the 6 surface in the immediate vicinity to a reasonable condition consistent 7 with the adjacent terrain. 8 [14.] 28. "Pool" means an underground reservoir containing a common 9 accumulation of oil or gas or both; each zone of a structure which is 10 completely separated from any other zone in the same structure is a 11 pool. 12 29. "POTENTIAL ENVIRONMENTAL JUSTICE AREA" MEANS A MINORITY OR 13 LOW-INCOME COMMUNITY THAT MAY BEAR A DISPROPORTIONATE SHARE OF THE NEGA- 14 TIVE ENVIRONMENTAL CONSEQUENCES RESULTING FROM INDUSTRIAL, MUNICIPAL, 15 AND COMMERCIAL OPERATIONS OR THE EXECUTION OF FEDERAL, STATE, LOCAL, AND 16 TRIBAL PROGRAMS AND POLICIES. 17 [15.] 30. "Producer" means the owner of a well or wells capable of 18 producing oil, gas, or salt; or any salt or hydrocarbon mixture. 19 [16.] 31. "Product" means any commodity made from oil or gas and 20 includes refined crude oil, crude tops, topped crude, processed crude, 21 processed crude petroleum, residue from crude petroleum, cracking stock, 22 uncracked fuel oil, fuel oil, treated crude oil, residuum, gas oil, 23 casinghead gasoline, natural-gas gasoline, kerosene, benzine, wash oil, 24 waste oil, blended gasoline, lubricating oil, blends or mixtures of oil 25 with one or more liquid products or by-products derived from oil or gas, 26 and blends or mixtures of two or more liquid products or by-products 27 derived from oil or gas, whether herein enumerated or not. 28 32. "RELEASE" MEANS ANY SPILLING, LEAKING, PUMPING, POURING, EMIT- 29 TING, EMPTYING, DISCHARGING, ESCAPING, LEACHING, DUMPING OR DISCHARGING 30 INTO THE ENVIRONMENT (INCLUDING THE ABANDONMENT OR DISCARDING OF 31 BARRELS, CONTAINERS, AND OTHER CLOSED RECEPTACLES). 32 [17.] 33. "Reservoir" means any underground reservoir, natural or 33 artificial cavern or geologic dome, sand or stratigraphic trap, whether 34 or not previously occupied by or containing oil or gas. 35 [18.] 34. "Salt" means sodium chloride, evaporite or other water solu- 36 ble minerals, either in solution or as a solid or crystalline material 37 in a pure state or as a mixture. 38 35. "SITE" MEANS THE LOCATION OF ANY OIL AND GAS OPERATION, INCLUD- 39 ING BUT NOT LIMITED TO WELLS AND WELL PADS, STORAGE FACILITIES, NATURAL 40 GAS COMPRESSOR STATIONS, AND CENTRALIZED IMPOUNDMENTS. 41 [19.] 36. "Solution mining" means the dissolving of an underground 42 salt by water to produce a brine for transport to another underground or 43 surface location for sale, processing or storage. 44 37. "SURFACE WATER" MEANS ANY WATER OCCURRING ON THE EARTH'S SURFACE 45 IN THE FORM OF A STREAM, RIVER, POND, LAKE, WETLAND, OCEAN, ARTIFICIAL 46 CHANNEL OR RESERVOIR, OR OTHER SURFACE WATER BODY. 47 [20.] 38. "Waste" means 48 a. Physical waste, as that term is generally understood in the oil and 49 gas industry; 50 b. The inefficient, excessive or improper use of, or the unnecessary 51 dissipation of reservoir energy; 52 c. The locating, spacing, drilling, equipping, operating, or producing 53 of any oil or gas well or wells in a manner which causes or tends to 54 cause reduction in the quantity of oil or gas ultimately recoverable 55 from a pool under prudent and proper operations, or which causes or S. 2697 6 1 tends to cause unnecessary or excessive surface loss or destruction of 2 oil or gas; 3 d. The inefficient storing of oil or gas; and 4 e. The flaring of gas produced from an oil or condensate well after 5 the department has found that the use of the gas, on terms that are just 6 and reasonable, is, or will be economically feasible within a reasonable 7 time. 8 S 4. Section 23-0303 of the environmental conservation law, as amended 9 by chapter 846 of the laws of 1981, is amended to read as follows: 10 S 23-0303. Administration of article. 11 1. Except to the extent that the administration of this article is 12 specifically entrusted to other agencies or officers of the state by its 13 provisions, such administration shall be by the department. Geological 14 services for the department in connection with the administration of 15 this article shall be provided by or in cooperation with the state geol- 16 ogist. Within appropriations therefor the department is authorized to 17 employ such personnel as may be necessary for the administration of this 18 article and may also employ or secure the services of such engineering, 19 technical and other consultants as it may require from time to time. 20 2. The provisions of this article shall supersede all local laws or 21 ordinances relating to the regulation of the oil, gas and solution 22 mining industries; [but shall not supersede local government jurisdic- 23 tion over local roads or the rights of local governments under the real 24 property tax law] PROVIDED, HOWEVER, THAT NOTHING IN THIS ARTICLE SHALL 25 BE CONSTRUED TO PREVENT ANY LOCAL GOVERNMENT FROM: 26 A. ENACTING OR ENFORCING LOCAL LAWS OR ORDINANCES OF GENERAL APPLICA- 27 BILITY, EXCEPT THAT SUCH LOCAL LAWS OR ORDINANCES SHALL NOT REGULATE OIL 28 AND GAS OPERATIONS REGULATED BY STATE STATUTE OR REGULATION; OR 29 B. ENACTING OR ENFORCING LOCAL LAWS OR ORDINANCES RELATED TO THE REGU- 30 LATION AND MANAGEMENT OF LOCAL ROADS, SUCH AS INGRESS AND EGRESS TO 31 PUBLIC THOROUGHFARES CONTROLLED BY THE LOCAL GOVERNMENT; OR 32 C. ENACTING OR ENFORCING LAWS PURSUANT TO THE RIGHTS OF LOCAL GOVERN- 33 MENTS UNDER THE REAL PROPERTY TAX LAW; OR 34 D. ENFORCING ANY REQUIREMENT CONTAINED IN ANY OIL OR GAS PERMIT ISSUED 35 BY THE STATE; OR 36 E. ENACTING OR ENFORCING LOCAL ZONING ORDINANCES OR LAWS THAT DETER- 37 MINE PERMISSIBLE USES IN ZONING DISTRICTS, INCLUDING WHETHER OIL AND GAS 38 FACILITIES ARE PERMISSIBLE WITHIN A PARTICULAR ZONING DISTRICT. WHERE AN 39 OIL AND GAS FACILITY IS DESIGNATED A PERMISSIBLE USE IN A ZONING 40 DISTRICT AND ALLOWED BY SPECIAL USE PERMIT, CONDITIONS PLACED ON SUCH 41 SPECIAL USE PERMITS SHALL BE LIMITED TO THE FOLLOWING: 42 I. REQUIREMENTS AND CONDITIONS CONCERNING SETBACK FROM PROPERTY BOUND- 43 ARIES, SURFACE WATERS, GROUNDWATER WELLS, HOMES OR PRIVATE RESIDENCES, 44 CHURCHES, SCHOOLS, AND OTHER PUBLIC FACILITIES, AND PUBLIC THOROUGHFARE 45 RIGHTS-OF-WAY; 46 II. REQUIREMENTS AND CONDITIONS CONCERNING NATURAL OR MAN-MADE BARRI- 47 ERS TO RESTRICT ACCESS FROM OIL AND GAS FACILITIES, IF REQUIRED; AND 48 III. DUST, NOISE, VIBRATION, OR LIGHT LIMITATIONS, AND REGULATION OF 49 HOURS OF OPERATION; 50 3. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, LOCAL LAWS AND ORDI- 51 NANCES REGULATING ZONING, INCLUDING CONDITIONS IN SPECIAL USE PERMITS 52 THAT IMPOSE SETBACKS, THE REQUIREMENT OF NATURAL OR MANMADE BARRIERS, OR 53 LIMITATIONS ON DUST, NOISE, VIBRATION, LIGHT, OR HOURS OF OPERATION, DO 54 NOT CONSTITUTE THE REGULATION OF OIL AND GAS OPERATIONS REGULATED BY 55 STATE STATUTE OR REGULATION. S. 2697 7 1 4. IN ORDER TO FACILITATE A MUNICIPALITY'S ABILITY TO EXERCISE ITS 2 AUTHORITY UNDER PARAGRAPH D OF SUBDIVISION TWO OF THIS SECTION, THE 3 DEPARTMENT SHALL PROVIDE EVERY MUNICIPALITY WITH A COPY OF THE PERMIT OF 4 EACH WELL LOCATED OR PERMITTED TO BE LOCATED WITHIN ITS BOUNDARIES. 5 [3.] 5. a. The commissioner shall accept from municipalities requests 6 for funds from the oil and gas fund to reimburse the municipality for 7 costs incurred in repairing damages to municipal land or property. Such 8 requests shall include such explanatory material and documentation as 9 the commissioner may require. 10 b. The commissioner and director of the budget, may recommend payment 11 to the municipality to satisfy the request for reimbursement upon find- 12 ing that: 13 (1) The municipality has made a bona fide effort to seek relief and 14 recover its costs from those deemed to be responsible and any other 15 appropriate avenues, but has been unsuccessful; 16 (2) The damage was a direct result of activities regulated under this 17 article and that the amount of funds requested is reasonable in view of 18 such damages; and 19 (3) The costs were incurred after the effective date of this subdivi- 20 sion. 21 S 5. Paragraph d of subdivision 8 of section 23-0305 of the environ- 22 mental conservation law, as amended by chapter 846 of the laws of 1981, 23 is amended to read as follows: 24 d. Require the drilling, casing, operation, plugging and replugging of 25 wells and reclamation of surrounding land in accordance with rules and 26 regulations of the department in such manner as to prevent or remedy 27 [the following] ANY ACT RESULTING IN ENVIRONMENTAL DAMAGE, including but 28 not limited to: the escape of oil, gas, brine or water out of one stra- 29 tum into another; the intrusion of water into oil or gas strata other 30 than during enhanced recovery operations; the pollution of fresh water 31 supplies by oil, gas, salt water, DRILLING FLUIDS, HYDRAULIC FRACTURING 32 FLUIDS or other contaminants; and blowouts, cavings, seepages and fires. 33 SUCH RULES AND REGULATIONS SHALL REGULATE THE TYPE, VOLUME, AND CONCEN- 34 TRATION OF ADDITIVES FOR THE PROTECTION OF HUMAN HEALTH AND THE ENVIRON- 35 MENT; AND SUCH REGULATIONS SHALL PROHIBIT THE USE OF DRILLING FLUIDS OR 36 HYDRAULIC FRACTURING FLUIDS CONTAINING ANY CHEMICAL SUBSTANCE THAT UPON 37 EXPOSURE, INGESTION, INHALATION OR ASSIMILATION INTO ANY ORGANISM, 38 EITHER DIRECTLY FROM THE ENVIRONMENT, INCLUDING FROM DRINKING WATER, OR 39 INDIRECTLY THROUGH FOOD CHAINS, WILL, ON THE BASIS OF INFORMATION AVAIL- 40 ABLE TO THE DEPARTMENT, CAUSE DEATH, DISEASE, BEHAVIORAL ABNORMALITIES, 41 CANCER, GENETIC MUTATIONS, ENDOCRINE DISRUPTION, PHYSIOLOGICAL MALFUNC- 42 TIONS, INCLUDING MALFUNCTIONS IN REPRODUCTION, OR PHYSICAL DEFORMATIONS, 43 IN SUCH ORGANISMS OR THEIR OFFSPRING, INCLUDING BUT NOT LIMITED TO: 44 BENZENE AND ANY CHEMICAL SUBSTANCE THAT HAS BEEN IDENTIFIED PURSUANT TO 45 THE FEDERAL TOXIC SUBSTANCES CONTROL ACT AS PERSISTENT, BIOACCUMULATIVE 46 AND TOXIC. 47 S 6. Section 23-0305 of the environmental conservation law is amended 48 by adding a new subdivision 15 to read as follows: 49 15. THE DEPARTMENT SHALL PROMULGATE REGULATIONS REQUIRING DISCLOSURE 50 OF CHEMICALS USED IN OIL AND GAS WELL DRILLING AND HYDRAULIC FRACTURING, 51 INCLUDING BUT NOT LIMITED TO THE FOLLOWING REQUIREMENTS: 52 A. NO PERMIT TO DRILL, DEEPEN, PLUG BACK, OR CONVERT A WELL SHALL BE 53 ISSUED UNDER THIS ARTICLE UNTIL THE DEPARTMENT OBTAINS FROM THE PERMIT 54 APPLICANT A COMPLETE LIST OF THE CHEMICAL CONSTITUENTS OF EACH ADDITIVE 55 THAT MAY BE USED IN DRILLING OR FRACTURING THE WELL SPECIFIED IN THE 56 APPLICATION; S. 2697 8 1 B. WHENEVER THE DEPARTMENT OR A TREATING PHYSICIAN OR NURSE, DETER- 2 MINES THAT A MEDICAL EMERGENCY EXISTS AS A RESULT OF OIL OR GAS EXPLORA- 3 TION, STIMULATION, OR PRODUCTION ACTIVITIES CONDUCTED BY A WELL DRILLING 4 PERMIT HOLDER OR ITS SUBCONTRACTORS AND THAT THE DISCLOSURE OF PROPRIE- 5 TARY CHEMICAL INFORMATION, INCLUDING THE IDENTITY OF ANY CHEMICAL OR THE 6 FORMULA OF ANY ADDITIVE USED IN DRILLING OR HYDRAULIC FRACTURING OF A 7 PERMITTED OIL OR GAS WELL, MAY BE NECESSARY FOR EMERGENCY OR FIRST-AID 8 TREATMENT, THE WELL DRILLING PERMIT HOLDER OR ANY SUBCONTRACTOR IN 9 POSSESSION OR CONTROL OF THE PROPRIETARY INFORMATION SHALL IMMEDIATELY 10 DISCLOSE THE PROPRIETARY INFORMATION REQUESTED TO THE DEPARTMENT OR THAT 11 TREATING PHYSICIAN OR NURSE, REGARDLESS OF THE EXISTENCE OF A WRITTEN 12 STATEMENT OF NEED OR A CONFIDENTIALITY AGREEMENT. THE PERMIT HOLDER OR 13 SUBCONTRACTOR MAY REQUEST A WRITTEN STATEMENT OF NEED AND A CONFIDEN- 14 TIALITY AGREEMENT AS SOON THEREAFTER AS CIRCUMSTANCES PERMIT. IN THE 15 EVENT THE PERMIT HOLDER OR SUBCONTRACTOR FAILS TO IMMEDIATELY DISCLOSE 16 SUCH PROPRIETARY INFORMATION, THE DEPARTMENT SHALL MAKE AVAILABLE TO A 17 TREATING PHYSICIAN OR NURSE ALL INFORMATION WITHIN ITS POSSESSION RELAT- 18 ING TO THE INGREDIENTS OF ANY CHEMICAL OR THE FORMULA OF ANY ADDITIVE 19 USED IN DRILLING OR HYDRAULIC FRACTURING UTILIZED IN A PERMITTED OIL OR 20 GAS WELL SUSPECTED OF CAUSING SUCH EMERGENCY; 21 C. EACH PERMIT HOLDER SHALL NOTIFY THE DEPARTMENT OF ANY CHANGES TO 22 THE CHEMICAL CONSTITUENTS USED IN DRILLING OR FRACTURING PRIOR TO THE 23 FLUID'S USE IN THE DRILLING OR FRACTURING PROCESS. 24 D. THE DEPARTMENT SHALL MAKE ANY DISCLOSURES FILED UNDER PARAGRAPH A 25 OR C OF THIS SUBDIVISION AVAILABLE TO THE PUBLIC AND SHALL POST SUCH 26 INFORMATION ON THE DEPARTMENT'S WEBSITE. 27 S 7. Section 23-0313 of the environmental conservation law is amended 28 by adding four new subdivisions 3, 4, 5 and 6 to read as follows: 29 3. THE DEPARTMENT SHALL PROMULGATE REGULATIONS REQUIRING: 30 A. OIL AND GAS WELL OWNERS OR OPERATORS TO GIVE NOTICE TO THE DEPART- 31 MENT, LOCAL HEALTH DEPARTMENT AND RESPONDING EMERGENCY AGENCIES, IN 32 PERSON OR BY SUCH MEANS AS THE DEPARTMENT SHALL SPECIFY, IMMEDIATELY 33 AFTER THE RELEASE OF ANY FUEL, HAZARDOUS CHEMICAL OR WASTE STORED AT OR 34 GENERATED BY AN OIL AND GAS FACILITY OR USED IN WELL DRILLING OR HYDRAU- 35 LIC FRACTURING OPERATIONS. 36 B. NOTICE REQUIRED UNDER PARAGRAPH A OF THIS SUBDIVISION SHALL INCLUDE 37 EACH OF THE FOLLOWING (TO THE EXTENT KNOWN AT THE TIME OF THE NOTICE AND 38 SO LONG AS NO DELAY IN RESPONDING TO THE RELEASE RESULTS): 39 I. THE CHEMICAL NAME OR IDENTITY OF ANY SUBSTANCE INVOLVED IN THE 40 RELEASE; AND 41 II. AN ESTIMATE OF THE QUANTITY OF ANY SUCH SUBSTANCE THAT WAS 42 RELEASED INTO THE ENVIRONMENT; AND 43 III. THE TIME AND DURATION OF THE RELEASE; AND 44 IV. THE MEDIUM OR MEDIA INTO WHICH THE RELEASE OCCURRED; AND 45 V. ANY KNOWN OR ANTICIPATED ACUTE OR CHRONIC HEALTH RISKS ASSOCIATED 46 WITH THE RELEASE AND, WHERE APPROPRIATE, ADVICE REGARDING MEDICAL ATTEN- 47 TION NECESSARY FOR EXPOSED INDIVIDUALS; AND 48 VI. PROPER PRECAUTIONS AND REMEDIAL ACTIONS TO TAKE AS A RESULT OF THE 49 RELEASE; AND 50 VII. THE NAME AND TELEPHONE NUMBER OF THE PERSON OR PERSONS TO BE 51 CONTACTED FOR FURTHER INFORMATION. 52 C. AS SOON AS PRACTICABLE AFTER A RELEASE THAT REQUIRES NOTICE UNDER 53 PARAGRAPH A OF THIS SUBDIVISION, SUCH OWNER OR OPERATOR SHALL PROVIDE A 54 WRITTEN FOLLOW-UP EMERGENCY NOTICE (OR NOTICES, AS MORE INFORMATION 55 BECOMES AVAILABLE) SETTING FORTH AND UPDATING THE INFORMATION REQUIRED 56 UNDER PARAGRAPH B OF THIS SUBDIVISION, AND INCLUDING: S. 2697 9 1 I. ACTIONS TAKEN TO RESPOND TO AND CONTAIN THE RELEASE; 2 II. ANY KNOWN OR ANTICIPATED ACUTE OR CHRONIC HEALTH RISKS ASSOCIATED 3 WITH THE RELEASE; AND 4 III. ADVICE REGARDING MEDICAL ATTENTION NECESSARY FOR EXPOSED INDIVID- 5 UALS. 6 D. THE DEPARTMENT SHALL POST ALL CHEMICAL SPILL REPORT INFORMATION 7 REFERENCED IN PARAGRAPHS A, B AND C OF THIS SUBDIVISION ON THE DEPART- 8 MENT'S WEBSITE. 9 4. THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS REQUIRING 10 THAT OWNERS OR OPERATORS OF WELLS GIVE WRITTEN NOTICE TO ALL PERSONS 11 RESIDING WITHIN ONE HALF MILE OF ANY PROPOSED WELL SITE TWO WEEKS BEFORE 12 DRILLING OR HYDRAULIC FRACTURING OPERATIONS BEGIN. OWNERS OR OPERATORS 13 OF WELLS SHALL PUBLISH A NOTICE IN A LOCAL NEWSPAPER CIRCULATING IN THE 14 AREA OF THE PROPOSED WELL SITE TWO WEEKS BEFORE DRILLING OR HYDRAULIC 15 FRACTURING OPERATIONS BEGIN. WITHIN TWO BUSINESS DAYS OF GIVING NOTICE 16 UNDER THIS SECTION, A LIST OF RECIPIENTS AND A COPY OF ALL NOTICES, WITH 17 PROOF OF DELIVERY IN COMPLIANCE WITH THIS SECTION, SHALL BE SUBMITTED TO 18 THE DEPARTMENT FOR INCLUSION IN THE DRILLING PERMIT FILE. COPIES OF ALL 19 NOTICES SHALL BE PUBLICLY AVAILABLE. 20 5. THE DEPARTMENT SHALL DEVELOP MAPS OF ALL KNOWN OIL AND GAS WELLS, 21 INCLUDING ACTIVE AND ABANDONED WELLS, IN NEW YORK USING A GEOGRAPHIC 22 INFORMATION SYSTEM AND MAKE THOSE MAPS SYSTEM PUBLICLY AVAILABLE ON THE 23 DEPARTMENT'S WEBSITE. 24 6. THE DEPARTMENT SHALL CREATE AND OPERATE AN EMERGENCY 1-800 TELE- 25 PHONE NUMBER FOR PUBLIC USE IN IDENTIFYING AND REPORTING ANY OIL OR 26 NATURAL GAS-RELATED INCIDENTS TO THE DEPARTMENT. 27 S 8. The environmental conservation law is amended by adding a new 28 section 23-0315 to read as follows: 29 S 23-0315. BEST MANAGEMENT PRACTICES. 30 1. THE COMMISSIONER SHALL NOT PERMIT ANY OWNER OR OPERATOR TO COMMENCE 31 OPERATIONS TO DRILL, DEEPEN, PLUG BACK OR CONVERT A WELL FOR EXPLORA- 32 TION, PRODUCTION, STORAGE OR DISPOSAL UNLESS SUCH OPERATIONS IMPLEMENT 33 BEST MANAGEMENT PRACTICES. 34 2. THE COMMISSIONER SHALL INCLUDE ALL APPLICABLE BEST MANAGEMENT PRAC- 35 TICES AS CONDITIONS OF EACH PERMIT TO DRILL, DEEPEN, PLUG BACK OR 36 CONVERT A WELL. 37 3. EVERY THREE YEARS, AFTER HOLDING A PUBLIC HEARING WITH DUE NOTICE, 38 THE COMMISSIONER SHALL PUBLISH AN INVENTORY OF BEST MANAGEMENT PRACTICES 39 THAT MAY BE INCLUDED AS SPECIAL CONDITIONS OF PERMITS FOR NATURAL GAS 40 DRILLING, DEPENDING UPON SITE-SPECIFIC ANALYSIS OF A PROPOSED WELL SITE 41 AND AVAILABLE CONTROL TECHNOLOGIES. ANY BEST MANAGEMENT PRACTICES THAT 42 MAY BE APPLIED TO ALL DRILLING PERMITS SHALL BE PROMULGATED AS REGU- 43 LATIONS IN COMPLIANCE WITH THE REQUIREMENTS OF THE STATE ADMINISTRATIVE 44 PROCEDURE ACT. 45 S 9. The environmental conservation law is amended by adding a new 46 section 23-0317 to read as follows: 47 S 23-0317. LIABILITY. 48 1. LIABLE PARTIES. THE FOLLOWING PERSONS SHALL BE LIABLE UNDER SUBDI- 49 VISION TWO OF THIS SECTION: 50 A. THE OWNER OF AN OIL AND GAS FACILITY OR PIPELINE; 51 B. THE OPERATOR OF AN OIL AND GAS FACILITY OR PIPELINE; 52 C. ANY PERSON WHO BY CONTRACT, AGREEMENT, OR OTHERWISE ARRANGED FOR 53 THE TRANSPORT OF OIL OR GAS, OR FOR THE TRANSPORT, DISPOSAL, OR TREAT- 54 MENT OF A HAZARDOUS SUBSTANCE USED IN OIL OR GAS OPERATIONS, INCLUDING 55 HAZARDOUS HYDRAULIC FRACTURING FLUID OR ANY HAZARDOUS COMPONENTS THERE- 56 OF; AND, S. 2697 10 1 D. ANY PERSON WHO ACCEPTS ANY HAZARDOUS SUBSTANCE USED IN OIL AND GAS 2 OPERATIONS FOR RECYCLING, DISPOSAL, OR TREATMENT. 3 2. LIABILITY. ANY LIABLE PARTY MENTIONED IN SUBDIVISION ONE OF THIS 4 SECTION SHALL BE LIABLE FOR ANY ENVIRONMENTAL DAMAGE FROM, OR THE CONSE- 5 QUENCES OF ANY HAZARDOUS RELEASE FROM, AN OIL AND GAS FACILITY, 6 WELL-BORE, PIPELINE, OR FROM ANY STORAGE OR DISPOSAL AREA FOR OIL, GAS, 7 OR A HAZARDOUS SUBSTANCE USED IN OIL OR GAS OPERATIONS INCLUDING: 8 A. ALL COSTS OF REMOVAL OR REMEDIAL ACTION INCURRED BY THE STATE OR 9 ANY SUBDIVISION THEREOF; 10 B. ANY OTHER NECESSARY COSTS OF RESPONSE OR MITIGATION INCURRED BY ANY 11 OTHER PERSON AUTHORIZED BY THE STATE TO RESPOND TO THE CONTAMINATION OR 12 MITIGATE THE EFFECTS THEREOF; 13 C. DAMAGES FOR INJURY TO, DESTRUCTION OF, OR LOSS OF NATURAL 14 RESOURCES, INCLUDING THE REASONABLE COSTS OF ASSESSING SUCH INJURY, 15 DESTRUCTION, OR LOSS RESULTING FROM SUCH A RELEASE; AND, 16 D. ALL DIRECT COSTS PROXIMATELY CAUSED BY THE ENVIRONMENTAL DAMAGE OR 17 THE CONSEQUENCES OF ANY HAZARDOUS RELEASE TO PRIVATE PARTIES, INCLUDING 18 BUT NOT LIMITED TO DAMAGE TO PROPERTY OWNED BY SUCH PARTIES OR INJURY TO 19 PERSONAL HEALTH OR WELFARE. 20 3. LIMITATION OF LIABILITY. NOTHING IN THIS SECTION SHOULD BE 21 CONSTRUED AS LIMITING THE LIABILITY OF ANY LIABLE PARTY IDENTIFIED IN 22 SUBDIVISION ONE OF THIS SECTION AS AGAINST ANY PRIVATE PARTY IN A CIVIL 23 ACTION. 24 4. NATURAL RESOURCES LIABILITY. A. IN THE EVENT OF AN INJURY TO, 25 DESTRUCTION OF, OR LOSS OF NATURAL RESOURCES UNDER PARAGRAPH C OF SUBDI- 26 VISION TWO OF THIS SECTION, LIABILITY SHALL BE TO THE STATE OF NEW YORK; 27 PROVIDED, HOWEVER, THAT NO LIABILITY TO THE STATE OF NEW YORK SHALL BE 28 IMPOSED UNDER PARAGRAPH C OF SUBDIVISION TWO OF THIS SECTION, WHERE THE 29 PARTY SOUGHT TO BE CHARGED HAS DEMONSTRATED THAT THE DAMAGES TO NATURAL 30 RESOURCES COMPLAINED OF WERE SPECIFICALLY IDENTIFIED AS AN IRREVERSIBLE 31 OR IRRETRIEVABLE COMMITMENT OF NATURAL RESOURCES IN AN ENVIRONMENTAL 32 IMPACT STATEMENT, OR OTHER COMPARABLE ENVIRONMENTAL ANALYSIS, AND THE 33 DECISION TO GRANT A PERMIT OR LICENSE AUTHORIZES SUCH COMMITMENT OF 34 NATURAL RESOURCES, AND THE FACILITY OR PROJECT WAS OTHERWISE OPERATING 35 WITHIN THE TERMS OF ITS PERMIT OR LICENSE. 36 B. THE COMMISSIONER, OR ANOTHER REPRESENTATIVE AUTHORIZED BY THE 37 GOVERNOR OF NEW YORK, SHALL ACT ON BEHALF OF THE PUBLIC AS TRUSTEE OF 38 SUCH NATURAL RESOURCES TO RECOVER FOR SUCH DAMAGES. SUMS RECOVERED BY 39 THE COMMISSIONER AS TRUSTEE UNDER THIS SUBSECTION SHALL BE RETAINED BY 40 THE TRUSTEE, WITHOUT FURTHER APPROPRIATION, FOR USE ONLY TO RESTORE, 41 REPLACE, OR ACQUIRE THE EQUIVALENT OF SUCH NATURAL RESOURCES. THE MEAS- 42 URE OF DAMAGES IN ANY ACTION UNDER PARAGRAPH C OF SUBDIVISION ONE OF 43 THIS SECTION SHALL NOT BE LIMITED BY THE SUMS WHICH CAN BE USED TO 44 RESTORE OR REPLACE SUCH RESOURCES. 45 5. FINANCIAL RESPONSIBILITY. A. ANY OWNER OR OPERATOR OF A WELL OR 46 WELLS MUST, BEFORE COMMENCEMENT OF OPERATIONS, POST A LIABILITY BOND OR 47 HOLD LIABILITY INSURANCE COVERAGE FOR EACH WELL OWNED OR OPERATED. 48 B. THE LIABILITY BOND OR INSURANCE REQUIRED BY PARAGRAPH A OF THIS 49 SUBDIVISION SHALL BE IN SUCH FORM AS THE DEPARTMENT BY REGULATION SHALL 50 REQUIRE AND IN SUCH AMOUNT AS THE DEPARTMENT SHALL DEEM TO BE REASONABLY 51 SUFFICIENT TO CORRECT, REPAIR OR REMEDY TO THE SATISFACTION OF THE 52 DEPARTMENT ANY ENVIRONMENTAL DAMAGE OR HAZARDOUS DISCHARGE RESULTING 53 FROM OIL OR GAS EXPLORATION OR PRODUCTION. HOWEVER, FOR WELLS LESS THAN 54 TWO THOUSAND FIVE HUNDRED FEET IN DEPTH OR LENGTH, A MINIMUM OF FIVE 55 THOUSAND FIVE HUNDRED DOLLARS PER WELL WILL BE REQUIRED TO SATISFY THIS 56 SECTION AND FOR WELLS BETWEEN TWO THOUSAND FIVE HUNDRED FEET AND SIX S. 2697 11 1 THOUSAND FEET IN DEPTH OR LENGTH, TEN THOUSAND FIVE HUNDRED DOLLARS PER 2 WELL WILL BE REQUIRED. WELLS GREATER THAN SIX THOUSAND FEET IN DEPTH OR 3 LENGTH AND FOR WHICH HYDRAULIC FRACTURING FLUID SHALL BE USED, WILL 4 REQUIRE THAT THE OPERATOR PROVIDE ADDITIONAL FINANCIAL SECURITY OF TWO 5 HUNDRED FIFTY THOUSAND DOLLARS, PROVIDED HOWEVER THE DEPARTMENT MAY 6 REQUIRE AN ADDITIONAL BOND OR FINANCIAL SECURITY IN AN AMOUNT SUFFICIENT 7 TO COVER POTENTIAL REMEDIATION COSTS ASSOCIATED WITH CONTAMINATION OF 8 THE ENVIRONMENT. 9 C. THE LIABILITY BOND OR INSURANCE REQUIRED BY PARAGRAPH A OF THIS 10 SUBDIVISION SHALL BE HELD FOR THE DURATION OF OPERATIONS. 11 D. AFTER OPERATIONS HAVE CEASED, ANY OWNER OR OPERATOR OF A WELL OR 12 WELLS SHALL POST A LIABILITY BOND OR HOLD LIABILITY INSURANCE FOR EACH 13 WELL OWNED OR OPERATED. 14 E. THE LIABILITY BOND OR INSURANCE REQUIRED BY PARAGRAPH D OF THIS 15 SUBDIVISION SHALL BE IN SUCH FORM AS THE DEPARTMENT BY REGULATION SHALL 16 REQUIRE AND IN SUCH AMOUNT AS THE DEPARTMENT SHALL DEEM SUFFICIENT TO 17 CORRECT, REPAIR, OR REMEDY TO THE SATISFACTION OF THE DEPARTMENT ANY 18 ENVIRONMENTAL DAMAGE OR HAZARDOUS DISCHARGE RESULTING FROM MOVEMENT OF 19 ANY HAZARDOUS SUBSTANCE FROM THE PLUGGED OR PERMANENTLY ABANDONED WELL. 20 F. THE LIABILITY BOND OR INSURANCE REQUIRED BY PARAGRAPH D OF THIS 21 SUBDIVISION SHALL BE HELD FOR ONE HUNDRED YEARS AFTER THE WELL HAS BEEN 22 PLUGGED OR PERMANENTLY ABANDONED. 23 G. NOTHING IN THIS SECTION SHALL AFFECT THE REQUIREMENTS OF PARAGRAPH 24 E OF SUBDIVISION THREE OF SECTION 23-1101 OF THIS ARTICLE. 25 6. DEFINITION OF NATURAL RESOURCES. "NATURAL RESOURCES" AS USED IN 26 THIS SECTION MEANS LAND, FISH, WILDLIFE, BIOTA, AIR, WATER, GROUND 27 WATER, DRINKING WATER SUPPLIES, AND OTHER SUCH RESOURCES BELONGING TO, 28 MANAGED BY, HELD IN TRUST BY, APPERTAINING TO, OR OTHERWISE CONTROLLED 29 BY THE STATE OF NEW YORK. 30 S 10. The environmental conservation law is amended by adding a new 31 section 23-0505 to read as follows: 32 S 23-0505. OIL AND GAS FACILITY LOCATION REQUIREMENTS. 33 1. MINIMUM SETBACKS. NO OIL AND GAS FACILITY, WELL-BORE, PIPELINE, OR 34 STORAGE OR DISPOSAL AREA FOR OIL, GAS, OR A HAZARDOUS SUBSTANCE USED IN 35 OIL OR GAS OPERATIONS SHALL BE LOCATED WITHIN TWO THOUSAND FEET OF ANY 36 SURFACE WATERS, GROUNDWATER WELL, HOME OR PRIVATE RESIDENCE (INCLUDING A 37 NURSING HOME), SCHOOL, CHURCH, DAY CARE FACILITY, OR HEALTH CARE FACILI- 38 TY. 39 2. SUBSURFACE LANDS. FOR THE PURPOSES OF SUBDIVISION ONE OF THIS 40 SECTION, THE SETBACKS APPLICABLE TO ANY SURFACE WATERS, GROUNDWATER 41 WELL, HOME OR PRIVATE RESIDENCE (INCLUDING A NURSING HOME), SCHOOL, 42 CHURCH, DAY CARE FACILITY, OR HEALTH CARE FACILITY SHALL ALSO APPLY TO 43 THE LAND DIRECTLY BELOW THOSE AREAS, INCLUDING ANY SUBSURFACE STRATA. 44 3. CONTAMINATION PREVENTION. A. SPILLS, WELL LEAKS, AND CONTAMINANT 45 FLOW FROM TARGETED FORMATION. 46 (1) THE WELL PAD OF ANY OIL OR GAS WELL LOCATED WITHIN ONE-HALF MILE 47 OF ANY SURFACE WATERS MUST BE SURROUNDED BY A PROTECTIVE BERM WITH A 48 WATER DETENTION CAPACITY OF AT LEAST TWENTY-FIVE THOUSAND GALLONS. THE 49 DEPARTMENT MAY REQUIRE A PROTECTIVE BERM TO HAVE A DETENTION CAPACITY 50 GREATER THAN TWENTY-FIVE THOUSAND GALLONS IF THE DEPARTMENT DETERMINES 51 IT IS NECESSARY TO PROTECT SURFACE WATERS FROM CONTAMINATION. 52 (2) THE DEPARTMENT SHALL REQUIRE A SITE-SPECIFIC ANALYSIS OF THE 53 TOPOGRAPHY, GEOLOGY, AND HYDROGEOLOGY OF ALL PROPOSED OIL AND GAS FACIL- 54 ITIES OR PIPELINES. THIS ANALYSIS SHOULD INCLUDE IDENTIFICATION OF ALL 55 POTENTIAL PATHWAYS AND RECEIVING WATERS FOR SPILLS FROM THE SITE TO 56 REACH SURFACE WATERS. S. 2697 12 1 (3) THE DEPARTMENT SHALL REQUIRE THE DEVELOPMENT OF GROUNDWATER 2 CONTOUR AND VERTICAL GRADIENT MAPS OF THE GEOLOGICAL FORMATION FROM THE 3 TARGET FORMATION TO THE GROUND SURFACE PRIOR TO APPROVAL OF ANY GAS 4 DRILLING PERMIT. 5 (4) THE DEPARTMENT SHALL PROMULGATE REGULATIONS IDENTIFYING TOPOGRAPH- 6 ICAL AND GEOLOGIC AND HYDROGEOLOGIC CONDITIONS, INCLUDING BUT NOT LIMIT- 7 ED TO STEEP SLOPES BETWEEN THE WELL PAD AND SURFACE WATERS; PROXIMITY TO 8 IMPAIRED WATERWAYS IDENTIFIED BY THE STATE OF NEW YORK PURSUANT TO 9 SECTION 303(D) OF THE FEDERAL CLEAN WATER ACT; CONDITIONS THAT WOULD 10 PERMIT SUDDEN SPILLS TO REACH SURFACE WATERS BEFORE CONTAINMENT IS 11 POSSIBLE; OR ANY OTHER CONDITIONS THAT WOULD INCREASE THE RISK OF 12 SURFACE OR GROUNDWATER CONTAMINATION OR FURTHER DEGRADATION THAT REQUIRE 13 SETBACKS LARGER THAN THOSE SPECIFIED IN SUBDIVISION ONE OF THIS SECTION 14 OR DENIAL OF A WELL DRILLING PERMIT. 15 (5) AS A CONDITION OF ANY PERMIT GRANTED PURSUANT TO SECTION 23-0501 16 OF THIS ARTICLE FOR ANY WELL SUBJECT TO SETBACK REQUIREMENTS, THE 17 DEPARTMENT SHALL ESTABLISH SETBACKS SUFFICIENT TO PROTECT HUMAN HEALTH 18 AND THE WATERS OF THE STATE. 19 B. MONITORING REQUIREMENTS. (1) ALL OIL OR GAS WELLS MUST BE EQUIPPED 20 WITH A MONITORING DEVICE OR DEVICES INSTALLED TO DETECT ANY CONTAMINANT 21 MOVEMENT FROM THE OIL OR GAS WELL IN THE DIRECTION OF ANY GROUNDWATER OR 22 GROUNDWATER WELL. 23 (2) THE DEPARTMENT SHALL PROMULGATE REGULATIONS ESTABLISHING A MONI- 24 TORING PROGRAM TO DETECT ANY CONTAMINANT MOVEMENT FROM AN OIL OR GAS 25 FACILITY. THE REGULATIONS SHALL PROVIDE, AT A MINIMUM, THAT: 26 (I) MONITORING SHALL OCCUR NO LESS OFTEN THAN QUARTERLY; 27 (II) GROUNDWATER MONITORING SHALL COMMENCE AT OR NEAR THE PROPOSED 28 WELL SITE AT LEAST THREE HUNDRED SIXTY-FIVE DAYS BEFORE DRILLING BEGINS 29 TO PROVIDE A WATER QUALITY BASELINE THAT ACCOUNTS FOR SEASONAL CHANGES 30 IN WATER QUALITY; 31 (III) MONITORING SHALL CONTINUE FOR THE DURATION OF OPERATIONS UNTIL 32 FIFTY YEARS AFTER OPERATIONS HAVE CEASED OR THE OIL AND GAS WELL HAS 33 BEEN PLUGGED OR PERMANENTLY ABANDONED; 34 (IV) THE MONITORING DEVICE OR DEVICES USED TO DETECT CONTAMINANT MOVE- 35 MENT SHALL REFLECT THE BEST TECHNOLOGY AVAILABLE FOR SUCH MONITORING; 36 (V) MONITORING SHALL BE CONDUCTED FOR ONE OR MORE ACTUAL CONSTITUENTS 37 OF DRILLING AND FRACTURING FLUIDS USED AT EACH PROXIMATE SITE; AND 38 (VI) SCREEN LENGTHS, MONITORING WELL DENSITY AND MONITORED AQUIFERS 39 SHALL BE BASED UPON A CONCEPTUAL FLOW MODEL, DEVELOPED ON THE BASIS OF 40 ALL AVAILABLE OR NEW DATA, AS APPROPRIATE, TO DETECT A LEAK OR MIGRATION 41 OF ANY CONTAMINATION SO AS TO MAXIMIZE THE POSSIBILITY OF DETECTION 42 PRIOR TO CONTAMINATION OF ANY DRINKING WATER SOURCE. 43 S 11. The environmental conservation law is amended by adding a new 44 section 23-0507 to read as follows: 45 S 23-0507. EXCLUSION AREAS. 46 1. THE DEPARTMENT SHALL IDENTIFY SPECIFIC AREAS WITH DETERMINABLE 47 BOUNDARIES IN WHICH ANY OIL AND GAS FACILITIES, WELL-BORES, PIPELINES, 48 OR STORAGE OR DISPOSAL AREAS FOR OIL, GAS, OR A HAZARDOUS SUBSTANCE USED 49 IN OIL OR GAS OPERATIONS WILL BE PROHIBITED. THESE AREAS SHALL INCLUDE: 50 A. THE AREA AROUND AND INCLUDING THE NEW YORK CITY WATERSHED; 51 B. THE AREA AROUND AND INCLUDING ANY WATER SYSTEM THAT HAS RECEIVED, 52 AT ANY POINT IN TIME, A FILTRATION AVOIDANCE DETERMINATION FROM THE 53 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; 54 C. ANY AREA OVERLYING A SOLE SOURCE AQUIFER; 55 D. ANY OTHER AREA IDENTIFIED BY THE DEPARTMENT AS NECESSARY FOR THE 56 PROTECTION OF DRINKING WATER RESOURCES; S. 2697 13 1 E. ANY AREA IDENTIFIED AS A CRITICAL HABITAT FOR A THREATENED OR 2 ENDANGERED SPECIES UNDER SECTION FOUR OF THE FEDERAL ENDANGERED SPECIES 3 ACT (42 U.S.C. S 1533) OR ANY AREA IDENTIFIED AS A "NATURAL HERITAGE 4 AREA" UNDER SECTION 11-0539 OF THIS CHAPTER; 5 F. ANY AREA IDENTIFIED BY THE DEPARTMENT AS A BIRD CONSERVATION AREA 6 OR ANY OTHER CRITICAL BIRD HABITAT FOR THE PROTECTION OF MIGRATORY OR 7 NON-MIGRATORY BIRDS; 8 G. ALL FLOODPLAINS; AND, 9 H. ALL AREAS WITHIN ANY NEW YORK STATE PARK, FOREST PRESERVE, STATE 10 FOREST, WILDLIFE REFUGE, WILDLIFE MANAGEMENT AREA, OR WILDERNESS AREA. 11 2. FOR ANY AREAS IDENTIFIED IN PARAGRAPH A OR B OF SUBDIVISION ONE OF 12 THIS SECTION THE DEPARTMENT SHALL IDENTIFY AN ADDITIONAL AREA AROUND THE 13 PRIMARY DRINKING WATER RESOURCE IN WHICH OIL AND GAS OPERATIONS SHALL BE 14 PROHIBITED IN ORDER TO ENSURE ADEQUATE PROTECTION OF SUCH RESOURCE. 15 3. FOR ANY AREAS IDENTIFIED IN PARAGRAPHS A, B, C, OR E OF SUBDIVISION 16 ONE OF THIS SECTION THE DEPARTMENT SHALL ADD AN ADDITIONAL EXCLUSION 17 BUFFER OF NO LESS THAN ONE-HALF MILE IN WHICH ANY OIL AND GAS FACILI- 18 TIES, WELL-BORES, PIPELINES, OR STORAGE OR DISPOSAL AREAS FOR OIL, GAS, 19 OR A HAZARDOUS SUBSTANCE USED IN OIL OR GAS OPERATIONS WILL BE PROHIBIT- 20 ED. 21 4. ALL AREAS IDENTIFIED IN SUBDIVISION ONE OF THIS SECTION AND THE 22 EXCLUSION BUFFER AREAS IDENTIFIED IN SUBDIVISION TWO OF THIS SECTION 23 SHALL INCLUDE ALL THE LAND LOCATED DIRECTLY BELOW THOSE AREAS, INCLUDING 24 ALL LEVELS OF SUBSURFACE STRATA. 25 5. THE DEPARTMENT MAY ALSO IDENTIFY ANY OTHER EXCLUSION AREA FOR THE 26 PROTECTION OF ANY NATURAL RESOURCE AS DEFINED IN SUBDIVISION SIX OF 27 SECTION 23-0317 OF THIS ARTICLE OR FOR THE HEALTH, SAFETY, OR GENERAL 28 WELFARE OF ANY CITIZEN, RESIDENT, OR VISITOR IN THE STATE OF NEW YORK. 29 S 12. The environmental conservation law is amended by adding a new 30 section 23-0509 to read as follows: 31 S 23-0509. PROHIBITION ON WASTE STORAGE PITS OR IMPOUNDMENTS. 32 PITS AND OTHER IMPOUNDMENTS, WHETHER OR NOT LINED, SHALL NOT BE USED 33 FOR ON-SITE OR OFF-SITE COLLECTION OR STORAGE OF ANY OIL OR GAS EXPLORA- 34 TION, STIMULATION, OR PRODUCTION WASTES, INCLUDING BUT NOT LIMITED TO 35 DRILLING FLUIDS AND CUTTINGS, HYDRAULIC FRACTURING FLOWBACK, PRODUCED 36 WATER, AND RESIDUAL SLUDGES OR BRINES REMAINING AFTER ON-SITE TREATMENT 37 OF OIL OR GAS WASTES FOR REUSE OR RECYCLING. ALL OIL OR GAS EXPLORATION, 38 STIMULATION, OR PRODUCTION WASTES SHALL BE COLLECTED AND STORED AND 39 RETRIEVABLE AT ALL TIMES IN CLOSED-LOOP SYSTEMS. THE DEPARTMENT SHALL 40 PROMULGATE MINIMUM STANDARDS FOR CLOSED-LOOP SYSTEMS FOR OIL AND GAS 41 WASTE COLLECTION, STORAGE, AND RETRIEVAL. 42 S 13. Section 23-1903 of the environmental conservation law, as 43 amended by section 1 of part R-1 of chapter 62 of the laws of 2003, is 44 amended to read as follows: 45 S 23-1903. Imposition of oil, gas and solution mining regulation and 46 reclamation fees. 47 1. When a permit is granted to a person by the department pursuant to 48 section 23-0305 of this article to drill a well or when a person 49 converts a well to one subject to the oil, gas and solution mining law, 50 such person shall pay to the department: 51 a. A one hundred dollar fee to be credited to the oil and gas account 52 established under chapter fifty-eight of the laws of nineteen hundred 53 eighty-two; and 54 b. A fee in accordance with the depth AND LENGTH drilled or expected 55 to be drilled as set forth below: 56 0- 500ft. - [$ 190] $ 250 S. 2697 14 1 501- 1000ft. - [$ 380] $ 500 2 1001- 1500ft. - [$ 570] $ 750 3 1501- 2000ft. - [$ 760] $1000 4 2001- 2500ft. - [$ 950] $1250 5 2501- 3000ft. - [$1,140] $1500 6 3001- 3500ft. - [$1,330] $1750 7 3501- 4000ft. - [$1,520] $2000 8 4001- 4500ft. - [$1,710] $2250 9 4501- 5000ft. - [$1,900] $2500 10 5001- 5500ft. - [$2,090] $2750 11 5501- 6000ft. - [$2,280] $3000 12 6001- 6500ft. - [$2,470] $3250 13 6501- 7000ft. - [$2,660] $3500 14 7001- 7500ft. - [$2,850] $3750 15 7501- 8000ft. - [$3,040] $4000 16 8001- 8500ft. - [$3,230] $4250 17 8501- 9000ft. - [$3,420] $4500 18 9001- 9500ft. - [$3,610] $4750 19 9501-10,000ft.- [$3,800] $5000 20 over 10,000ft.- [$3,800] $5000 plus [$190] $250 for each incremental 21 500 feet of depth OR LENGTH over 10,000 feet. 22 A person who has paid the fees described shall not be required to pay 23 any additional fee for a well conversion. The fee for well deepening 24 permits pertaining to wells for which a well drilling permit was issued 25 after August twenty-fifth, nineteen hundred eighty-one, shall be calcu- 26 lated on the basis of the additional depth OR LENGTH drilled. 27 In the event the actual depth drilled exceeds the depth expected to be 28 drilled, an additional amount shall be paid such that the total fee paid 29 shall be in accordance with the schedule set forth in this paragraph. 30 2. THE DEPARTMENT SHALL REVIEW THE FEE SCHEDULES SET FORTH IN THIS 31 SECTION PRIOR TO SEPTEMBER FIRST OF EACH YEAR. THE FIGURES WILL BE 32 ADJUSTED UP OR DOWN ANNUALLY BY THE PREVIOUS TWELVE MONTH INFLATION 33 FACTOR. THE INFLATION FACTOR IS BASED UPON THE UNITED STATES DEPARTMENT 34 OF LABOR, BUREAU OF LABOR STATISTICS DATA PUBLISHED IN THE MONTHLY CPI 35 DETAILED REPORT. THE DATA WILL BE TAKEN FROM THE MOST RECENT REPORT 36 AVAILABLE ON JULY FIRST OF EACH YEAR AND THE ACTUAL PERCENTAGE USED WILL 37 BE THE PAST YEAR PERCENT CHANGE FOR THE U.S. CITY AVERAGE, ALL ITEMS, 38 ALL URBAN CONSUMERS. 39 3. Upon requesting from the department any determination under the 40 Natural Gas Policy Act, such person shall pay a [fifty] ONE HUNDRED 41 dollar fee per well for each such determination. 42 S 14. Article 23 of the environmental conservation law is amended by 43 adding a new title 29 to read as follows: 44 TITLE 29 45 CITIZEN SUITS 46 SECTION 23-2901. ACTIONS TO ENFORCE LAWS ON POLLUTION, IMPAIRMENT OR 47 DESTRUCTION OF ENVIRONMENT, OR TO PROTECT ENVIRON- 48 MENT; DISMISSAL OF FRIVOLOUS ACTIONS. 49 S 23-2901. ACTIONS TO ENFORCE LAWS ON POLLUTION, IMPAIRMENT OR 50 DESTRUCTION OF ENVIRONMENT, OR TO PROTECT ENVIRONMENT; 51 DISMISSAL OF FRIVOLOUS ACTIONS. 52 1. ANY PERSON MAY COMMENCE A CIVIL ACTION IN A COURT OF COMPETENT 53 JURISDICTION AGAINST ANY OTHER PERSON ALLEGED TO BE IN VIOLATION OF ANY 54 STATUTE, REGULATION OR ORDINANCE WHICH IS DESIGNED TO PREVENT, MINIMIZE 55 OR CONTROL POLLUTION, IMPAIRMENT OR DESTRUCTION OF THE ENVIRONMENT. THE 56 ACTION MAY BE FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF TO COMPEL COMPLI- S. 2697 15 1 ANCE WITH A STATUTE, REGULATION OR ORDINANCE, OR TO ASSESS CIVIL PENAL- 2 TIES FOR THE VIOLATION AS PROVIDED BY LAW. THE ACTION MAY BE COMMENCED 3 UPON AN ALLEGATION THAT A PERSON IS IN VIOLATION, EITHER CONTINUOUSLY OR 4 INTERMITTENTLY, OF A STATUTE, REGULATION OR ORDINANCE, AND THAT THERE IS 5 A LIKELIHOOD THAT THE VIOLATION WILL RECUR IN THE FUTURE. 6 2. EXCEPT IN THOSE INSTANCES WHERE THE CONDUCT COMPLAINED OF CONSTI- 7 TUTES A VIOLATION OF A STATUTE, REGULATION OR ORDINANCE WHICH ESTAB- 8 LISHES A MORE SPECIFIC STANDARD FOR THE CONTROL OF POLLUTION, IMPAIRMENT 9 OR DESTRUCTION OF THE ENVIRONMENT, ANY PERSON MAY COMMENCE A CIVIL 10 ACTION IN ANY COURT OF COMPETENT JURISDICTION FOR DECLARATORY AND EQUI- 11 TABLE RELIEF AGAINST ANY OTHER PERSON FOR THE PROTECTION OF THE ENVIRON- 12 MENT, OR THE INTEREST OF THE PUBLIC THEREIN, FROM POLLUTION, IMPAIRMENT 13 OR DESTRUCTION OCCURRING IN VIOLATION, EITHER CONTINUOUSLY OR INTERMIT- 14 TENTLY, OF THIS ARTICLE. 15 3. THE COURT MAY, ON THE MOTION OF ANY PARTY, OR ON ITS OWN MOTION, 16 DISMISS ANY ACTION BROUGHT PURSUANT TO THIS ACT WHICH ON ITS FACE 17 APPEARS TO BE PATENTLY FRIVOLOUS, HARASSING OR WHOLLY LACKING IN MERIT. 18 S 15. Article 23 of the environmental conservation law is amended by 19 adding a new title 31 to read as follows: 20 TITLE 31 21 HEALTH IMPACT ASSESSMENT 22 SECTION 23-3101. PREPARATION OF HEALTH IMPACT ASSESSMENT. 23 S 23-3101. PREPARATION OF HEALTH IMPACT ASSESSMENT. 24 1. NO PERMIT SHALL BE ISSUED UNDER SECTION 23-0501 OF THIS ARTICLE 25 UNTIL THE DEPARTMENT OF HEALTH HAS COMPLETED THE HEALTH IMPACT ASSESS- 26 MENT DESCRIBED IN SUBDIVISION TWO OF THIS SECTION AND THE DEPARTMENT HAS 27 ADOPTED REGULATIONS AND IMPLEMENTED ANY MITIGATION MEASURES RECOMMENDED 28 IN THE HEALTH IMPACT ASSESSMENT. THE PURPOSE OF A HEALTH IMPACT ASSESS- 29 MENT IS TO PROVIDE DETAILED INFORMATION ABOUT THE EFFECT OIL AND GAS 30 OPERATIONS ARE LIKELY TO HAVE ON PUBLIC HEALTH, TO IDENTIFY MEASURES 31 THAT COULD BE IMPLEMENTED TO MINIMIZE ANY ADVERSE EFFECTS OF SUCH OPER- 32 ATIONS, AND TO SUGGEST ALTERNATIVES TO SUCH AN ACTION SO AS TO FORM THE 33 BASIS FOR A DECISION WHETHER OR NOT TO UNDERTAKE OR APPROVE SUCH ACTIV- 34 ITIES. 35 2. THE DEPARTMENT OF HEALTH SHALL PREPARE, OR CAUSE TO BE PREPARED BY 36 CONTRACT OR OTHERWISE, A COMPREHENSIVE HEALTH IMPACT ASSESSMENT OF OIL 37 AND GAS OPERATIONS INVOLVING ANY SHALE FORMATION, INCLUDING ALL OPER- 38 ATIONS RELATED AND INCIDENT THERETO, WHICH MAY HAVE AN ADVERSE IMPACT ON 39 PUBLIC HEALTH. 40 A. SUCH AN ASSESSMENT SHALL INCLUDE A DETAILED STATEMENT SETTING FORTH 41 THE FOLLOWING: 42 I. A DESCRIPTION OF THE OPERATIONS; 43 II. THE PUBLIC HEALTH IMPACT OF THE OPERATIONS, INCLUDING SHORT-TERM 44 AND LONG-TERM EFFECTS; 45 III. WHETHER AN OPERATION OCCURS IN, OR DISPROPORTIONATELY WILL IMPOSE 46 NEGATIVE HEALTH IMPACTS UPON A POTENTIAL ENVIRONMENTAL JUSTICE AREA, AND 47 IF SO, THE IDENTITY OF SUCH AREA; 48 IV. ANY ADVERSE PUBLIC HEALTH EFFECTS THAT CANNOT BE AVOIDED; 49 V. ALTERNATIVES TO THE OIL AND GAS OPERATIONS GENERALLY OR ALTERNA- 50 TIVES TO ANY ASPECT RELATED OR INCIDENT THERETO WHICH MAY HAVE AN 51 ADVERSE IMPACT ON PUBLIC HEALTH; 52 VI. MITIGATION MEASURES PROPOSED TO MINIMIZE THE PUBLIC HEALTH IMPACT; 53 VII. ANY SUCH OTHER INFORMATION CONSISTENT WITH THE PURPOSES OF THIS 54 ARTICLE AS MAY BE PRESCRIBED IN GUIDELINES ISSUED BY THE COMMISSIONER. 55 B. THE DEPARTMENT OF HEALTH SHALL FIRST ISSUE A DRAFT HEALTH IMPACT 56 ASSESSMENT THAT SATISFIES THE REQUIREMENTS OF PARAGRAPH A OF THIS SUBDI- S. 2697 16 1 VISION. THE DRAFT SHOULD RESEMBLE IN FORM AND CONTENT THE HEALTH IMPACT 2 ASSESSMENT TO BE PREPARED AFTER COMMENTS HAVE BEEN RECEIVED AND CONSID- 3 ERED. 4 3. THE DRAFT ASSESSMENT SHALL BE FILED WITH THE DEPARTMENT. 5 A. THE DEPARTMENT AND THE DEPARTMENT OF HEALTH SHALL SOLICIT COMMENTS 6 FROM THE PUBLIC AND FEDERAL, STATE, REGIONAL AND LOCAL AGENCIES HAVING 7 AN INTEREST IN THE ASSESSMENT. THE COMMENT PERIOD SHALL LAST NO SHORTER 8 THAN NINETY DAYS. 9 B. THE DRAFT ASSESSMENT SHALL BE POSTED ON THE DEPARTMENT OF HEALTH'S 10 AND THE DEPARTMENT'S WEBSITES. 11 4. AFTER THE FILING OF A DRAFT HEALTH IMPACT ASSESSMENT EITHER THE 12 DEPARTMENT OF HEALTH OR THE DEPARTMENT SHALL DETERMINE WHETHER OR NOT TO 13 CONDUCT A PUBLIC HEARING ON THE PUBLIC HEALTH IMPACT OF THE OIL AND GAS 14 OPERATIONS. IF EITHER AGENCY DETERMINES TO HOLD SUCH HEARING, IT SHALL 15 COMMENCE THE HEARING WITHIN SIXTY DAYS OF THE FILING UNLESS THE PROPOSED 16 ACTION IS WITHDRAWN FROM CONSIDERATION. 17 5. IF NO HEARING IS HELD, THE AGENCY SHALL PREPARE AND MAKE AVAILABLE 18 THE FINAL HEALTH IMPACT ASSESSMENT. THE FINAL ASSESSMENT SHALL INCLUDE 19 COPIES OR A SUMMARY OF THE SUBSTANTIVE COMMENTS RECEIVED BY THE AGENCY 20 PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, AND THE AGENCY RESPONSE TO 21 SUCH COMMENTS. 22 6. THE HEALTH IMPACT ASSESSMENT TOGETHER WITH ALL COMMENTS, SHALL BE 23 FILED WITH THE COMMISSIONER, MADE AVAILABLE TO THE PUBLIC, AND POSTED ON 24 A PUBLICLY-AVAILABLE INTERNET WEBSITE UPON ISSUANCE. 25 7. WHEN AN AGENCY DECIDES TO CARRY OUT OR APPROVE AN ACTION WHICH HAS 26 BEEN THE SUBJECT OF THIS HEALTH IMPACT ASSESSMENT, IT SHALL MAKE AN 27 EXPLICIT FINDING THAT THE REQUIREMENTS OF THIS SECTION HAVE BEEN MET AND 28 THAT TO THE MAXIMUM EXTENT PRACTICABLE, ADVERSE PUBLIC HEALTH IMPACTS 29 REVEALED IN THE HEALTH IMPACT ASSESSMENT PROCESS WILL BE MINIMIZED OR 30 AVOIDED. 31 8. WHERE THE DEPARTMENT OF HEALTH CONCLUDES OR THE HEALTH IMPACT 32 ASSESSMENT INDICATES THAT THE OIL AND GAS OPERATIONS, OR OPERATIONS 33 RELATED OR INCIDENT THERETO, OCCUR IN, OR DISPROPORTIONATELY WILL IMPOSE 34 NEGATIVE HEALTH IMPACTS UPON A POTENTIAL ENVIRONMENTAL JUSTICE AREA, THE 35 DEPARTMENT OF HEALTH SHALL REQUIRE A SITE SPECIFIC HEALTH IMPACT ASSESS- 36 MENT. THAT ASSESSMENT SHALL CONFORM TO THE REQUIREMENTS SET FORTH IN 37 SUBDIVISION TWO OF THIS SECTION, AND THE DEPARTMENT OF HEALTH SHALL MAKE 38 REGULATIONS SPECIFYING ADDITIONAL REQUIREMENTS WHICH SHALL APPLY TO SITE 39 SPECIFIC ASSESSMENTS. NO PERMIT SHALL BE ISSUED UNDER SECTION 23-0501 OF 40 THIS ARTICLE IN ANY AREA SUBJECT TO A SITE SPECIFIC HEALTH IMPACT 41 ASSESSMENT UNTIL THE SITE SPECIFIC HEALTH IMPACT ASSESSMENT HAS BEEN 42 COMPLETED AND THE MITIGATION MEASURES SUGGESTED THEREIN HAVE BEEN 43 ADOPTED. THE DEPARTMENT OF HEALTH MAY REQUIRE A SITE SPECIFIC HEALTH 44 IMPACT ASSESSMENTS IN ANY OTHER CIRCUMSTANCES IT DEEMS ADVISABLE. 45 S 16. Article 23 of the environmental conservation law is amended by 46 adding a new title 33 to read as follows: 47 TITLE 33 48 AIR QUALITY MONITORING 49 SECTION 23-3301. AIR QUALITY MONITORING. 50 S 23-3301. AIR QUALITY MONITORING. 51 WITHIN SIX MONTHS OF THE ENACTMENT OF THIS SECTION THE DEPARTMENT 52 SHALL: 53 1. PREPARE A DRAFT AIR QUALITY TESTING AND MONITORING PLAN FOR ALL 54 AREAS OF CURRENT OR POTENTIAL OIL AND GAS OPERATIONS IN NEW YORK STATE. 55 THE DRAFT PLAN SHALL BE SUBJECT TO PUBLIC REVIEW, INCLUDING BUT NOT S. 2697 17 1 LIMITED TO NOTICE AND A COMMENT PERIOD OF AT LEAST THIRTY DAYS. THE 2 DRAFT AND FINAL PLAN SHALL INCORPORATE THE FOLLOWING MINIMUM PROVISIONS: 3 A. MANDATORY BASELINE TESTING OF AIR QUALITY AND AIR POLLUTANT EMIS- 4 SIONS THROUGHOUT THE OIL AND GAS DEVELOPMENT REGION OF NEW YORK STATE, 5 INCLUDING EMISSIONS FROM BOTH MOBILE AND STATIONARY AIR CONTAMINATION 6 SOURCES INVOLVED IN OIL AND GAS OPERATIONS, AS DEFINED IN SUBDIVISION 7 FIVE OF SECTION 19-0107 OF THIS CHAPTER; 8 B. DEPLOYMENT OF A SUFFICIENT NUMBER OF AIR QUALITY MONITORING DEVICES 9 WITHIN THE OIL AND GAS DEVELOPMENT REGION TO ENSURE PROMPT DETECTION OF 10 ANY VIOLATIONS OF AIR QUALITY STANDARDS; 11 C. DELINEATION OF OIL AND GAS DEVELOPMENT SUBREGIONS WITHIN NEW YORK 12 STATE, BASED ON THE AIRSHEDS FOR EACH REGULATED POLLUTANT EMITTED BY OIL 13 AND GAS FACILITIES; PREPARATION OF CUMULATIVE IMPACT ANALYSES OF AIR 14 EMISSIONS IN EACH SUBREGION, INCLUDING EMISSIONS FROM ALL NATURAL GAS 15 COMPRESSOR STATIONS; AND DEVELOPMENT OF STANDARDS AND REGULATORY PROCE- 16 DURES FOR CONTROL OF COMPRESSOR STATION EMISSIONS; 17 D. DEVELOPMENT OF PROCEDURES AND A SCHEDULE FOR THE REGULAR MONITORING 18 AND REPORTING OF AIR QUALITY AND AIR POLLUTANT DENSITY WITHIN EACH OF 19 THE SUBREGIONS; 20 E. MANDATORY POSTING OF SUCH REPORTS ON THE DEPARTMENT'S WEBSITE; 21 F. ESTABLISHMENT OF PROCEDURES FOR APPROPRIATE RESPONSES, INCLUDING 22 EMERGENCY RESPONSES, TO VIOLATIONS OF AIR QUALITY STANDARDS. 23 2. IN THE FINAL AIR QUALITY TESTING AND MONITORING PLAN, THE DEPART- 24 MENT SHALL RESPOND TO ALL SUBSTANTIVE COMMENTS TIMELY SUBMITTED ON THE 25 DRAFT PLAN. 26 3. NO PERMIT SHALL BE ISSUED UNDER SECTION 23-0501 OF THIS ARTICLE 27 UNTIL THIRTY DAYS AFTER NOTICE OF THE FINAL PLAN IS PUBLISHED IN THE 28 ENVIRONMENTAL NOTICE BULLETIN. 29 4. NO PERMIT SHALL BE ISSUED UNDER SECTION 23-0501 OF THIS ARTICLE, IF 30 AIR EMISSIONS FROM THE PERMITTED OPERATION WOULD CAUSE OR CONTRIBUTE TO 31 A VIOLATION OF ANY AIR QUALITY STANDARD. 32 S 17. Section 27-0903 of the environmental conservation law is amended 33 by adding a new subdivision 4 to read as follows: 34 4. UNIFORM TREATMENT OF WASTE. NOTWITHSTANDING ANY OTHER LAW OR REGU- 35 LATION TO THE CONTRARY, ALL WASTE RESULTING FROM THE EXPLORATION, DEVEL- 36 OPMENT, EXTRACTION OR PRODUCTION OF CRUDE OIL OR NATURAL GAS, INCLUDING 37 BUT NOT LIMITED TO DRILLING FLUIDS AND PRODUCED WATERS, SHALL BE CONSID- 38 ERED HAZARDOUS WASTE UNDER THE LAW OF THIS STATE AND SUBJECT TO ALL 39 PERTINENT GENERATION, TRANSPORTATION, TREATMENT, STORAGE, AND DISPOSAL 40 LAWS AND REGULATIONS, IF SUCH WASTE MEETS THE DEFINITION OF HAZARDOUS 41 WASTE SET FORTH IN SUBDIVISION THREE OF SECTION 27-0901 OF THIS CHAPTER. 42 WITHIN SIX MONTHS FROM THE EFFECTIVE DATE OF THIS SUBDIVISION, THE 43 DEPARTMENT SHALL MAKE ALL NECESSARY CHANGES TO BRING ITS REGULATIONS 44 INTO COMPLIANCE WITH THIS SECTION. 45 S 18. Section 15-1501 of the environmental conservation law, as 46 amended by chapter 233 of the laws of 1979, is amended to read as 47 follows: 48 S 15-1501. [New or additional sources of water supply] WATER WITHDRAWAL; 49 permit. 50 1. Except as otherwise provided in this title, no person [or public 51 corporation] who is authorized and engaged in, or proposing to engage 52 in, the [acquisition, conservation, development, use and distribution of 53 water for potable purposes, for the irrigation of agricultural lands, 54 for projects taken pursuant to Article 5-D of the County Law, or for 55 multi-purpose projects authorized by a general plan adopted and approved 56 pursuant to title 11 of this article,] OPERATION OF A WATER WITHDRAWAL S. 2697 18 1 SYSTEM WITH A CAPACITY OF GREATER THAN OR EQUAL TO THE THRESHOLD VOLUME, 2 shall have any power to do the following until such person [or public 3 corporation] has first obtained a permit OR PERMIT MODIFICATION from the 4 department pursuant to this title: 5 a. To [acquire or take] MAKE a water [supply] WITHDRAWAL FROM A NEW 6 SOURCE or an [additional] INCREASED water [supply] WITHDRAWAL from an 7 existing [approved] source; [or] 8 b. To take or condemn lands for THE PROTECTION OF ANY EXISTING SOURCES 9 OF PUBLIC WATER SUPPLY; OR FOR THE DEVELOPMENT OR PROTECTION OF any new 10 or additional sources of PUBLIC water supply [or for the utilization of 11 such supplies]; [or] 12 c. To commence or undertake the construction of any works or projects 13 in connection with the proposed [plans] WITHDRAWAL; or 14 d. [To exercise any franchise hereafter granted to supply water to any 15 inhabitants of the state; or 16 e. To extend its supply or distribution mains into a municipality, 17 water district, water supply district, or other civil division of the 18 state wherein it has not heretofore legally supplied water; or 19 f. To construct any extension of its supply mains except within a 20 service area approved by the department after public hearing; or 21 g. To extend the boundaries of a water district; or 22 h. To supply water in or for use in any other municipality or civil 23 division of the state which owns and operates a water supply system 24 therein, or in any duly organized water supply or fire district supplied 25 with water by another person or public corporation] TO MAKE A SIGNIF- 26 ICANT CHANGE IN THE PRINCIPAL USE OF THE WATER WITHDRAWAL SYSTEM FROM 27 THAT SPECIFIED IN THE PERMIT, OR PERMIT APPLICATION. 28 2. [A permit shall not be necessary for the extension of supply or 29 distributing mains or pipes of a municipal water supply plant into and 30 for the purpose of supplying water in any territory within the limits of 31 the municipality owning such plant, including territory which has not 32 been heretofore supplied with water by such plant, nor for the recon- 33 struction or replacement of existing facilities in connection with an 34 existing plant wherein the capacity of the plant is in no way increased, 35 nor for the construction of filtration or other treatment facilities 36 which will not in any way increase the amount of water which can be made 37 available from the present sources of supply. A permit shall not be 38 necessary for the extension of supply or distributing mains or pipes of 39 a county water authority into and for the purpose of supplying water in 40 any territory assigned to such county water authority within the limits 41 of the county but excluding territory specifically assigned to private 42 or other municipal water companies by the department which has not been 43 heretofore supplied with water by such county water authority, nor for 44 the reconstruction or replacement of existing facilities in connection 45 with an existing plant wherein the capacity of the plant is in no way 46 increased, nor for the construction of filtration or other treatment 47 facilities which will not in any way increase the amount of water which 48 can be made available from the present sources of supply, provided, 49 however, that nothing herein contained shall be held to authorize such 50 county water authority to enter into competition with, for the purpose 51 of service in the area served by the mains, the transmission or distrib- 52 ution mains of any other water works system, either publicly or private- 53 ly owned, already legally established in said county for the sale of 54 water at wholesale or retail, or which hereafter may legally be estab- 55 lished for said purpose; or to sell water to any other water works 56 system, either publicly or privately owned, and not now served by said S. 2697 19 1 county authority] ALL PERSONS REQUIRED TO OBTAIN A PERMIT UNDER THIS 2 SECTION SHALL SUBMIT ANNUALLY TO THE DEPARTMENT A FEE IN AN AMOUNT 3 PRESCRIBED IN TITLE EIGHT OF ARTICLE SEVENTY-TWO OF THIS CHAPTER; 4 PROVIDED, HOWEVER, THAT NO PERSON SHALL BE REQUIRED TO PAY SUCH FEE 5 UNTIL THE DEPARTMENT PROMULGATES REGULATIONS PURSUANT TO SUBDIVISION 6 FIVE OF THIS SECTION. 7 3. UNTIL THE DEPARTMENT PROMULGATES REGULATIONS PURSUANT TO SUBDIVI- 8 SION FIVE OF THIS SECTION, NOTHING CONTAINED IN SUBDIVISION ONE OF THIS 9 SECTION CONCERNING PERMITS FROM THE DEPARTMENT SHALL BE APPLICABLE TO 10 WATER WITHDRAWALS OTHER THAN FOR A PUBLIC WATER SUPPLY SYSTEM. UNTIL AND 11 UNLESS OTHERWISE PROVIDED BY SUCH REGULATIONS, ALL VALID PUBLIC WATER 12 SUPPLY PERMITS ISSUED BY THE DEPARTMENT OR ITS PREDECESSORS SHALL REMAIN 13 IN FULL FORCE AND EFFECT AND SHALL BE DEEMED TO SATISFY THE PERMIT 14 REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION FOR EXISTING WATER WITH- 15 DRAWALS FROM A SOURCE AND IN AN AMOUNT AUTHORIZED BY THE PERMIT. 16 4. Nothing CONTAINED in this [section provided] TITLE CONCERNING 17 PERMITS FROM THE DEPARTMENT FOR WATER WITHDRAWALS shall be deemed to 18 nullify the requirements of [Regulation 2, Chapter V] SECTION 5-1.22 of 19 the State Sanitary Code, as in effect on [January 1, 1960, that plans 20 for a new water treatment plant for the treatment of an existing public 21 water supply or for any addition to or modification of an existing water 22 treatment plant, or for any addition to or modification of a public 23 water supply system which will or may affect the quality of the public 24 water supply, shall be submitted to and approved by the Commissioner of 25 Health, which regulation has no application to a new or additional 26 source or sources of public water supply of a permanent character which 27 require a permit from the Department of Environmental Conservation under 28 the provisions of this article] APRIL 25, 2001, AS AMENDED FROM TIME TO 29 TIME. NO SUPPLIER OF WATER SHALL MAKE, INSTALL OR CONSTRUCT, OR ALLOW 30 TO BE MADE, INSTALLED OR CONSTRUCTED, A PUBLIC WATER SUPPLY SYSTEM OR 31 ANY ADDITION OR DELETION TO OR MODIFICATION OF A PUBLIC WATER SUPPLY 32 SYSTEM UNTIL THE PLANS AND SPECIFICATIONS THEREFOR HAVE BEEN SUBMITTED 33 TO AND APPROVED BY THE COMMISSIONER OF HEALTH OR HIS OR HER DESIGNEE. 34 5. THE DEPARTMENT SHALL PROMULGATE REGULATIONS TO IMPLEMENT A PERMIT- 35 TING PROGRAM FOR WATER WITHDRAWALS EQUAL TO OR GREATER THAN THE THRESH- 36 OLD VOLUME CONSISTENT WITH THE REQUIREMENTS OF THIS SECTION. SUCH REGU- 37 LATIONS WILL INCLUDE BUT ARE NOT LIMITED TO: (A) MINIMUM STANDARDS FOR 38 CONSTRUCTION AND OPERATION OF WATER WITHDRAWAL SYSTEMS, (B) REPORTING 39 AND RECORDKEEPING REQUIREMENTS, (C) REQUIREMENTS FOR PERSONS WHO OWN OR 40 OPERATE PUBLIC WATER SUPPLY SYSTEMS TO ENSURE SAFE AND RELIABLE SERVICE 41 TO USERS AND POTENTIAL USERS OF SUCH SYSTEMS, (D) PROTECTIONS FOR PRES- 42 ENT AND FUTURE NEEDS FOR SOURCES OF POTABLE WATER SUPPLY, AND (E) ANY 43 OTHER CONDITIONS, LIMITATIONS AND RESTRICTIONS THAT THE DEPARTMENT 44 DETERMINES ARE NECESSARY TO PROTECT THE ENVIRONMENT AND THE PUBLIC 45 HEALTH, SAFETY AND WELFARE AND TO ENSURE THE PROPER MANAGEMENT OF THE 46 WATERS OF THE STATE. 47 6. THE DEPARTMENT SHALL ESTABLISH A WATER CONSERVATION AND EFFICIENCY 48 PROGRAM WITH THE GOALS OF (A) ENSURING IMPROVEMENT OF THE WATERS AND 49 WATER DEPENDENT NATURAL RESOURCES, (B) PROTECTING AND RESTORING THE 50 HYDROLOGIC AND ECOSYSTEM INTEGRITY OF WATERSHEDS THROUGHOUT THE STATE, 51 (C) RETAINING THE QUANTITY OF SURFACE WATER AND GROUNDWATER IN THE 52 STATE, (D) ENSURING SUSTAINABLE USE OF STATE WATERS, AND (E) PROMOTING 53 THE EFFICIENCY OF USE AND REDUCING LOSSES AND WASTE OF WATER. 54 7. THE DEPARTMENT IS AUTHORIZED TO CONSOLIDATE EXISTING WATER SUPPLY 55 PERMITS FOR A PUBLIC WATER SUPPLY SYSTEM INTO ONE PERMIT, AND MAY 56 REQUIRE SUBMISSION OF AN APPLICATION FOR SUCH PERMIT WHERE THE DEPART- S. 2697 20 1 MENT DETERMINES THAT SUCH ACTIONS ARE NECESSARY TO PROTECT THE ENVIRON- 2 MENT AND THE PUBLIC HEALTH, SAFETY AND WELFARE AND TO ENSURE THE PROPER 3 MANAGEMENT OF THE WATERS OF THE STATE. 4 8. EACH PERSON WHO IS REQUIRED UNDER THIS SECTION TO HOLD A PERMIT 5 SHALL ANNUALLY, ON A FORM PRESCRIBED BY THE DEPARTMENT, REPORT ALL 6 INFORMATION REQUESTED BY THE DEPARTMENT, INCLUDING BUT NOT LIMITED TO 7 WATER CONSERVATION PRACTICES AND MEASURES UNDERTAKEN DURING THE REPORT- 8 ING PERIOD. SUCH INFORMATION SHALL BE POSTED TO THE DEPARTMENT'S 9 WEBSITE. 10 9. THE FOLLOWING WATER WITHDRAWALS ARE EXEMPT FROM THE PERMIT REQUIRE- 11 MENTS ESTABLISHED BY THIS SECTION: (A) WITHDRAWALS USED FOR FIRE 12 SUPPRESSION OR PUBLIC EMERGENCY PURPOSES, (B) WITHDRAWALS SUBJECT TO THE 13 PERMITTING REQUIREMENTS OF A COMPACT BASIN COMMISSION WHICH ADMINISTERS 14 A PERMITTING PROGRAM GOVERNING SUCH WATER WITHDRAWALS, (C) CLOSED LOOP, 15 STANDING COLUMN, OR SIMILAR NON-EXTRACTIVE GEOTHERMAL HEAT PUMPS; AND 16 (D) WITHDRAWALS FOR WHICH A PERMIT HAS BEEN ISSUED PURSUANT TO THE 17 REQUIREMENTS OF SECTION 15-1527 OF THIS TITLE. 18 10. NOTHING IN THIS CHAPTER SHALL RELIEVE AN APPLICANT FOR A WATER 19 WITHDRAWAL PERMIT FROM FULL COMPLIANCE WITH THE PROVISIONS OF ARTICLE 8 20 OF THIS CHAPTER, RELATING TO ENVIRONMENTAL QUALITY REVIEW. 21 S 19. Section 15-1502 of the environmental conservation law is amended 22 by adding nine new subdivisions 7, 8, 9, 10, 11, 12, 13, 14 and 15 to 23 read as follows: 24 7. "COMPACT BASIN COMMISSION" SHALL MEAN AN INTERSTATE COMMISSION 25 HAVING JURISDICTION WITH RESPECT TO THE REGULATION OF WATER RESOURCES 26 WITHIN A BASIN IN THE STATE, CREATED BY INTERSTATE COMPACT OR FEDERAL 27 INTERSTATE COMPACT, INCLUDING BUT NOT LIMITED TO, THE SUSQUEHANNA RIVER 28 BASIN COMMISSION AND THE DELAWARE RIVER BASIN COMMISSION. 29 8. "INTERBASIN DIVERSION" SHALL MEAN THE WITHDRAWAL, DIVERSION, OR 30 PUMPING OF SURFACE WATER FROM ONE SUBREGIONAL DRAINAGE BASIN OR THE 31 WITHDRAWAL OF GROUNDWATER FROM A POINT LOCATED WITHIN OR BENEATH ONE 32 SUBREGIONAL DRAINAGE BASIN AND RELEASE OF ALL OR ANY PART OF THE WATER 33 IN ANOTHER SUBREGIONAL DRAINAGE BASIN. A SUBREGIONAL DRAINAGE BASIN IS 34 DEFINED BY THE FOUR DIGIT HYDROLOGIC UNIT CODE OF THE UNITED STATES 35 GEOLOGICAL SURVEY. 36 9. "PERSON" SHALL MEAN ANY INDIVIDUAL, PUBLIC OR PRIVATE CORPORATION, 37 POLITICAL SUBDIVISION, GOVERNMENT AGENCY, DEPARTMENT OR BUREAU OF THE 38 STATE, MUNICIPALITY, INDUSTRY, CO-PARTNERSHIP, ASSOCIATION, FIRM, TRUST, 39 ESTATE OR ANY OTHER LEGAL ENTITY WHATSOEVER. 40 10. "POTABLE" SHALL MEAN WATER INTENDED FOR HUMAN CONSUMPTION THAT 41 MEETS THE REQUIREMENTS ESTABLISHED BY 10 NYCRR 5-1. 42 11. "PUBLIC WATER SUPPLY SYSTEM" SHALL MEAN A PERMANENTLY INSTALLED 43 WATER WITHDRAWAL SYSTEM INCLUDING ITS SOURCE, COLLECTION, PUMPING, 44 TREATMENT, TRANSMISSION, STORAGE AND DISTRIBUTION FACILITIES USED IN 45 CONNECTION WITH SUCH SYSTEM, WHICH PROVIDES PIPED WATER TO THE PUBLIC 46 FOR POTABLE PURPOSES, IF SUCH SYSTEM HAS AT LEAST FIVE SERVICE 47 CONNECTIONS USED BY YEAR-ROUND RESIDENTS. 48 12. "THRESHOLD VOLUME" SHALL MEAN THE WITHDRAWAL OF WATER OF A VOLUME 49 OF FIFTY THOUSAND GALLONS OR MORE PER DAY, DETERMINED BY THE LIMITING 50 MAXIMUM CAPACITY OF THE WATER WITHDRAWAL, TREATMENT, OR CONVEYANCE 51 SYSTEM. 52 13. "ENVIRONMENTALLY SOUND AND ECONOMICALLY FEASIBLE WATER CONSERVA- 53 TION MEASURES" SHALL MEAN THOSE MEASURES, METHODS, TECHNOLOGIES OR PRAC- 54 TICES FOR EFFICIENT WATER USE AND FOR REDUCTION OF WATER LOSS AND WASTE 55 OR FOR REDUCING A WITHDRAWAL OR DIVERSION THAT: (A) ARE ENVIRONMENTALLY 56 SOUND, (B) REFLECT BEST PRACTICES APPLICABLE TO THE WATER USE SECTOR, S. 2697 21 1 (C) CONSIDER THE PARTICULAR FACILITIES AND PROCESSES INVOLVED, TAKING 2 INTO ACCOUNT THE ENVIRONMENTAL IMPACT, AGE OF EQUIPMENT AND FACILITIES 3 INVOLVED, THE PROCESSES EMPLOYED, ENERGY IMPACTS AND OTHER APPROPRIATE 4 FACTORS, (D) ARE DESIGNED TO REDUCE THE DEMAND FOR WATER; (E) ARE 5 DESIGNED TO IMPROVE EFFICIENCY IN WATER USE; (F) ARE DESIGNED TO REDUCE 6 LEAKAGE, LOSSES AND WASTE OF WATER; (G) ARE DESIGNED TO IMPROVE REUSE 7 AND RECYCLING OF WATER; AND (H) IMPROVE LAND MANAGEMENT PRACTICES TO 8 CONSERVE WATER OR TO PRESERVE OR INCREASE GROUNDWATER RECHARGE. 9 14. "WATER WITHDRAWAL SYSTEM" SHALL MEAN A PHYSICAL INTERCONNECTED 10 INFRASTRUCTURE OPERATED AND MAINTAINED FOR THE PROVISION OF WATER 11 INCLUDING, BUT NOT LIMITED TO, COLLECTION, PUMPING, TREATMENT, TRANS- 12 MISSION, STORAGE AND DISTRIBUTION FACILITIES USED IN CONNECTION WITH THE 13 WITHDRAWAL OF WATER. 14 15. "WITHDRAWAL" OR "WITHDRAWAL OF WATER" SHALL MEAN THE REMOVAL OR 15 TAKING OF WATER FOR ANY PURPOSE FROM THE WATERS OF THE STATE. 16 S 20. Section 15-1503 of the environmental conservation law, as 17 amended by chapter 364 of the laws of 1988, is amended to read as 18 follows: 19 S 15-1503. Permits. 20 1. A permit application or request for a permit renewal or modifica- 21 tion shall be made on [forms provided] A FORM PRESCRIBED by the depart- 22 ment and shall [be accompanied by] CONTAIN ALL INFORMATION REQUESTED BY 23 THE DEPARTMENT RELATIVE TO THE WATER WITHDRAWAL, USE AND DISCHARGE, 24 INCLUDING BUT NOT LIMITED TO: 25 A. WITH RESPECT TO A PUBLIC WATER SUPPLY SYSTEM, proof of adequate 26 authorization for the proposed project[,]; 27 B. such exhibits as may be necessary clearly to indicate the scope of 28 the proposed project[,]; 29 C. a map of any lands to be acquired [and]; 30 D. project plans[. The application shall also indicate]; 31 E. A STATEMENT OF the need for and the reasons why the proposed source 32 or sources of supply were selected among the alternative sources which 33 are or may become available[,] AND the adequacy of the supply selected 34 [and the method proposed to determine and provide for the proper compen- 35 sation for any direct and indirect legal damages to persons or property 36 that will result from the acquisition of any lands in connection with 37 the proposed project or from the execution of the proposed project. The 38 application shall also contain, in accordance with local water resource 39 needs and conditions,]; AND 40 F. a description of the applicant's PROPOSED near term and long range 41 water conservation program THAT COMPLIES WITH ENVIRONMENTALLY SOUND AND 42 ECONOMICALLY FEASIBLE WATER CONSERVATION MEASURES AS DEFINED IN THIS 43 SECTION, including implementation [and enforcement] procedures, effec- 44 tiveness to date and any planned modifications for the future. [Such] 45 FOR A PUBLIC WATER SUPPLY SYSTEM, THE WATER CONSERVATION program may 46 include but [shall] NEED not be limited to: 47 [a.] I. the identification of and cost effectiveness of distribution 48 system rehabilitation to correct sources of lost water; 49 [b.] II. measures which encourage proper maintenance and water conser- 50 vation; 51 [c.] III. a public information program to promote water conservation, 52 including industrial and commercial recycling and reuse; 53 [d.] IV. household conservation measures; and 54 [e.] V. contingency measures for limiting water use during seasonal or 55 drought shortages. If the proposed project provides for the use of water 56 for potable purposes, the application shall also include adequate proof S. 2697 22 1 of the character and purity of the water supply to be acquired or used 2 and the proposed method of treatment. 3 G. ANY POTENTIAL INDIVIDUAL OR CUMULATIVE ADVERSE IMPACTS THAT MAY 4 RESULT FROM THE PROPOSED WATER WITHDRAWAL. 5 2. [In making its decision to grant or deny a permit or to grant a 6 permit with conditions, the department shall determine whether the 7 proposed project is justified by the public necessity, whether it takes 8 proper consideration of other sources of supply that are or may become 9 available, whether all work connected with the project will be proper 10 and construction safe, whether the supply will be adequate, whether 11 there will be proper protection of the supply and watershed or whether 12 there will be proper treatment of any additional supply, whether the 13 project is just and equitable to all affected municipalities and their 14 inhabitants and in particular with regard to their present and future 15 needs for sources of water supply, whether there is provision for fair 16 and equitable determinations of and payments of any direct and indirect 17 legal damages to persons or property that will result from the acquisi- 18 tion of any lands in connection with the proposed project or from the 19 execution of the proposed project, and whether the applicant has devel- 20 oped and implemented a water conservation program in accordance with 21 local water resource needs and conditions. If the proposed project is a 22 multi-purpose project, in whole or in part authorized by a general plan 23 adopted and approved pursuant to title 11 of this article, the depart- 24 ment in addition shall determine if the proposed project is in conformi- 25 ty with the general plan.] IN MAKING ITS DECISION TO GRANT OR DENY A 26 PERMIT OR TO GRANT A PERMIT WITH CONDITIONS, THE DEPARTMENT SHALL ONLY 27 ISSUE A PERMIT IF THE PROPOSED WITHDRAWAL MEETS THE FOLLOWING CRITERIA: 28 A. THE WITHDRAWAL WILL BE IMPLEMENTED SO AS TO ENSURE THAT THE 29 PROPOSAL WILL RESULT IN NO SIGNIFICANT INDIVIDUAL OR CUMULATIVE ADVERSE 30 IMPACTS TO THE QUANTITY OR QUALITY OF THE WATERS AND WATER DEPENDENT 31 NATURAL RESOURCES AS DEFINED IN SECTION 1.2 OF ARTICLE 1 OF SECTION 32 21-1001 OF THIS CHAPTER; 33 B. THE WITHDRAWAL WILL IMPLEMENT ENVIRONMENTALLY SOUND AND ECONOM- 34 ICALLY FEASIBLE WATER CONSERVATION MEASURES; 35 C. THE WITHDRAWAL, WILL BE IMPLEMENTED SO AS TO ENSURE THAT IT IS IN 36 COMPLIANCE WITH ALL APPLICABLE MUNICIPAL, STATE AND FEDERAL LAWS AS WELL 37 AS REGIONAL INTERSTATE AND INTERNATIONAL AGREEMENTS; 38 D. THE PROPOSED USE IS REASONABLE, BASED UPON CONSIDERATION OF THE 39 FOLLOWING FACTORS: 40 I. WHETHER THE PROPOSED WITHDRAWAL IS PLANNED IN A FASHION THAT 41 PROVIDES FOR EFFICIENT USE OF THE WATER, AND WILL AVOID OR MINIMIZE THE 42 WASTE OF WATER; 43 II. IF THE PROPOSAL IS FOR AN INCREASED WITHDRAWAL, WHETHER EFFICIENT 44 USE IS MADE OF EXISTING WATER SUPPLIES AND WHETHER THE NEED FOR ALL OR 45 PART OF THE PROPOSED WITHDRAWAL COULD BE REASONABLY AVOIDED THROUGH THE 46 EFFICIENT USE AND CONSERVATION OF EXISTING WATER SUPPLIES; 47 III. THE PROBABLE DEGREE AND DURATION OF ANY ADVERSE IMPACTS CAUSED OR 48 EXPECTED TO BE CAUSED BY THE PROPOSED WITHDRAWAL UNDER FORESEEABLE 49 CONDITIONS, TO OTHER LAWFUL CONSUMPTIVE OR NON-CONSUMPTIVE USES OF WATER 50 OR TO THE QUANTITY OR QUALITY OF THE WATERS AND WATER DEPENDENT 51 RESOURCES, AND THE PROPOSED PLANS AND ARRANGEMENTS FOR AVOIDANCE OR 52 MITIGATION OF SUCH IMPACTS; 53 E. THE PROPOSED WATER WITHDRAWAL TAKES PROPER CONSIDERATION OF OTHER 54 SOURCES OF SUPPLY THAT ARE OR MAY BECOME AVAILABLE; 55 F. THE QUANTITY OF SUPPLY WILL BE ADEQUATE FOR THE PROPOSED USE; S. 2697 23 1 G. THE PROPOSED WITHDRAWAL WILL NOT ADVERSELY IMPACT EXISTING GROUND 2 OR SURFACE WATER USERS, WILL NOT ADVERSELY IMPACT THE NATURAL REPLENISH- 3 MENT OF THE WATER RESOURCES, WILL NOT CAUSE OR CONTRIBUTE TO A VIOLATION 4 OF STATE WATER QUALITY STANDARDS, AND WILL NOT ADVERSELY IMPACT THE 5 RELIABILITY AND SAFE YIELD OF HYDROLOGICALLY INTERCONNECTED WATER SOURC- 6 ES; 7 H. THE PROPOSED WITHDRAWAL MAY RESULT IN SIGNIFICANT ADVERSE IMPACTS 8 TO PROXIMATE MUNICIPALITIES AND THEIR INHABITANTS WITH REGARD TO THEIR 9 PRESENT AND FUTURE NEEDS FOR SOURCES OF POTABLE WATER SUPPLY; 10 I. THE NEED FOR ALL OR PART OF THE PROPOSED WATER WITHDRAWAL CANNOT BE 11 REASONABLY AVOIDED THROUGH THE EFFICIENT USE AND CONSERVATION OF EXIST- 12 ING WATER SUPPLIES; 13 J. THE PROPOSED WATER WITHDRAWAL IS LIMITED TO QUANTITIES THAT ARE 14 CONSIDERED REASONABLE FOR THE PURPOSES FOR WHICH THE WATER USE IS 15 PROPOSED; 16 K. THE PROPOSED WATER WITHDRAWAL WILL BE IMPLEMENTED IN A MANNER THAT 17 INCORPORATES ENVIRONMENTALLY SOUND AND ECONOMICALLY FEASIBLE WATER 18 CONSERVATION MEASURES AS DEFINED IN THIS SECTION; 19 L. THE PROPOSED WATER WITHDRAWAL WILL BE IMPLEMENTED IN A MANNER THAT 20 IS CONSISTENT WITH APPLICABLE MUNICIPAL, STATE AND FEDERAL LAWS AS WELL 21 AS REGIONAL INTERSTATE AND INTERNATIONAL AGREEMENTS; 22 M. THE WITHDRAWAL IS CONSISTENT WITH THE STATE'S WATER CONSERVATION 23 GOALS INCLUDING THE FOLLOWING: 24 I. APPLICATION OF BEST MANAGEMENT PRACTICES TO DETECT AND REPAIR WATER 25 LEAKS; 26 II. IDENTIFICATION AND INSTALLATION OF STATE-OF-THE-ART WATER-CONSERV- 27 ING FIXTURES; 28 III. EMPLOYEE TRAINING REGARDING APPROPRIATE WATER CONSERVATION TECH- 29 NIQUES; 30 IV. PUBLIC EDUCATION REGARDING WATER CONSERVATION IN CONNECTION WITH 31 THE USE OF WATER FOR WHICH THE APPLICANT'S PERMIT IS GRANTED; AND 32 V. OTHER WATER CONSERVATION MEASURES AND GOALS INCLUDING PRICING, 33 CONSERVATION MEASURES, DROUGHT PROTECTION MEASURES, AND LIMITING UNAC- 34 COUNTED-FOR WATER; 35 N. IF ANY OF THE ABOVE TERMS ARE NOT MET, THE DEPARTMENT SHALL REQUIRE 36 THE APPLICANT TO ADJUST THE WATER WITHDRAWAL APPLICATION TO COMPLY WITH 37 THE REQUIREMENTS OF THIS SUBSECTION. IF THE APPLICANT CHOOSES NOT TO 38 ADJUST THE APPLICATION ACCORDINGLY, THE DEPARTMENT SHALL DENY THE APPLI- 39 CATION; 40 O. FOR WATER WITHDRAWAL PROPOSALS WITHIN THE GREAT LAKES BASIN, ALL 41 WATER WITHDRAWN WITHIN THE GREAT LAKES BASIN SHALL BE RETURNED, EITHER 42 NATURALLY OR AFTER USE, TO THE SOURCE WATERSHED LESS AN ALLOWANCE FOR 43 CONSUMPTIVE USE. 44 3. BEFORE DECIDING TO GRANT OR DENY AN APPLICATION FOR A WATER WITH- 45 DRAWAL PERMIT, AS SET FORTH UNDER THIS CHAPTER, THE DEPARTMENT SHALL 46 PROVIDE A PUBLIC COMMENT PERIOD ON THE DRAFT AND ASSOCIATED DOCUMENTS 47 (INCLUDING BUT NOT LIMITED TO THE PERMIT APPLICATION) OF NO LESS THAN 48 THIRTY DAYS. FURTHER, THE DEPARTMENT SHALL PROVIDE THE OPPORTUNITY FOR A 49 PUBLIC HEARING, UPON THIRTY DAYS NOTICE, WHENEVER IT DETERMINES THAT 50 THERE MAY BE SIGNIFICANT PUBLIC INTEREST IN THE PROPOSED WATER WITH- 51 DRAWAL PERMIT. 52 [3.] 4. In order to assist the development of local water conservation 53 plans FOR PUBLIC WATER SUPPLY SYSTEMS, the department shall[, by the 54 effective date of this subdivision,] CONTINUE TO publish and distribute 55 a [model local water conservation plan] WATER CONSERVATION MANUAL that 56 includes beneficial near term and long range water conservation proce- S. 2697 24 1 dures which reflect local water resource needs and conditions. Such 2 plan shall include examples of: 3 a. methods of identifying and determining the cost effectiveness of 4 distribution system rehabilitation to correct sources of lost water; 5 b. measures which encourage proper maintenance and water conservation; 6 c. a public information program to promote water conservation, includ- 7 ing industrial and commercial recycling and reuse; 8 d. household conservation measures; and 9 e. contingency measures for limiting water use during seasonal or 10 drought shortages. 11 [4.] 5. The department may grant or deny a permit or grant a permit 12 with such conditions as may be necessary to provide satisfactory compli- 13 ance by the applicant with the matters subject to department determi- 14 nation pursuant to subdivision [2] TWO of this section, or to bring into 15 cooperation all persons or public corporations that may be affected by 16 the project, but it shall make a reasonable effort to meet the needs of 17 the applicant, with due regard to the actual or prospective needs, 18 interests and rights of others that may be affected by the project. 19 [5.] 6. The rules and regulations adopted by the department to imple- 20 ment this title and the provisions of article 70 of this chapter and 21 rules and regulations adopted thereunder shall govern permit applica- 22 tions, renewals, modifications, suspensions and revocations under this 23 title. 24 7. A NEW PERMIT FOR A WATER WITHDRAWAL SYSTEM SHALL BE VALID FOR A 25 PERIOD OF TIME NOT TO EXCEED FIVE YEARS FROM THE DATE OF ISSUANCE, UPON 26 WHICH TIME A REQUEST FOR A RENEWAL MUST BE FILED WITH THE DEPARTMENT. A 27 RENEWAL SHALL BE VALID FOR A PERIOD OF TIME SPECIFIED BY THE DEPARTMENT 28 NOT TO EXCEED FIVE YEARS. A PERMIT APPLICATION MUST BE FILED WITH THE 29 DEPARTMENT UPON ANY TRANSFER OR CHANGE OF OWNERSHIP OF A WATER WITH- 30 DRAWAL SYSTEM. 31 8. ALL HOLDERS OF WATER WITHDRAWAL PERMITS ISSUED BY THE DEPARTMENT 32 UNDER THIS LAW SHALL BE REQUIRED TO CONDUCT CONTINUOUS ON-SITE MONITOR- 33 ING OF WATER WITHDRAWAL VOLUMES USING MONITORING SYSTEMS APPROVED BY THE 34 DEPARTMENT. SUCH RECORDS SHALL BE MADE AVAILABLE TO THE DEPARTMENT OR 35 THE PUBLIC UPON REQUEST. 36 S 21. Section 15-1505 of the environmental conservation law, as 37 amended by chapter 233 of the laws of 1979, is amended to read as 38 follows: 39 S 15-1505. [Water] INTERBASIN DIVERSIONS AND WATER supply to other 40 states. 41 1. No person or public corporation shall transport or carry through 42 pipes, conduits, ditches or canals the waters of any fresh water lake, 43 pond, brook, river, stream, or creek in this state or any well, subsur- 44 face or percolating waters of this state into any other state for use 45 therein without first obtaining a permit from the department pursuant to 46 this title. 47 2. NO PERSON MAY MAKE A NEW OR INCREASED INTERBASIN DIVERSION OF WATER 48 WHICH RESULTS IN A DIVERSION IN EXCESS OF ONE MILLION GALLONS PER DAY AS 49 DETERMINED BY THE LIMITING MAXIMUM CAPACITY OF THE TREATMENT OR CONVEY- 50 ANCE SYSTEM, OR CONSTRUCT FACILITIES OR EQUIPMENT THEREFOR, UNTIL SUCH 51 PERSON HAS REGISTERED SUCH DIVERSION WITH THE DEPARTMENT. NO LATER THAN 52 ONE YEAR FROM THE EFFECTIVE DATE OF THIS SUBDIVISION, ALL EXISTING 53 INTERBASIN DIVERSIONS OF WATER IN EXCESS OF ONE MILLION GALLONS PER DAY 54 SHALL BE REGISTERED WITH THE DEPARTMENT. 55 3. THE DEPARTMENT IS AUTHORIZED TO ASSESS AN ANNUAL REGISTRATION FEE 56 OF TWO HUNDRED DOLLARS FOR ALL PERSONS REQUIRED TO REGISTER AN INTERBA- S. 2697 25 1 SIN DIVERSION. SUCH FEE SHALL BE PAID AT THE TIME OF REGISTRATION OR 2 REGISTRATION RENEWAL. ALL FEES COLLECTED PURSUANT TO THIS SECTION SHALL 3 BE PAID INTO THE ENVIRONMENTAL CONSERVATION SPECIAL REVENUE FUND TO THE 4 CREDIT OF THE ENVIRONMENTAL REGULATORY ACCOUNT. THE REGISTRATION FEE 5 SHALL NOT BE APPLICABLE TO AN INTERBASIN DIVERSION WHICH IS PART OF A 6 WATER WITHDRAWAL SYSTEM FOR WHICH THE DEPARTMENT HAS ISSUED A PERMIT 7 UNDER THIS TITLE. REGISTRATION SHALL BE RENEWED EVERY YEAR OR WHENEVER 8 TITLE TO THE FACILITIES WHICH CREATE AN INTERBASIN DIVERSION IS TRANS- 9 FERRED, WHICHEVER OCCURS FIRST. REGISTRATION SHALL BE MADE ON FORMS 10 PRESCRIBED BY THE DEPARTMENT AND SHALL CONTAIN ALL INFORMATION REQUESTED 11 BY THE DEPARTMENT RELATIVE TO THE WATER WITHDRAWAL, USE AND DISCHARGE. 12 EACH PERSON WHO IS REQUIRED UNDER THIS SECTION TO HOLD A REGISTRATION 13 SHALL ANNUALLY, ON A FORM PRESCRIBED BY THE DEPARTMENT, REPORT ALL 14 INFORMATION REQUESTED BY THE DEPARTMENT, INCLUDING THE AMOUNT OF WATER 15 DIVERTED. SUCH INFORMATION SHALL BE POSTED ON THE DEPARTMENT'S WEBSITE. 16 4. NO PERSON SHALL BE AUTHORIZED TO MAKE A NEW OR INCREASED INTERBASIN 17 DIVERSION WHICH RESULTS IN A SIGNIFICANT ADVERSE IMPACT ON THE WATER 18 QUANTITY OF THE SOURCE SUBREGIONAL DRAINAGE BASIN. 19 5. AN INTERBASIN DIVERSION WILL ONLY BE PERMITTED AND IMPLEMENTED SO 20 AS TO ENSURE THAT IT IS IN COMPLIANCE WITH ALL APPLICABLE MUNICIPAL, 21 STATE, AND FEDERAL LAWS AS WELL AS REGIONAL INTERSTATE AND INTERNATIONAL 22 AGREEMENTS. IN THE GREAT LAKES BASIN ALL INTERBASIN DIVERSIONS WILL 23 COMPLY WITH THE GREAT LAKES - ST. LAWRENCE RIVER BASIN WATER RESOURCES 24 COMPACT. 25 S 22. Section 15-1521 of the environmental conservation law, as 26 amended by chapter 233 of the laws of 1979, is amended to read as 27 follows: 28 S 15-1521. Supply of water to other public water supply systems. 29 On any application for a new or additional WITHDRAWAL OF WATER FOR A 30 PUBLIC water supply [or source of water supply], the department may 31 require or authorize [any] THE applicant to make provisions for the 32 supply and to supply PUBLIC water to any area of the state which as 33 determined by the department in its decision on that application proper- 34 ly should be supplied with PUBLIC water from the source or sources of 35 water supply sought by the applicant. The owner or operator of any 36 existing or proposed [water works] PUBLIC WATER SUPPLY system within 37 such area may apply to the department for a permit to take water from 38 that source of water supply or from any part of the PUBLIC water supply 39 system of the applicant supplied in whole or in part from that source. 40 If the department so requires, or if it grants a permit, it shall be the 41 duty of the applicant so to supply water, subject to such requirements 42 as the department may impose. The amount of water so to be taken and the 43 price to be paid therefor may be agreed upon between the applicant and 44 the taker of the water, or if they cannot agree, fair and reasonable 45 amounts and rates shall be, after due hearings thereon, fixed by the 46 department, provided however, that such department shall have no power 47 to fix rates in any case where the Public Service Commission has such 48 power, and provided further, that nothing in this section contained 49 shall be construed as diminishing the powers of said Public Service 50 Commission in respect to rates of water works companies subject to its 51 jurisdiction. Any such agreement or determination of the department may 52 from time to time be modified by further agreement between the parties 53 affected thereby or by the further order of the department. 54 S 23. Section 15-1529 of the environmental conservation law is amended 55 to read as follows: S. 2697 26 1 S 15-1529. [Final approval of work] APPROVAL OF COMPLETED WATER WITH- 2 DRAWAL SYSTEMS. 3 [Before any project authorized to be developed or carried out under 4 this title 15 shall be operated, it must, as completed, have been 5 approved by the department] THE CONSTRUCTION OF ANY NEW OR MODIFIED 6 WATER WITHDRAWAL SYSTEM AUTHORIZED UNDER THIS TITLE SHALL BE UNDER THE 7 GENERAL SUPERVISION OF A PERSON OR FIRM LICENSED TO PRACTICE PROFES- 8 SIONAL ENGINEERING IN THE STATE. UPON COMPLETION OF CONSTRUCTION, SUCH 9 PERSON OR FIRM SHALL CERTIFY TO THE DEPARTMENT AND THE OWNER THAT THE 10 WATER WITHDRAWAL SYSTEM HAS BEEN FULLY COMPLETED IN ACCORDANCE WITH THE 11 APPROVED ENGINEERING REPORT, PLANS AND SPECIFICATIONS, AND THE PERMIT 12 ISSUED BY THE DEPARTMENT PURSUANT TO THIS TITLE. THE OWNER SHALL NOT 13 COMMENCE OPERATION OF THE NEW OR MODIFIED WATER WITHDRAWAL SYSTEM PRIOR 14 TO THE DEPARTMENT RECEIVING SUCH CERTIFICATE AND BEFORE APPROVAL, IF 15 NECESSARY, BY THE DEPARTMENT OF HEALTH OR ITS DESIGNEE. 16 S 24. The environmental conservation law is amended by adding a new 17 section 15-1531 to read as follows: 18 S 15-1531. REPORTING. 19 THE COMMISSIONER SHALL, WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS 20 SECTION, AND THEREAFTER AS OFTEN AS THE COMMISSIONER DEEMS APPROPRIATE, 21 REPORT TO THE GOVERNOR AND THE LEGISLATURE ON THE IMPLEMENTATION OF THIS 22 TITLE. THE REPORT MAY INCLUDE BUT NEED NOT BE LIMITED TO RECOMMENDATIONS 23 FOR MODIFICATIONS TO THIS TITLE, INCLUDING BUT NOT LIMITED TO MODIFICA- 24 TIONS TO THE THRESHOLD VOLUME PROVIDED IN THIS TITLE FOR PARTICULAR 25 WATER SOURCES, WATERSHEDS, WATER BODIES OR REGIONS, WHERE THE DEPARTMENT 26 HAS DETERMINED THAT SUCH WATER SOURCES, WATERSHEDS, WATER BODIES OR 27 REGIONS ARE IN NEED OF SPECIAL PROTECTION BECAUSE OF THE NATURE OR 28 VOLUME OF DEMANDS MADE UPON THEM AND A MODIFICATION IS NECESSARY TO 29 PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE. 30 S 25. Title 33 of article 15 of the environmental conservation law is 31 REPEALED and a new title 33 is added to read as follows: 32 TITLE 33 33 WATER USE STANDARDS 34 SECTION 15-3301. WATER USE STANDARDS. 35 S 15-3301. WATER USE STANDARDS. 36 THE DEPARTMENT SHALL ADOPT RULES ESTABLISHING WATER USE STANDARDS FOR 37 MAINTAINING IN-STREAM FLOWS THAT ARE PROTECTIVE OF AQUATIC LIFE AND 38 OTHER USES AND THAT ESTABLISH CRITERIA FOR DESIGNATING WATERSHEDS MOST 39 AT RISK FROM CUMULATIVE WATER USE. STANDARDS ADOPTED UNDER THIS SECTION 40 MUST BE BASED ON THE NATURAL VARIATION OF FLOWS AND WATER LEVELS, ALLOW- 41 ING FOR VARIANCES IF USE WILL STILL BE PROTECTIVE OF WATER QUALITY WITH- 42 IN THAT CLASSIFICATION. 43 S 26. Subdivision 1 of section 71-1127 of the environmental conserva- 44 tion law, as amended by chapter 640 of the laws of 1977, is amended to 45 read as follows: 46 1. Any person who violates any of the provisions of, or who fails to 47 perform any duty imposed by article 15 except section 15-1713, or who 48 violates or who fails to comply with any rule, regulation, determination 49 or order of the department heretofore or hereafter promulgated pursuant 50 to article 15 except section 15-1713, or any condition of a permit 51 issued pursuant to article 15 of this chapter, or any determination or 52 order of the former water resources commission or the [Department of 53 Environmental Conservation] DEPARTMENT heretofore promulgated pursuant 54 to former article 5 of the Conservation Law, shall be liable for a civil 55 penalty of not more than TWO THOUSAND five hundred dollars for such 56 violation and an additional civil penalty of not more than [one] FIVE S. 2697 27 1 hundred dollars for each day during which such violation continues, and, 2 in addition thereto, such person may be enjoined from continuing such 3 violation as otherwise provided in article 15 except section 15-1713. 4 S 27. Article 72 of the environmental conservation law is amended by 5 adding a new title 8 to read as follows: 6 TITLE 8 7 WATER SUPPLY PERMIT PROGRAM FEES 8 SECTION 72-0801. DEFINITIONS. 9 72-0802. WATER SUPPLY PERMIT PROGRAM FEES. 10 S 72-0801. DEFINITIONS. 11 WHEN USED IN THIS TITLE: 12 1. "AGRICULTURAL PURPOSE" SHALL MEAN THE PRACTICE OF FARMING FOR 13 CROPS, PLANTS, VINES AND TREES; AND THE KEEPING, GRAZING, OR FEEDING OF 14 LIVESTOCK FOR SALE OF LIVESTOCK OR LIVESTOCK PRODUCTS. 15 2. "PUBLIC WATER SUPPLY PURPOSE" SHALL MEAN WATER USE BY A PUBLIC 16 WATER SUPPLY SYSTEM. 17 3. "WATER SUPPLY PERMIT PROGRAM" MEANS THOSE ACTIVITIES OF THE DEPART- 18 MENT AS SPECIFIED IN TITLE FIFTEEN OF ARTICLE FIFTEEN OF THIS CHAPTER 19 RELATED TO THE WITHDRAWAL OF WATERS OF THE STATE AND ANY RELATED 20 ENFORCEMENT ACTIVITIES. 21 S 72-0802. WATER SUPPLY PERMIT PROGRAM FEES. 22 1. EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE, ALL PERSONS, EXCEPT A 23 POLITICAL SUBDIVISION OF THE STATE, OR AN AGENCY, DEPARTMENT, BUREAU, 24 PUBLIC AUTHORITY OF THE STATE, OR PERSONS MAKING WITHDRAWALS FOR AN 25 AGRICULTURAL PURPOSE WHO ARE TO OBTAIN A PERMIT PURSUANT TO THE WATER 26 SUPPLY PERMIT PROGRAM SHALL SUBMIT ANNUALLY TO THE DEPARTMENT A FEE, FOR 27 EACH WATER WITHDRAWAL SYSTEM, IN AN AMOUNT TO BE DETERMINED AS FOLLOWS: 28 A. FIFTY DOLLARS FOR A WATER WITHDRAWAL SYSTEM WITH A CAPACITY OF LESS 29 THAN ONE MILLION GALLONS PER DAY, USED PRIMARILY FOR PUBLIC WATER SUPPLY 30 PURPOSES; 31 B. ONE HUNDRED TWENTY-FIVE DOLLARS FOR A WATER WITHDRAWAL SYSTEM WITH 32 A CAPACITY OF BETWEEN ONE MILLION AND NINE MILLION NINE HUNDRED NINETY- 33 NINE THOUSAND NINE HUNDRED NINETY-NINE GALLONS PER DAY, USED PRIMARILY 34 FOR PUBLIC WATER SUPPLY PURPOSES; 35 C. TWO HUNDRED FIFTY DOLLARS FOR A WATER WITHDRAWAL SYSTEM WITH A 36 CAPACITY OF TEN MILLION GALLONS PER DAY OR MORE, USED PRIMARILY FOR 37 PUBLIC WATER SUPPLY PURPOSES; 38 D. TWO HUNDRED FIFTY DOLLARS FOR A WATER WITHDRAWAL SYSTEM WITH A 39 CAPACITY OF BETWEEN FIFTY THOUSAND AND NINETY-NINE THOUSAND NINE HUNDRED 40 NINETY-NINE GALLONS PER DAY, FOR ANY AND ALL USES WHICH ARE NOT PRIMARI- 41 LY FOR AGRICULTURAL OR PUBLIC WATER SUPPLY PURPOSES; 42 E. FIVE HUNDRED FIFTY DOLLARS FOR A WATER WITHDRAWAL SYSTEM WITH A 43 CAPACITY OF BETWEEN ONE HUNDRED THOUSAND AND ONE HUNDRED THOUSAND NINE 44 HUNDRED NINETY-NINE GALLONS PER DAY, FOR ANY AND ALL USES WHICH ARE NOT 45 PRIMARILY FOR AGRICULTURAL OR PUBLIC WATER SUPPLY PURPOSES; 46 F. ONE THOUSAND DOLLARS FOR A WATER WITHDRAWAL SYSTEM WITH A CAPACITY 47 OF BETWEEN TWO HUNDRED FIFTY THOUSAND GALLONS AND FOUR HUNDRED 48 NINETY-NINE THOUSAND NINE HUNDRED NINETY-NINE GALLONS PER DAY, FOR ANY 49 AND ALL USES WHICH ARE NOT PRIMARILY FOR AGRICULTURAL OR PUBLIC WATER 50 SUPPLY PURPOSES; 51 G. TWO THOUSAND FIVE HUNDRED DOLLARS FOR A WATER WITHDRAWAL SYSTEM 52 WITH A CAPACITY OF BETWEEN FIVE HUNDRED THOUSAND GALLONS AND NINE 53 HUNDRED NINETY-NINE THOUSAND NINE HUNDRED NINETY-NINE GALLONS PER DAY, 54 FOR ANY AND ALL USES WHICH ARE NOT PRIMARILY FOR AGRICULTURAL OR PUBLIC 55 WATER SUPPLY PURPOSES; S. 2697 28 1 H. FIVE THOUSAND DOLLARS FOR A WATER WITHDRAWAL SYSTEM WITH A CAPACITY 2 OF BETWEEN ONE MILLION AND NINE MILLION NINE HUNDRED NINETY-NINE THOU- 3 SAND NINE HUNDRED NINETY-NINE GALLONS PER DAY, FOR ANY AND ALL USES 4 WHICH ARE NOT PRIMARILY FOR AGRICULTURAL OR PUBLIC WATER SUPPLY 5 PURPOSES; 6 I. SEVEN THOUSAND FIVE HUNDRED DOLLARS FOR A WATER WITHDRAWAL SYSTEM 7 WITH A CAPACITY OF BETWEEN TEN MILLION AND FORTY-NINE MILLION NINE 8 HUNDRED NINETY-NINE THOUSAND NINE HUNDRED NINETY-NINE GALLONS PER DAY, 9 FOR ANY AND ALL USES WHICH ARE NOT PRIMARILY FOR AGRICULTURAL OR PUBLIC 10 WATER SUPPLY PURPOSES; 11 J. TEN THOUSAND DOLLARS FOR A WATER WITHDRAWAL SYSTEM WITH A CAPACITY 12 OF FIFTY MILLION GALLONS PER DAY OR MORE, FOR ANY AND ALL USES WHICH ARE 13 NOT PRIMARILY FOR AGRICULTURAL OR PUBLIC WATER SUPPLY PURPOSES. 14 2. FOR THE PURPOSE OF DETERMINING THE APPROPRIATE FEE REQUIRED BY 15 SUBDIVISION ONE OF THIS SECTION, THE AMOUNT OF RECLAIMED WASTEWATER, 16 WHICH A PERSON WITHDRAWS FOR REUSE, SHALL NOT BE INCLUDED IN THE TOTAL 17 CAPACITY OF THE WATER WITHDRAWAL. 18 3. ALL FEES COLLECTED PURSUANT TO THIS ARTICLE SHALL BE PAID INTO THE 19 ENVIRONMENTAL CONSERVATION SPECIAL REVENUE FUND TO THE CREDIT OF THE 20 ENVIRONMENTAL REGULATORY ACCOUNT. 21 S 28. This act shall take effect immediately; provided, however that 22 section twenty-five of this act shall take effect upon the completion of 23 rule-making required in subdivision 3 of section 15-1501 of the environ- 24 mental conservation law and provided that the commissioner of the 25 department of environmental conservation shall notify the legislative 26 bill drafting commission upon the occurrence of the enactment of the 27 rules required under subdivision 3 of section 15-1501 of the environ- 28 mental conservation law in order that the commission may maintain an 29 accurate and timely effective data base of the official text of the laws 30 of the state of New York in furtherance of effectuating the provisions 31 of section 44 of the legislative law and section 70-b of the public 32 officers law.