S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  11347

                          I N  A S S E M B L Y

                              June 3, 2010
                               ___________

Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Sweeney) --
  read once and referred 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:

  Section  1.  Legislative  declarations and purpose. 1. The legislature
recognizes that the expansion of natural gas development in the state of
New York using hydraulic fracturing poses unique threats to human health
and to the environment. The  legislature  further  recognizes  that  New
York's current laws are inadequate to protect against these threats.
  2.  As  natural gas development expands, it is the highest priority of
this state to protect human health as well as to ensure  the  safety  of
irreplaceable  natural  assets  such  as safe drinking water, clean air,
wildlife, and the aesthetic beauty of the state.
  3. Hydraulic fracturing utilizes components that are often toxic, that
are non-biodegradable, and that are virtually impossible to remove  once
they  enter  the  natural environment. Many of these hazardous chemicals
are known carcinogens  and  others  can  cause  other  life  threatening
illnesses.  Drinking  water  contamination from hydraulic fracturing can
lead to exposure to endocrine disrupting agents and to  other  chemicals
that  can  cause  kidney,  liver,  heart,  blood, brain damage and other
hazardous health effects.
  4. Hydraulic fracturing operations withdraw  millions  of  gallons  of
water  from  the  ground  and  surface  waters of the state, which are a
precious, finite and invaluable resource, upon which there is likely  to
be  an  ever-increasing  demand for present, new and competing uses. The
withdrawal of ground and surface waters of the state should be regulated
in a manner that benefits the people of the state and is compatible with
long-range water resource planning and with managing such waters in  the
public trust for the benefit of all New Yorkers.
  5.  Hydraulic  fracturing operations result in wastewater that returns
to the surface laden with salt, heavy metals, other chemicals and radio-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD17402-02-0

A. 11347                            2

active elements. In other states, this wastewater  is  often  stored  in
open  pits  until transported for ultimate disposal. Chemicals evaporate
from these open pits, contributing to air pollution. Leaks and spills of
chemicals  from  the  trucks  and  waste pits may cause contamination of
surface waters. Fracturing fluid left underground could migrate or  seep
through   fractures  in  underground  formations,  cracks  in  well-bore
casings, through abandoned wells, or otherwise to  pollute  groundwater.
Given  the  increased  prevalence  of natural gas drilling in the state,
these negative effects may  increase  if  the  process  of  natural  gas
extraction is not carefully and thoughtfully regulated.
  6.  One  of  the  chief environmental and infrastructure assets of the
state of New York is its drinking water systems, which play a  fundamen-
tal  role  in  the economic productivity and public health of the state.
The policy of the state with respect to  the  management  of  shale  gas
extraction must be one of zero drinking water risk.
  7.  Furthermore,  natural  gas  exploration  must  be carried out in a
manner that is sensitive to the ecological richness and aesthetic beauty
of the state. Widespread, uncontrolled  natural  gas  development  using
hydraulic  fracturing will diminish or destroy the natural beauty of the
land and disrupt the natural habitat of wildlife. The legislature  finds
that  natural  gas  development  must  be  carried out to minimize these
effects to the maximum extent possible.
  8. Natural gas extraction can impose both  monetary  and  non-monetary
costs  on  municipalities  and cause property damage or otherwise reduce
the property value of private land owners. It is the  intention  of  the
legislature  that  all  persons who undertake natural gas development in
the state of New York take full responsibility for  their  actions,  and
act consistent with local concerns.
  9.  Although  natural gas development provides the promise of economic
benefit for the state of New York, the state must ensure that the  bene-
fits  outweigh the costs. It is the policy of the state that natural gas
development practices will be sustainable, respectful, and safe.    This
act is intended to ensure that goal is met.
  S  2.  The  environmental  conservation law is amended by adding a new
section 17-0709 to read as follows:
S 17-0709. WASTEWATER TREATMENT FACILITIES.
  NOTWITHSTANDING ANYTHING TO  THE  CONTRARY  CONTAINED  IN  SUBDIVISION
TWENTY-ONE  OF  SECTION 17-0105 OF THIS ARTICLE, THE COMMISSIONER SHALL,
AFTER HOLDING A PUBLIC HEARING WITH DUE NOTICE,  PROMULGATE  REGULATIONS
ESTABLISHING  A STANDARD OF PERFORMANCE FOR THE CONTROL OF THE DISCHARGE
OF POLLUTANTS FROM FACILITIES  WHICH  TREAT  WASTEWATER  FROM  HYDRAULIC
FRACTURING  OPERATIONS.  THIS  STANDARD OF PERFORMANCE SHALL REFLECT THE
GREATEST DEGREE OF EFFLUENT REDUCTION WHICH THE COMMISSIONER  DETERMINES
TO  BE ACHIEVABLE THROUGH APPLICATION OF THE BEST AVAILABLE DEMONSTRATED
CONTROL TECHNOLOGY, PROCESSES, OPERATING METHODS, OR OTHER ALTERNATIVES,
INCLUDING, WHERE PRACTICABLE, A  STANDARD  PERMITTING  NO  DISCHARGE  OF
POLLUTANTS.  THIS  STANDARD  OF PERFORMANCE SHALL REMAIN IN EFFECT UNTIL
SUCH TIME THAT THE FEDERAL GOVERNMENT DETERMINES THAT A  GREATER  DEGREE
OF  EFFLUENT LIMITATION IS ACHIEVABLE BY THIS CATEGORY OF FACILITIES, AT
WHICH TIME THIS STANDARD OF PERFORMANCE  SHALL  BE  SUPERSEDED  BY  SUCH
FEDERAL STANDARD.
  S 3. Section 23-0101 of the environmental conservation law, as amended
by chapter 846 of the laws of 1981 and subdivision 1 as amended by chap-
ter 891 of the laws of 1984, is amended to read as follows:
S 23-0101. Definitions.
  As used in this article, unless the context otherwise requires:

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  1.  "AIR POLLUTANT" MEANS VOLATILE ORGANIC COMPOUNDS (VOCS) AS DEFINED
AT 40 CFR 51.100(S), HAZARDOUS AIR POLLUTANTS (HAPS) AS  DEFINED  AT  42
USC  S  7412(B)  AND  40  CFR 63, NITROGEN OXIDES (NOX), CARBON MONOXIDE
(CO), METHANE (CH4), ETHANE (C2H6), PARTICULATE MATTER (PM10 AND PM2.5),
OZONE  (O3),  LEAD (PB), SULFUR DIOXIDE (SO2) AND OTHER AIR CONTAMINANTS
AS MAY BE IDENTIFIED BY THE DEPARTMENT.
  2. "BEST MANAGEMENT PRACTICES (BMPS)" ARE PRACTICES THAT ARE  DESIGNED
TO  PREVENT  OR  REDUCE IMPACTS CAUSED BY OIL AND GAS OPERATIONS TO AIR,
WATER, SOIL, OR BIOLOGICAL RESOURCES, AND TO MINIMIZE ADVERSE IMPACTS TO
PUBLIC HEALTH, SAFETY AND WELFARE, INCLUDING THE ENVIRONMENT  AND  WILD-
LIFE RESOURCES.
  3.  "Buffer  zone"  means  all  that  area outside and surrounding the
underground gas storage  reservoir  which  the  department  approves  as
appropriate  to protect the integrity of the reservoir, no part of which
shall be more than thirty-five hundred linear  feet  from  the  boundary
thereof.
  [2.]  4.  "Cavity"  means an open or partially open space left after a
salt has been solution mined.
  5. "CLOSED-LOOP SYSTEM" MEANS A SYSTEM FOR HANDLING OIL OR GAS  EXPLO-
RATION,  STIMULATION, OR PRODUCTION WASTES, INCLUDING BUT NOT LIMITED TO
DRILLING FLUIDS AND CUTTINGS, HYDRAULIC  FRACTURING  FLOWBACK,  PRODUCED
WATER, AND RESIDUAL SLUDGES OR BRINES, WITHOUT THE NEED FOR PITS.
  [3.] 6. "Commissioner" means the commissioner of environmental conser-
vation.
  7.  "CONSEQUENCES  OF ANY HAZARDOUS DISCHARGE" AS USED IN THIS SECTION
MEANS ANY DETRIMENTAL EFFECT TO THE HEALTH, SAFETY, WELFARE, OR AESTHET-
IC ENJOYMENT OF ANY CITIZEN, RESIDENT, OR VISITOR  IN  THE  STATE  BY  A
HAZARDOUS DISCHARGE.
  [4.]  8.  "Department" means the department of environmental conserva-
tion.
  9. "ENVIRONMENTAL DAMAGE" AS USED IN THIS SECTION MEANS DAMAGE TO:
  A. ANY WATERS OF THE STATE;
  B. ANY LAND SURFACE OR SUBSURFACE STRATA OF THE STATE;
  C. ANY AMBIENT AIR WITHIN THE STATE; OR,
  D. THE WILDLIFE OR ECOLOGICAL SYSTEMS IN THE LAND, AIR, OR  WATERS  OF
THE STATE.
  [5.]  10. "Fund" means the oil and gas [fund as established in section
eighty-three-a of the state finance law] ACCOUNT ESTABLISHED UNDER CHAP-
TER FIFTY-EIGHT OF THE LAWS OF NINETEEN HUNDRED EIGHTY-TWO.
  [6.] 11. "Field" means the general  area  underlaid  by  one  or  more
pools.
  [7.]  12.  "Gas" means all natural, manufactured, mixed, and byproduct
gas, and all other hydrocarbons not defined as oil in this section.
  13. "GROUNDWATER" MEANS WATER IN A SATURATED ZONE OR  STRATUM  BENEATH
THE SURFACE OF LAND OR WATER.
  14.  "GROUNDWATER  WELL"  MEANS ANY WELL DESIGNED OR USED FOR THE SOLE
PURPOSE OF OBTAINING GROUNDWATER.
  15. "HAZARDOUS RELEASE" AS USED IN THIS SECTION MEANS THE RELEASE OF A
HAZARDOUS SUBSTANCE.
  16. "HAZARDOUS SUBSTANCE" MEANS SUBSTANCES WHICH  MEET  THE  FOLLOWING
CRITERIA,  INCLUDING  BUT  NOT  LIMITED TO THOSE LISTED IN N.Y.C.R.R.  S
597.2:
  A. BECAUSE OF THEIR QUANTITY, CONCENTRATION, OR PHYSICAL, CHEMICAL  OR
INFECTIOUS CHARACTERISTICS CAUSE PHYSICAL INJURY OR ILLNESS WHEN IMPROP-
ERLY TREATED, STORED, TRANSPORTED, DISPOSED OF, OR OTHERWISE MANAGED;

A. 11347                            4

  B.  POSE A PRESENT OR POTENTIAL HAZARD TO THE ENVIRONMENT WHEN IMPROP-
ERLY TREATED, STORED, TRANSPORTED, DISPOSED OF, OR OTHERWISE MANAGED;
  C.  BECAUSE  OF  THEIR  TOXICITY  OR  CONCENTRATION  WITHIN BIOLOGICAL
CHAINS, PRESENT A DEMONSTRATED THREAT TO  BIOLOGICAL  LIFE  CYCLES  WHEN
RELEASED INTO THE ENVIRONMENT;
  D.  HAVE  AN  ORAL LD (RAT) TOXICITY OF LESS THAN FIFTY MILLIGRAMS PER
KILOGRAM; OR HAVE AN INHALATION LC  (RAT)  TOXICITY  OF  LESS  THAN  TWO
MILLIGRAMS PER LITER; OR HAVE A DERMAL LD (RABBIT) TOXICITY OF LESS THAN
TWO HUNDRED MILLIGRAMS PER KILOGRAM; OR
  E.  CAUSE  OR ARE CAPABLE OF CAUSING DEATH, SERIOUS ILLNESS OR SERIOUS
PHYSICAL INJURY TO ANY PERSON OR PERSONS AS  A  CONSEQUENCE  OF  RELEASE
INTO THE ENVIRONMENT.
  [8.]  17.  "Local  agency"  means  any local agency, board, authority,
school district, commission or governing  body,  including  any  county,
city, town, village or other political subdivision of the state.
  [9.]  18.  "Metered"  means  the  physical measurement of gas by means
acceptable to the department.
  [10.] 19. "Oil" means crude petroleum oil and all other  hydrocarbons,
regardless  of gravity, that are produced at the wellhead in liquid form
by ordinary production methods and that are not the result of  condensa-
tion of gas.
  20.  "OIL AND GAS FACILITY" MEANS EQUIPMENT, IMPROVEMENTS, OR PHYSICAL
STRUCTURES, INCLUDING ANY OIL OR GAS WELLS, USED OR INSTALLED AT AN  OIL
AND GAS LOCATION FOR THE EXPLORATION, PRODUCTION, WITHDRAWAL, GATHERING,
TREATMENT, OR PROCESSING OF OIL OR NATURAL GAS.
  21.  "OIL  AND  GAS LOCATION" MEANS A DEFINABLE AREA WHERE AN OPERATOR
HAS DISTURBED OR INTENDS TO DISTURB THE LAND SURFACE IN ORDER TO  LOCATE
AN OIL AND GAS FACILITY.
  22.  "OIL  AND  GAS  OPERATIONS"  MEANS  EXPLORATION  FOR OIL AND GAS,
INCLUDING THE CONDUCT OF SEISMIC OPERATIONS AND  THE  DRILLING  OF  TEST
BORES;  THE  SITING,  DRILLING,  DEEPENING,  RECOMPLETION, REWORKING, OR
ABANDONMENT OF AN OIL AND GAS WELL, UNDERGROUND INJECTION WELL,  OR  GAS
STORAGE  WELL;  PRODUCTION OPERATIONS RELATED TO ANY SUCH WELL INCLUDING
THE INSTALLATION OF FLOWLINES AND  GATHERING  SYSTEMS;  THE  GENERATION,
TRANSPORTATION,  STORAGE,  TREATMENT,  OR  DISPOSAL  OF  EXPLORATION AND
PRODUCTION WASTES; AND ANY CONSTRUCTION, SITE PREPARATION,  OR  RECLAMA-
TION ACTIVITIES ASSOCIATED WITH SUCH OPERATIONS.
  23. "OPERATOR" MEANS ANY PERSON WHO EXERCISES THE RIGHT TO CONTROL THE
CONDUCT OF, OR WHO CONDUCTS, OIL AND GAS OPERATIONS.
  [11.] 24. "Owner" means the person who has the right to drill into and
produce from a pool or a salt deposit and to appropriate the oil, gas or
salt  he  produces  either  for  himself  or  others, or for himself and
others.
  25. "PIT" MEANS ANY NATURAL OR MAN-MADE DEPRESSION IN THE GROUND  USED
FOR  THE  PURPOSE OF RETAINING OR STORING SUBSTANCES ASSOCIATED WITH OIL
AND GAS OPERATIONS.
  [12.] 26. "Person" means and includes any natural person, corporation,
association, partnership, receiver,  trustee,  executor,  administrator,
guardian,  fiduciary,  or other representative of any kind, and includes
any department, agency or instrumentality of the state  or  any  of  its
governmental subdivisions.
  [13.]  27. "Plug and abandon" means the plugging, replugging if neces-
sary, and abandonment of a well bore including the placing of all bridg-
es, plugs, and fluids therein and the restoration and reclamation of the
surface in the immediate vicinity to a reasonable  condition  consistent
with the adjacent terrain.

A. 11347                            5

  [14.]  28.  "Pool"  means an underground reservoir containing a common
accumulation of oil or gas or both; each zone of a  structure  which  is
completely  separated  from  any  other  zone in the same structure is a
pool.
  29.    "POTENTIAL  ENVIRONMENTAL  JUSTICE  AREA"  MEANS  A MINORITY OR
LOW-INCOME COMMUNITY THAT MAY BEAR A DISPROPORTIONATE SHARE OF THE NEGA-
TIVE ENVIRONMENTAL CONSEQUENCES RESULTING  FROM  INDUSTRIAL,  MUNICIPAL,
AND COMMERCIAL OPERATIONS OR THE EXECUTION OF FEDERAL, STATE, LOCAL, AND
TRIBAL PROGRAMS AND POLICIES.
  [15.]  30.  "Producer"  means  the owner of a well or wells capable of
producing oil, gas, or salt; or any salt or hydrocarbon mixture.
  [16.] 31. "Product" means any commodity  made  from  oil  or  gas  and
includes  refined  crude oil, crude tops, topped crude, processed crude,
processed crude petroleum, residue from crude petroleum, cracking stock,
uncracked fuel oil, fuel oil, treated  crude  oil,  residuum,  gas  oil,
casinghead  gasoline, natural-gas gasoline, kerosene, benzine, wash oil,
waste oil, blended gasoline, lubricating oil, blends or mixtures of  oil
with one or more liquid products or by-products derived from oil or gas,
and  blends  or  mixtures  of two or more liquid products or by-products
derived from oil or gas, whether herein enumerated or not.
  32.  "RELEASE" MEANS ANY SPILLING, LEAKING,  PUMPING,  POURING,  EMIT-
TING,  EMPTYING, DISCHARGING, ESCAPING, LEACHING, DUMPING OR DISCHARGING
INTO  THE  ENVIRONMENT  (INCLUDING  THE  ABANDONMENT  OR  DISCARDING  OF
BARRELS, CONTAINERS, AND OTHER CLOSED RECEPTACLES).
  [17.]  33.  "Reservoir"  means  any  underground reservoir, natural or
artificial cavern or geologic dome, sand or stratigraphic trap,  whether
or not previously occupied by or containing oil or gas.
  [18.] 34. "Salt" means sodium chloride, evaporite or other water solu-
ble  minerals,  either in solution or as a solid or crystalline material
in a pure state or as a mixture.
  35.  "SITE" MEANS THE LOCATION OF ANY  OIL AND GAS OPERATION,  INCLUD-
ING  BUT NOT LIMITED TO WELLS AND WELL PADS, STORAGE FACILITIES, NATURAL
GAS COMPRESSOR STATIONS, AND CENTRALIZED IMPOUNDMENTS.
  [19.] 36. "Solution mining" means the  dissolving  of  an  underground
salt by water to produce a brine for transport to another underground or
surface location for sale, processing or storage.
  37.   "SURFACE WATER" MEANS ANY WATER OCCURRING ON THE EARTH'S SURFACE
IN THE FORM OF A STREAM, RIVER, POND, LAKE, WETLAND,  OCEAN,  ARTIFICIAL
CHANNEL OR RESERVOIR, OR OTHER SURFACE WATER BODY.
  [20.] 38. "Waste" means
  a. Physical waste, as that term is generally understood in the oil and
gas industry;
  b.  The  inefficient, excessive or improper use of, or the unnecessary
dissipation of reservoir energy;
  c. The locating, spacing, drilling, equipping, operating, or producing
of any oil or gas well or wells in a manner which  causes  or  tends  to
cause  reduction  in  the  quantity of oil or gas ultimately recoverable
from a pool under prudent and proper  operations,  or  which  causes  or
tends  to  cause unnecessary or excessive surface loss or destruction of
oil or gas;
  d. The inefficient storing of oil or gas; and
  e. The flaring of gas produced from an oil or  condensate  well  after
the department has found that the use of the gas, on terms that are just
and reasonable, is, or will be economically feasible within a reasonable
time.

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  S 4. Section 23-0303 of the environmental conservation law, as amended
by chapter 846 of the laws of 1981, is amended to read as follows:
S 23-0303. Administration of article.
  1.  Except  to  the  extent that the administration of this article is
specifically entrusted to other agencies or officers of the state by its
provisions, such administration shall be by the department.   Geological
services  for  the  department  in connection with the administration of
this article shall be provided by or in cooperation with the state geol-
ogist. Within appropriations therefor the department  is  authorized  to
employ such personnel as may be necessary for the administration of this
article  and may also employ or secure the services of such engineering,
technical and other consultants as it may require from time to time.
  2. The provisions of this article shall supersede all  local  laws  or
ordinances  relating  to  the  regulation  of  the oil, gas and solution
mining industries; [but shall not supersede local  government  jurisdic-
tion  over local roads or the rights of local governments under the real
property tax law] PROVIDED, HOWEVER, THAT NOTHING IN THIS ARTICLE  SHALL
BE CONSTRUED TO PREVENT ANY LOCAL GOVERNMENT FROM:
  A.  ENACTING OR ENFORCING LOCAL LAWS OR ORDINANCES OF GENERAL APPLICA-
BILITY, EXCEPT THAT SUCH LOCAL LAWS OR ORDINANCES SHALL NOT REGULATE OIL
AND GAS OPERATIONS REGULATED BY STATE STATUTE OR REGULATION; OR
  B. ENACTING OR ENFORCING LOCAL LAWS OR ORDINANCES RELATED TO THE REGU-
LATION AND MANAGEMENT OF LOCAL ROADS, SUCH  AS  INGRESS  AND  EGRESS  TO
PUBLIC THOROUGHFARES CONTROLLED BY THE LOCAL GOVERNMENT; OR
  C.  ENACTING OR ENFORCING LAWS PURSUANT TO THE RIGHTS OF LOCAL GOVERN-
MENTS UNDER THE REAL PROPERTY TAX LAW; OR
  D. ENFORCING ANY REQUIREMENT CONTAINED IN ANY OIL OR GAS PERMIT ISSUED
BY THE STATE; OR
  E. ENACTING OR ENFORCING LOCAL ZONING ORDINANCES OR LAWS  THAT  DETER-
MINE PERMISSIBLE USES IN ZONING DISTRICTS, INCLUDING WHETHER OIL AND GAS
FACILITIES ARE PERMISSIBLE WITHIN A PARTICULAR ZONING DISTRICT. WHERE AN
OIL  AND  GAS  FACILITY  IS  DESIGNATED  A  PERMISSIBLE  USE IN A ZONING
DISTRICT AND ALLOWED BY SPECIAL USE PERMIT, CONDITIONS  PLACED  ON  SUCH
SPECIAL USE PERMITS SHALL BE LIMITED TO THE FOLLOWING:
  I. REQUIREMENTS AND CONDITIONS CONCERNING SETBACK FROM PROPERTY BOUND-
ARIES,  SURFACE  WATERS, GROUNDWATER WELLS, HOMES OR PRIVATE RESIDENCES,
CHURCHES, SCHOOLS, AND OTHER PUBLIC FACILITIES, AND PUBLIC  THOROUGHFARE
RIGHTS-OF-WAY;
  II.  REQUIREMENTS AND CONDITIONS CONCERNING NATURAL OR MAN-MADE BARRI-
ERS TO RESTRICT ACCESS FROM OIL AND GAS FACILITIES, IF REQUIRED; AND
  III. DUST, NOISE, VIBRATION, OR LIGHT LIMITATIONS, AND  REGULATION  OF
HOURS OF OPERATION;
  3. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, LOCAL LAWS AND ORDI-
NANCES  REGULATING  ZONING,  INCLUDING CONDITIONS IN SPECIAL USE PERMITS
THAT IMPOSE SETBACKS, THE REQUIREMENT OF NATURAL OR MANMADE BARRIERS, OR
LIMITATIONS ON DUST, NOISE, VIBRATION, LIGHT, OR HOURS OF OPERATION,  DO
NOT  CONSTITUTE  THE  REGULATION  OF OIL AND GAS OPERATIONS REGULATED BY
STATE STATUTE OR REGULATION.
  4. IN ORDER TO FACILITATE A MUNICIPALITY'S  ABILITY  TO  EXERCISE  ITS
AUTHORITY  UNDER  PARAGRAPH  D  OF  SUBDIVISION TWO OF THIS SECTION, THE
DEPARTMENT SHALL PROVIDE EVERY MUNICIPALITY WITH A COPY OF THE PERMIT OF
EACH WELL LOCATED OR PERMITTED TO BE LOCATED WITHIN ITS BOUNDARIES.
  [3.] 5. a. The commissioner shall accept from municipalities  requests
for  funds  from  the oil and gas fund to reimburse the municipality for
costs incurred in repairing damages to municipal land or property.  Such

A. 11347                            7

requests  shall  include  such explanatory material and documentation as
the commissioner may require.
  b.  The commissioner and director of the budget, may recommend payment
to the municipality to satisfy the request for reimbursement upon  find-
ing that:
  (1)  The  municipality  has made a bona fide effort to seek relief and
recover its costs from those deemed to  be  responsible  and  any  other
appropriate avenues, but has been unsuccessful;
  (2)  The damage was a direct result of activities regulated under this
article and that the amount of funds requested is reasonable in view  of
such damages; and
  (3)  The costs were incurred after the effective date of this subdivi-
sion.
  S 5. Paragraph d of subdivision 8 of section 23-0305 of  the  environ-
mental  conservation law, as amended by chapter 846 of the laws of 1981,
is amended to read as follows:
  d. Require the drilling, casing, operation, plugging and replugging of
wells and reclamation of surrounding land in accordance with  rules  and
regulations  of  the  department  in such manner as to prevent or remedy
[the following] ANY ACT RESULTING IN ENVIRONMENTAL DAMAGE, including but
not limited to: the escape of oil, gas, brine or water out of one  stra-
tum  into  another;  the intrusion of water into oil or gas strata other
than during enhanced recovery operations; the pollution of  fresh  water
supplies  by oil, gas, salt water, DRILLING FLUIDS, HYDRAULIC FRACTURING
FLUIDS or other contaminants; and blowouts, cavings, seepages and fires.
SUCH RULES AND REGULATIONS SHALL REGULATE THE TYPE, VOLUME, AND  CONCEN-
TRATION OF ADDITIVES FOR THE PROTECTION OF HUMAN HEALTH AND THE ENVIRON-
MENT;  AND SUCH REGULATIONS SHALL PROHIBIT THE USE OF DRILLING FLUIDS OR
HYDRAULIC FRACTURING FLUIDS CONTAINING ANY CHEMICAL SUBSTANCE THAT  UPON
EXPOSURE,  INGESTION,  INHALATION  OR  ASSIMILATION  INTO  ANY ORGANISM,
EITHER DIRECTLY FROM THE ENVIRONMENT, INCLUDING FROM DRINKING WATER,  OR
INDIRECTLY THROUGH FOOD CHAINS, WILL, ON THE BASIS OF INFORMATION AVAIL-
ABLE  TO THE DEPARTMENT, CAUSE DEATH, DISEASE, BEHAVIORAL ABNORMALITIES,
CANCER, GENETIC MUTATIONS, ENDOCRINE DISRUPTION, PHYSIOLOGICAL  MALFUNC-
TIONS, INCLUDING MALFUNCTIONS IN REPRODUCTION, OR PHYSICAL DEFORMATIONS,
IN  SUCH  ORGANISMS  OR  THEIR  OFFSPRING, INCLUDING BUT NOT LIMITED TO:
BENZENE AND ANY CHEMICAL SUBSTANCE THAT HAS BEEN IDENTIFIED PURSUANT  TO
THE  FEDERAL TOXIC SUBSTANCES CONTROL ACT AS PERSISTENT, BIOACCUMULATIVE
AND TOXIC.
  S 6. Section 23-0305 of the environmental conservation law is  amended
by adding a new subdivision 15 to read as follows:
  15.  THE  DEPARTMENT SHALL PROMULGATE REGULATIONS REQUIRING DISCLOSURE
OF CHEMICALS USED IN OIL AND GAS WELL DRILLING AND HYDRAULIC FRACTURING,
INCLUDING BUT NOT LIMITED TO THE FOLLOWING REQUIREMENTS:
  A. NO PERMIT TO DRILL, DEEPEN, PLUG BACK, OR CONVERT A WELL  SHALL  BE
ISSUED  UNDER  THIS ARTICLE UNTIL THE DEPARTMENT OBTAINS FROM THE PERMIT
APPLICANT A COMPLETE LIST OF THE CHEMICAL CONSTITUENTS OF EACH  ADDITIVE
THAT  MAY  BE  USED  IN DRILLING OR FRACTURING THE WELL SPECIFIED IN THE
APPLICATION;
  B. WHENEVER THE DEPARTMENT OR A TREATING PHYSICIAN  OR  NURSE,  DETER-
MINES THAT A MEDICAL EMERGENCY EXISTS AS A RESULT OF OIL OR GAS EXPLORA-
TION, STIMULATION, OR PRODUCTION ACTIVITIES CONDUCTED BY A WELL DRILLING
PERMIT  HOLDER OR ITS SUBCONTRACTORS AND THAT THE DISCLOSURE OF PROPRIE-
TARY CHEMICAL INFORMATION, INCLUDING THE IDENTITY OF ANY CHEMICAL OR THE
FORMULA OF ANY ADDITIVE USED IN DRILLING OR HYDRAULIC  FRACTURING  OF  A
PERMITTED  OIL  OR GAS WELL, MAY BE NECESSARY FOR EMERGENCY OR FIRST-AID

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TREATMENT, THE WELL DRILLING  PERMIT  HOLDER  OR  ANY  SUBCONTRACTOR  IN
POSSESSION  OR  CONTROL OF THE PROPRIETARY INFORMATION SHALL IMMEDIATELY
DISCLOSE THE PROPRIETARY INFORMATION REQUESTED TO THE DEPARTMENT OR THAT
TREATING  PHYSICIAN  OR  NURSE, REGARDLESS OF THE EXISTENCE OF A WRITTEN
STATEMENT OF NEED OR A CONFIDENTIALITY AGREEMENT.  THE PERMIT HOLDER  OR
SUBCONTRACTOR  MAY  REQUEST  A WRITTEN STATEMENT OF NEED AND A CONFIDEN-
TIALITY AGREEMENT AS SOON THEREAFTER AS  CIRCUMSTANCES  PERMIT.  IN  THE
EVENT  THE  PERMIT HOLDER OR SUBCONTRACTOR FAILS TO IMMEDIATELY DISCLOSE
SUCH PROPRIETARY INFORMATION, THE DEPARTMENT SHALL MAKE AVAILABLE  TO  A
TREATING PHYSICIAN OR NURSE ALL INFORMATION WITHIN ITS POSSESSION RELAT-
ING  TO  THE  INGREDIENTS OF ANY CHEMICAL OR THE FORMULA OF ANY ADDITIVE
USED IN DRILLING OR HYDRAULIC FRACTURING UTILIZED IN A PERMITTED OIL  OR
GAS WELL SUSPECTED OF CAUSING SUCH EMERGENCY;
  C.  EACH  PERMIT  HOLDER SHALL NOTIFY THE DEPARTMENT OF ANY CHANGES TO
THE CHEMICAL CONSTITUENTS USED IN DRILLING OR FRACTURING  PRIOR  TO  THE
FLUID'S USE IN THE DRILLING OR FRACTURING PROCESS.
  D.  THE  DEPARTMENT SHALL MAKE ANY DISCLOSURES FILED UNDER PARAGRAPH A
OR C OF THIS SUBDIVISION AVAILABLE TO THE PUBLIC  AND  SHALL  POST  SUCH
INFORMATION ON THE DEPARTMENT'S WEBSITE.
  S  7. Section 23-0313 of the environmental conservation law is amended
by adding four new subdivisions 3, 4, 5 and 6 to read as follows:
  3. THE DEPARTMENT SHALL PROMULGATE REGULATIONS REQUIRING:
  A. OIL AND GAS WELL OWNERS OR OPERATORS TO GIVE NOTICE TO THE  DEPART-
MENT,  LOCAL  HEALTH  DEPARTMENT  AND  RESPONDING EMERGENCY AGENCIES, IN
PERSON OR BY SUCH MEANS AS THE  DEPARTMENT  SHALL  SPECIFY,  IMMEDIATELY
AFTER  THE RELEASE OF ANY FUEL, HAZARDOUS CHEMICAL OR WASTE STORED AT OR
GENERATED BY AN OIL AND GAS FACILITY OR USED IN WELL DRILLING OR HYDRAU-
LIC FRACTURING OPERATIONS.
  B. NOTICE REQUIRED UNDER PARAGRAPH A OF THIS SUBDIVISION SHALL INCLUDE
EACH OF THE FOLLOWING (TO THE EXTENT KNOWN AT THE TIME OF THE NOTICE AND
SO LONG AS NO DELAY IN RESPONDING TO THE RELEASE RESULTS):
  I. THE CHEMICAL NAME OR IDENTITY OF  ANY  SUBSTANCE  INVOLVED  IN  THE
RELEASE; AND
  II.  AN  ESTIMATE  OF  THE  QUANTITY  OF  ANY  SUCH SUBSTANCE THAT WAS
RELEASED INTO THE ENVIRONMENT; AND
  III. THE TIME AND DURATION OF THE RELEASE; AND
  IV. THE MEDIUM OR MEDIA INTO WHICH THE RELEASE OCCURRED; AND
  V. ANY KNOWN OR ANTICIPATED ACUTE OR CHRONIC HEALTH  RISKS  ASSOCIATED
WITH THE RELEASE AND, WHERE APPROPRIATE, ADVICE REGARDING MEDICAL ATTEN-
TION NECESSARY FOR EXPOSED INDIVIDUALS; AND
  VI. PROPER PRECAUTIONS AND REMEDIAL ACTIONS TO TAKE AS A RESULT OF THE
RELEASE; AND
  VII.  THE  NAME  AND  TELEPHONE  NUMBER OF THE PERSON OR PERSONS TO BE
CONTACTED FOR FURTHER INFORMATION.
  C. AS SOON AS PRACTICABLE AFTER A RELEASE THAT REQUIRES  NOTICE  UNDER
PARAGRAPH  A OF THIS SUBDIVISION, SUCH OWNER OR OPERATOR SHALL PROVIDE A
WRITTEN FOLLOW-UP EMERGENCY NOTICE  (OR  NOTICES,  AS  MORE  INFORMATION
BECOMES  AVAILABLE)  SETTING FORTH AND UPDATING THE INFORMATION REQUIRED
UNDER PARAGRAPH B OF THIS SUBDIVISION, AND INCLUDING:
  I. ACTIONS TAKEN TO RESPOND TO AND CONTAIN THE RELEASE;
  II. ANY KNOWN OR ANTICIPATED ACUTE OR CHRONIC HEALTH RISKS  ASSOCIATED
WITH THE RELEASE; AND
  III. ADVICE REGARDING MEDICAL ATTENTION NECESSARY FOR EXPOSED INDIVID-
UALS.

A. 11347                            9

  D.  THE  DEPARTMENT  SHALL  POST ALL CHEMICAL SPILL REPORT INFORMATION
REFERENCED IN PARAGRAPHS A, B AND C OF THIS SUBDIVISION ON  THE  DEPART-
MENT'S WEBSITE.
  4.  THE  DEPARTMENT  SHALL  PROMULGATE RULES AND REGULATIONS REQUIRING
THAT OWNERS OR OPERATORS OF WELLS GIVE WRITTEN  NOTICE  TO  ALL  PERSONS
RESIDING WITHIN ONE HALF MILE OF ANY PROPOSED WELL SITE TWO WEEKS BEFORE
DRILLING  OR  HYDRAULIC FRACTURING OPERATIONS BEGIN. OWNERS OR OPERATORS
OF WELLS SHALL PUBLISH A NOTICE IN A LOCAL NEWSPAPER CIRCULATING IN  THE
AREA  OF  THE  PROPOSED WELL SITE TWO WEEKS BEFORE DRILLING OR HYDRAULIC
FRACTURING OPERATIONS BEGIN. WITHIN TWO BUSINESS DAYS OF  GIVING  NOTICE
UNDER THIS SECTION, A LIST OF RECIPIENTS AND A COPY OF ALL NOTICES, WITH
PROOF OF DELIVERY IN COMPLIANCE WITH THIS SECTION, SHALL BE SUBMITTED TO
THE  DEPARTMENT FOR INCLUSION IN THE DRILLING PERMIT FILE. COPIES OF ALL
NOTICES SHALL BE PUBLICLY AVAILABLE.
  5. THE DEPARTMENT SHALL DEVELOP MAPS OF ALL KNOWN OIL AND  GAS  WELLS,
INCLUDING  ACTIVE  AND  ABANDONED  WELLS, IN NEW YORK USING A GEOGRAPHIC
INFORMATION SYSTEM AND MAKE THOSE MAPS SYSTEM PUBLICLY AVAILABLE ON  THE
DEPARTMENT'S WEBSITE.
  6.  THE  DEPARTMENT  SHALL CREATE AND OPERATE AN EMERGENCY 1-800 TELE-
PHONE NUMBER FOR PUBLIC USE IN IDENTIFYING  AND  REPORTING  ANY  OIL  OR
NATURAL GAS-RELATED INCIDENTS TO THE DEPARTMENT.
  S  8.  The  environmental  conservation law is amended by adding a new
section 23-0315 to read as follows:
S 23-0315. BEST MANAGEMENT PRACTICES.
  1. THE COMMISSIONER SHALL NOT PERMIT ANY OWNER OR OPERATOR TO COMMENCE
OPERATIONS TO DRILL, DEEPEN, PLUG BACK OR CONVERT A  WELL  FOR  EXPLORA-
TION,  PRODUCTION,  STORAGE OR DISPOSAL UNLESS SUCH OPERATIONS IMPLEMENT
BEST MANAGEMENT PRACTICES.
  2. THE COMMISSIONER SHALL INCLUDE ALL APPLICABLE BEST MANAGEMENT PRAC-
TICES AS CONDITIONS OF EACH  PERMIT  TO  DRILL,  DEEPEN,  PLUG  BACK  OR
CONVERT A WELL.
  3.  EVERY THREE YEARS, AFTER HOLDING A PUBLIC HEARING WITH DUE NOTICE,
THE COMMISSIONER SHALL PUBLISH AN INVENTORY OF BEST MANAGEMENT PRACTICES
THAT MAY BE INCLUDED AS SPECIAL CONDITIONS OF PERMITS  FOR  NATURAL  GAS
DRILLING,  DEPENDING UPON SITE-SPECIFIC ANALYSIS OF A PROPOSED WELL SITE
AND AVAILABLE CONTROL TECHNOLOGIES. ANY BEST MANAGEMENT  PRACTICES  THAT
MAY  BE  APPLIED  TO  ALL DRILLING PERMITS SHALL BE PROMULGATED AS REGU-
LATIONS IN COMPLIANCE WITH THE REQUIREMENTS OF THE STATE  ADMINISTRATIVE
PROCEDURE ACT.
  S  9.  The  environmental  conservation law is amended by adding a new
section 23-0317 to read as follows:
S 23-0317. LIABILITY.
  1. LIABLE PARTIES. THE FOLLOWING PERSONS SHALL BE LIABLE UNDER  SUBDI-
VISION TWO OF THIS SECTION:
  A. THE OWNER OF AN OIL AND GAS FACILITY OR PIPELINE;
  B. THE OPERATOR OF AN OIL AND GAS FACILITY OR PIPELINE;
  C.  ANY  PERSON  WHO BY CONTRACT, AGREEMENT, OR OTHERWISE ARRANGED FOR
THE TRANSPORT OF OIL OR GAS, OR FOR THE TRANSPORT, DISPOSAL,  OR  TREAT-
MENT  OF  A HAZARDOUS SUBSTANCE USED IN OIL OR GAS OPERATIONS, INCLUDING
HAZARDOUS HYDRAULIC FRACTURING FLUID OR ANY HAZARDOUS COMPONENTS  THERE-
OF; AND,
  D.  ANY PERSON WHO ACCEPTS ANY HAZARDOUS SUBSTANCE USED IN OIL AND GAS
OPERATIONS FOR RECYCLING, DISPOSAL, OR TREATMENT.
  2. LIABILITY. ANY LIABLE PARTY MENTIONED IN SUBDIVISION  ONE  OF  THIS
SECTION SHALL BE LIABLE FOR ANY ENVIRONMENTAL DAMAGE FROM, OR THE CONSE-
QUENCES  OF  ANY  HAZARDOUS  RELEASE  FROM,  AN  OIL  AND  GAS FACILITY,

A. 11347                           10

WELL-BORE, PIPELINE, OR FROM ANY STORAGE OR DISPOSAL AREA FOR OIL,  GAS,
OR A HAZARDOUS SUBSTANCE USED IN OIL OR GAS OPERATIONS INCLUDING:
  A.  ALL  COSTS  OF REMOVAL OR REMEDIAL ACTION INCURRED BY THE STATE OR
ANY SUBDIVISION THEREOF;
  B. ANY OTHER NECESSARY COSTS OF RESPONSE OR MITIGATION INCURRED BY ANY
OTHER PERSON AUTHORIZED BY THE STATE TO RESPOND TO THE CONTAMINATION  OR
MITIGATE THE EFFECTS THEREOF;
  C.  DAMAGES  FOR  INJURY  TO,  DESTRUCTION  OF,  OR  LOSS  OF  NATURAL
RESOURCES, INCLUDING THE REASONABLE  COSTS  OF  ASSESSING  SUCH  INJURY,
DESTRUCTION, OR LOSS RESULTING FROM SUCH A RELEASE; AND,
  D.  ALL DIRECT COSTS PROXIMATELY CAUSED BY THE ENVIRONMENTAL DAMAGE OR
THE CONSEQUENCES OF ANY HAZARDOUS RELEASE TO PRIVATE PARTIES,  INCLUDING
BUT NOT LIMITED TO DAMAGE TO PROPERTY OWNED BY SUCH PARTIES OR INJURY TO
PERSONAL HEALTH OR WELFARE.
  3.  LIMITATION  OF  LIABILITY.  NOTHING  IN  THIS  SECTION  SHOULD  BE
CONSTRUED AS LIMITING THE LIABILITY OF ANY LIABLE  PARTY  IDENTIFIED  IN
SUBDIVISION  ONE OF THIS SECTION AS AGAINST ANY PRIVATE PARTY IN A CIVIL
ACTION.
  4. NATURAL RESOURCES LIABILITY. A. IN  THE  EVENT  OF  AN  INJURY  TO,
DESTRUCTION OF, OR LOSS OF NATURAL RESOURCES UNDER PARAGRAPH C OF SUBDI-
VISION TWO OF THIS SECTION, LIABILITY SHALL BE TO THE STATE OF NEW YORK;
PROVIDED,  HOWEVER,  THAT NO LIABILITY TO THE STATE OF NEW YORK SHALL BE
IMPOSED UNDER PARAGRAPH C OF SUBDIVISION TWO OF THIS SECTION, WHERE  THE
PARTY  SOUGHT TO BE CHARGED HAS DEMONSTRATED THAT THE DAMAGES TO NATURAL
RESOURCES COMPLAINED OF WERE SPECIFICALLY IDENTIFIED AS AN  IRREVERSIBLE
OR  IRRETRIEVABLE  COMMITMENT  OF  NATURAL RESOURCES IN AN ENVIRONMENTAL
IMPACT STATEMENT, OR OTHER COMPARABLE ENVIRONMENTAL  ANALYSIS,  AND  THE
DECISION  TO  GRANT  A  PERMIT  OR LICENSE AUTHORIZES SUCH COMMITMENT OF
NATURAL RESOURCES, AND THE FACILITY OR PROJECT WAS  OTHERWISE  OPERATING
WITHIN THE TERMS OF ITS PERMIT OR LICENSE.
  B.  THE  COMMISSIONER,  OR  ANOTHER  REPRESENTATIVE  AUTHORIZED BY THE
GOVERNOR OF NEW YORK, SHALL ACT ON BEHALF OF THE PUBLIC  AS  TRUSTEE  OF
SUCH  NATURAL  RESOURCES  TO RECOVER FOR SUCH DAMAGES. SUMS RECOVERED BY
THE COMMISSIONER AS TRUSTEE UNDER THIS SUBSECTION SHALL BE  RETAINED  BY
THE  TRUSTEE,  WITHOUT  FURTHER  APPROPRIATION, FOR USE ONLY TO RESTORE,
REPLACE, OR ACQUIRE THE EQUIVALENT OF SUCH NATURAL RESOURCES. THE  MEAS-
URE  OF  DAMAGES  IN  ANY ACTION UNDER PARAGRAPH C OF SUBDIVISION ONE OF
THIS SECTION SHALL NOT BE LIMITED BY THE  SUMS  WHICH  CAN  BE  USED  TO
RESTORE OR REPLACE SUCH RESOURCES.
  5.  FINANCIAL  RESPONSIBILITY.  A.  ANY OWNER OR OPERATOR OF A WELL OR
WELLS MUST, BEFORE COMMENCEMENT OF OPERATIONS, POST A LIABILITY BOND  OR
HOLD LIABILITY INSURANCE COVERAGE FOR EACH WELL OWNED OR OPERATED.
  B.  THE  LIABILITY  BOND  OR INSURANCE REQUIRED BY PARAGRAPH A OF THIS
SUBDIVISION SHALL BE IN SUCH FORM AS THE DEPARTMENT BY REGULATION  SHALL
REQUIRE AND IN SUCH AMOUNT AS THE DEPARTMENT SHALL DEEM TO BE REASONABLY
SUFFICIENT  TO  CORRECT,  REPAIR  OR  REMEDY  TO THE SATISFACTION OF THE
DEPARTMENT ANY ENVIRONMENTAL DAMAGE  OR  HAZARDOUS  DISCHARGE  RESULTING
FROM OIL OR GAS EXPLORATION OR PRODUCTION.  HOWEVER, FOR WELLS LESS THAN
TWO  THOUSAND  FIVE  HUNDRED  FEET IN DEPTH OR LENGTH, A MINIMUM OF FIVE
THOUSAND FIVE HUNDRED DOLLARS PER WELL WILL BE REQUIRED TO SATISFY  THIS
SECTION  AND  FOR  WELLS  BETWEEN TWO THOUSAND FIVE HUNDRED FEET AND SIX
THOUSAND FEET IN DEPTH OR LENGTH, TEN THOUSAND FIVE HUNDRED DOLLARS  PER
WELL  WILL BE REQUIRED. WELLS GREATER THAN SIX THOUSAND FEET IN DEPTH OR
LENGTH AND FOR WHICH HYDRAULIC FRACTURING  FLUID  SHALL  BE  USED,  WILL
REQUIRE  THAT  THE OPERATOR PROVIDE ADDITIONAL FINANCIAL SECURITY OF TWO
HUNDRED FIFTY THOUSAND DOLLARS,  PROVIDED  HOWEVER  THE  DEPARTMENT  MAY

A. 11347                           11

REQUIRE AN ADDITIONAL BOND OR FINANCIAL SECURITY IN AN AMOUNT SUFFICIENT
TO  COVER  POTENTIAL  REMEDIATION COSTS ASSOCIATED WITH CONTAMINATION OF
THE ENVIRONMENT.
  C.  THE  LIABILITY  BOND  OR INSURANCE REQUIRED BY PARAGRAPH A OF THIS
SUBDIVISION SHALL BE HELD FOR THE DURATION OF OPERATIONS.
  D. AFTER OPERATIONS HAVE CEASED, ANY OWNER OR OPERATOR OF  A  WELL  OR
WELLS  SHALL  POST A LIABILITY BOND OR HOLD LIABILITY INSURANCE FOR EACH
WELL OWNED OR OPERATED.
  E. THE LIABILITY BOND OR INSURANCE REQUIRED BY  PARAGRAPH  D  OF  THIS
SUBDIVISION  SHALL BE IN SUCH FORM AS THE DEPARTMENT BY REGULATION SHALL
REQUIRE AND IN SUCH AMOUNT AS THE DEPARTMENT SHALL  DEEM  SUFFICIENT  TO
CORRECT,  REPAIR,  OR  REMEDY  TO THE SATISFACTION OF THE DEPARTMENT ANY
ENVIRONMENTAL DAMAGE OR HAZARDOUS DISCHARGE RESULTING FROM  MOVEMENT  OF
ANY HAZARDOUS SUBSTANCE FROM THE PLUGGED OR PERMANENTLY ABANDONED WELL.
  F.  THE  LIABILITY  BOND  OR INSURANCE REQUIRED BY PARAGRAPH D OF THIS
SUBDIVISION SHALL BE HELD FOR ONE HUNDRED YEARS AFTER THE WELL HAS  BEEN
PLUGGED OR PERMANENTLY ABANDONED.
  G.  NOTHING IN THIS SECTION SHALL AFFECT THE REQUIREMENTS OF PARAGRAPH
E OF SUBDIVISION THREE OF SECTION 23-1101 OF THIS ARTICLE.
  6. DEFINITION OF NATURAL RESOURCES. "NATURAL  RESOURCES"  AS  USED  IN
THIS  SECTION  MEANS  LAND,  FISH,  WILDLIFE,  BIOTA, AIR, WATER, GROUND
WATER, DRINKING WATER SUPPLIES, AND OTHER SUCH RESOURCES  BELONGING  TO,
MANAGED  BY,  HELD IN TRUST BY, APPERTAINING TO, OR OTHERWISE CONTROLLED
BY THE STATE OF NEW YORK.
  S 10. The environmental conservation law is amended by  adding  a  new
section 23-0505 to read as follows:
S 23-0505. OIL AND GAS FACILITY LOCATION REQUIREMENTS.
  1.  MINIMUM SETBACKS. NO OIL AND GAS FACILITY, WELL-BORE, PIPELINE, OR
STORAGE OR DISPOSAL AREA FOR OIL, GAS, OR A HAZARDOUS SUBSTANCE USED  IN
OIL  OR  GAS OPERATIONS SHALL BE LOCATED WITHIN TWO THOUSAND FEET OF ANY
SURFACE WATERS, GROUNDWATER WELL, HOME OR PRIVATE RESIDENCE (INCLUDING A
NURSING HOME), SCHOOL, CHURCH, DAY CARE FACILITY, OR HEALTH CARE FACILI-
TY.
  2. SUBSURFACE LANDS. FOR THE  PURPOSES  OF  SUBDIVISION  ONE  OF  THIS
SECTION,  THE  SETBACKS  APPLICABLE  TO  ANY SURFACE WATERS, GROUNDWATER
WELL, HOME OR PRIVATE RESIDENCE  (INCLUDING  A  NURSING  HOME),  SCHOOL,
CHURCH,  DAY  CARE FACILITY, OR HEALTH CARE FACILITY SHALL ALSO APPLY TO
THE LAND DIRECTLY BELOW THOSE AREAS, INCLUDING ANY SUBSURFACE STRATA.
  3. CONTAMINATION PREVENTION. A. SPILLS, WELL  LEAKS,  AND  CONTAMINANT
FLOW FROM TARGETED FORMATION.
  (1)  THE  WELL PAD OF ANY OIL OR GAS WELL LOCATED WITHIN ONE-HALF MILE
OF ANY SURFACE WATERS MUST BE SURROUNDED BY A  PROTECTIVE  BERM  WITH  A
WATER  DETENTION  CAPACITY OF AT LEAST TWENTY-FIVE THOUSAND GALLONS. THE
DEPARTMENT MAY REQUIRE A PROTECTIVE BERM TO HAVE  A  DETENTION  CAPACITY
GREATER  THAN  TWENTY-FIVE THOUSAND GALLONS IF THE DEPARTMENT DETERMINES
IT IS NECESSARY TO PROTECT SURFACE WATERS FROM CONTAMINATION.
  (2) THE DEPARTMENT SHALL  REQUIRE  A  SITE-SPECIFIC  ANALYSIS  OF  THE
TOPOGRAPHY, GEOLOGY, AND HYDROGEOLOGY OF ALL PROPOSED OIL AND GAS FACIL-
ITIES  OR  PIPELINES. THIS ANALYSIS SHOULD INCLUDE IDENTIFICATION OF ALL
POTENTIAL PATHWAYS AND RECEIVING WATERS FOR  SPILLS  FROM  THE  SITE  TO
REACH SURFACE WATERS.
  (3)  THE  DEPARTMENT  SHALL  REQUIRE  THE  DEVELOPMENT  OF GROUNDWATER
CONTOUR AND VERTICAL GRADIENT MAPS OF THE GEOLOGICAL FORMATION FROM  THE
TARGET  FORMATION  TO  THE  GROUND  SURFACE PRIOR TO APPROVAL OF ANY GAS
DRILLING PERMIT.

A. 11347                           12

  (4) THE DEPARTMENT SHALL PROMULGATE REGULATIONS IDENTIFYING TOPOGRAPH-
ICAL AND GEOLOGIC AND HYDROGEOLOGIC CONDITIONS, INCLUDING BUT NOT LIMIT-
ED TO STEEP SLOPES BETWEEN THE WELL PAD AND SURFACE WATERS; PROXIMITY TO
IMPAIRED WATERWAYS IDENTIFIED BY THE  STATE  OF  NEW  YORK  PURSUANT  TO
SECTION  303(D)  OF  THE  FEDERAL CLEAN WATER ACT; CONDITIONS THAT WOULD
PERMIT SUDDEN SPILLS TO  REACH  SURFACE  WATERS  BEFORE  CONTAINMENT  IS
POSSIBLE;  OR  ANY  OTHER  CONDITIONS  THAT  WOULD  INCREASE THE RISK OF
SURFACE OR GROUNDWATER CONTAMINATION OR FURTHER DEGRADATION THAT REQUIRE
SETBACKS LARGER THAN THOSE SPECIFIED IN SUBDIVISION ONE OF THIS  SECTION
OR DENIAL OF A WELL DRILLING PERMIT.
  (5)  AS  A CONDITION OF ANY PERMIT GRANTED PURSUANT TO SECTION 23-0501
OF THIS ARTICLE FOR  ANY  WELL  SUBJECT  TO  SETBACK  REQUIREMENTS,  THE
DEPARTMENT  SHALL  ESTABLISH SETBACKS SUFFICIENT TO PROTECT HUMAN HEALTH
AND THE WATERS OF THE STATE.
  B. MONITORING REQUIREMENTS. (1) ALL OIL OR GAS WELLS MUST BE  EQUIPPED
WITH  A MONITORING DEVICE OR DEVICES INSTALLED TO DETECT ANY CONTAMINANT
MOVEMENT FROM THE OIL OR GAS WELL IN THE DIRECTION OF ANY GROUNDWATER OR
GROUNDWATER WELL.
  (2) THE DEPARTMENT SHALL PROMULGATE REGULATIONS ESTABLISHING  A  MONI-
TORING  PROGRAM  TO  DETECT  ANY CONTAMINANT MOVEMENT FROM AN OIL OR GAS
FACILITY. THE REGULATIONS SHALL PROVIDE, AT A MINIMUM, THAT:
  (I) MONITORING SHALL OCCUR NO LESS OFTEN THAN QUARTERLY;
  (II) GROUNDWATER MONITORING SHALL COMMENCE AT  OR  NEAR  THE  PROPOSED
WELL  SITE AT LEAST THREE HUNDRED SIXTY-FIVE DAYS BEFORE DRILLING BEGINS
TO PROVIDE A WATER QUALITY BASELINE THAT ACCOUNTS FOR  SEASONAL  CHANGES
IN WATER QUALITY;
  (III)  MONITORING  SHALL CONTINUE FOR THE DURATION OF OPERATIONS UNTIL
FIFTY YEARS AFTER OPERATIONS HAVE CEASED OR THE OIL  AND  GAS  WELL  HAS
BEEN PLUGGED OR PERMANENTLY ABANDONED;
  (IV) THE MONITORING DEVICE OR DEVICES USED TO DETECT CONTAMINANT MOVE-
MENT SHALL REFLECT THE BEST TECHNOLOGY AVAILABLE FOR SUCH MONITORING;
  (V)  MONITORING SHALL BE CONDUCTED FOR ONE OR MORE ACTUAL CONSTITUENTS
OF DRILLING AND FRACTURING FLUIDS USED AT EACH PROXIMATE SITE; AND
  (VI) SCREEN LENGTHS, MONITORING WELL DENSITY  AND  MONITORED  AQUIFERS
SHALL  BE  BASED UPON A CONCEPTUAL FLOW MODEL, DEVELOPED ON THE BASIS OF
ALL AVAILABLE OR NEW DATA, AS APPROPRIATE, TO DETECT A LEAK OR MIGRATION
OF ANY CONTAMINATION SO AS TO  MAXIMIZE  THE  POSSIBILITY  OF  DETECTION
PRIOR TO CONTAMINATION OF ANY DRINKING WATER SOURCE.
  S  11.  The  environmental conservation law is amended by adding a new
section 23-0507 to read as follows:
S 23-0507. EXCLUSION AREAS.
  1. THE DEPARTMENT SHALL  IDENTIFY  SPECIFIC  AREAS  WITH  DETERMINABLE
BOUNDARIES  IN  WHICH ANY OIL AND GAS FACILITIES, WELL-BORES, PIPELINES,
OR STORAGE OR DISPOSAL AREAS FOR OIL, GAS, OR A HAZARDOUS SUBSTANCE USED
IN OIL OR GAS OPERATIONS WILL BE PROHIBITED. THESE AREAS SHALL INCLUDE:
  A. THE AREA AROUND AND INCLUDING THE NEW YORK CITY WATERSHED;
  B. THE AREA AROUND AND INCLUDING ANY WATER SYSTEM THAT  HAS  RECEIVED,
AT  ANY  POINT  IN  TIME,  A FILTRATION AVOIDANCE DETERMINATION FROM THE
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY;
  C. ANY AREA OVERLYING A SOLE SOURCE AQUIFER;
  D. ANY OTHER AREA IDENTIFIED BY THE DEPARTMENT AS  NECESSARY  FOR  THE
PROTECTION OF DRINKING WATER RESOURCES;
  E.  ANY  AREA  IDENTIFIED  AS  A  CRITICAL HABITAT FOR A THREATENED OR
ENDANGERED SPECIES UNDER SECTION FOUR OF THE FEDERAL ENDANGERED  SPECIES
ACT  (42  U.S.C.  S  1533) OR ANY AREA IDENTIFIED AS A "NATURAL HERITAGE
AREA" UNDER SECTION 11-0539 OF THIS CHAPTER;

A. 11347                           13

  F. ANY AREA IDENTIFIED BY THE DEPARTMENT AS A BIRD  CONSERVATION  AREA
OR  ANY  OTHER  CRITICAL BIRD HABITAT FOR THE PROTECTION OF MIGRATORY OR
NON-MIGRATORY BIRDS;
  G. ALL FLOODPLAINS; AND,
  H.  ALL  AREAS  WITHIN ANY NEW YORK STATE PARK, FOREST PRESERVE, STATE
FOREST, WILDLIFE REFUGE, WILDLIFE MANAGEMENT AREA, OR WILDERNESS AREA.
  2. FOR ANY AREAS IDENTIFIED IN PARAGRAPH A OR B OF SUBDIVISION ONE  OF
THIS SECTION THE DEPARTMENT SHALL IDENTIFY AN ADDITIONAL AREA AROUND THE
PRIMARY DRINKING WATER RESOURCE IN WHICH OIL AND GAS OPERATIONS SHALL BE
PROHIBITED IN ORDER TO ENSURE ADEQUATE PROTECTION OF SUCH RESOURCE.
  3. FOR ANY AREAS IDENTIFIED IN PARAGRAPHS A, B, C, OR E OF SUBDIVISION
ONE  OF  THIS  SECTION  THE DEPARTMENT SHALL ADD AN ADDITIONAL EXCLUSION
BUFFER OF NO LESS THAN ONE-HALF MILE IN WHICH ANY OIL  AND  GAS  FACILI-
TIES,  WELL-BORES, PIPELINES, OR STORAGE OR DISPOSAL AREAS FOR OIL, GAS,
OR A HAZARDOUS SUBSTANCE USED IN OIL OR GAS OPERATIONS WILL BE PROHIBIT-
ED.
  4. ALL AREAS IDENTIFIED IN SUBDIVISION ONE OF  THIS  SECTION  AND  THE
EXCLUSION  BUFFER  AREAS  IDENTIFIED  IN SUBDIVISION TWO OF THIS SECTION
SHALL INCLUDE ALL THE LAND LOCATED DIRECTLY BELOW THOSE AREAS, INCLUDING
ALL LEVELS OF SUBSURFACE STRATA.
  5. THE DEPARTMENT MAY ALSO IDENTIFY ANY OTHER EXCLUSION AREA  FOR  THE
PROTECTION  OF  ANY  NATURAL  RESOURCE  AS DEFINED IN SUBDIVISION SIX OF
SECTION 23-0317 OF THIS ARTICLE OR FOR THE HEALTH,  SAFETY,  OR  GENERAL
WELFARE OF ANY CITIZEN, RESIDENT, OR VISITOR IN THE STATE OF NEW YORK.
  S  12.  The  environmental conservation law is amended by adding a new
section 23-0509 to read as follows:
S 23-0509. PROHIBITION ON WASTE STORAGE PITS OR IMPOUNDMENTS.
  PITS AND OTHER IMPOUNDMENTS, WHETHER OR NOT LINED, SHALL NOT  BE  USED
FOR ON-SITE OR OFF-SITE COLLECTION OR STORAGE OF ANY OIL OR GAS EXPLORA-
TION,  STIMULATION,  OR  PRODUCTION WASTES, INCLUDING BUT NOT LIMITED TO
DRILLING FLUIDS AND CUTTINGS, HYDRAULIC  FRACTURING  FLOWBACK,  PRODUCED
WATER,  AND RESIDUAL SLUDGES OR BRINES REMAINING AFTER ON-SITE TREATMENT
OF OIL OR GAS WASTES FOR REUSE OR RECYCLING. ALL OIL OR GAS EXPLORATION,
STIMULATION, OR PRODUCTION WASTES SHALL  BE  COLLECTED  AND  STORED  AND
RETRIEVABLE  AT  ALL  TIMES IN CLOSED-LOOP SYSTEMS. THE DEPARTMENT SHALL
PROMULGATE MINIMUM STANDARDS FOR CLOSED-LOOP SYSTEMS  FOR  OIL  AND  GAS
WASTE COLLECTION, STORAGE, AND RETRIEVAL.
  S  13.  Section  23-1903  of  the  environmental  conservation law, as
amended by section 1 of part R-1 of chapter 62 of the laws of  2003,  is
amended to read as follows:
S 23-1903. Imposition  of  oil,  gas  and solution mining regulation and
             reclamation fees.
  1. When a permit is granted to a person by the department pursuant  to
section  23-0305  of  this  article  to  drill  a  well or when a person
converts a well to one subject to the oil, gas and solution mining  law,
such person shall pay to the department:
  a.  A one hundred dollar fee to be credited to the oil and gas account
established under chapter fifty-eight of the laws  of  nineteen  hundred
eighty-two; and
  b.  A  fee in accordance with the depth AND LENGTH drilled or expected
to be drilled as set forth below:
     0-  500ft. - [$  190] $ 250
   501- 1000ft. - [$  380] $ 500
  1001- 1500ft. - [$  570] $ 750
  1501- 2000ft. - [$  760] $1000
  2001- 2500ft. - [$  950] $1250

A. 11347                           14

  2501- 3000ft. - [$1,140] $1500
  3001- 3500ft. - [$1,330] $1750
  3501- 4000ft. - [$1,520] $2000
  4001- 4500ft. - [$1,710] $2250
  4501- 5000ft. - [$1,900] $2500
  5001- 5500ft. - [$2,090] $2750
  5501- 6000ft. - [$2,280] $3000
  6001- 6500ft. - [$2,470] $3250
  6501- 7000ft. - [$2,660] $3500
  7001- 7500ft. - [$2,850] $3750
  7501- 8000ft. - [$3,040] $4000
  8001- 8500ft. - [$3,230] $4250
  8501- 9000ft. - [$3,420] $4500
  9001- 9500ft. - [$3,610] $4750
  9501-10,000ft.- [$3,800] $5000
  over 10,000ft.- [$3,800]  $5000  plus [$190] $250 for each incremental
500 feet of depth OR LENGTH over 10,000 feet.
  A person who has paid the fees described shall not be required to  pay
any  additional  fee  for a well conversion.  The fee for well deepening
permits pertaining to wells for which a well drilling permit was  issued
after  August twenty-fifth, nineteen hundred eighty-one, shall be calcu-
lated on the basis of the additional depth OR LENGTH drilled.
  In the event the actual depth drilled exceeds the depth expected to be
drilled, an additional amount shall be paid such that the total fee paid
shall be in accordance with the schedule set forth in this paragraph.
  2. THE DEPARTMENT SHALL REVIEW THE FEE SCHEDULES  SET  FORTH  IN  THIS
SECTION  PRIOR  TO  SEPTEMBER  FIRST  OF  EACH YEAR. THE FIGURES WILL BE
ADJUSTED UP OR DOWN ANNUALLY BY  THE  PREVIOUS  TWELVE  MONTH  INFLATION
FACTOR.  THE INFLATION FACTOR IS BASED UPON THE UNITED STATES DEPARTMENT
OF LABOR, BUREAU OF LABOR STATISTICS DATA PUBLISHED IN THE  MONTHLY  CPI
DETAILED  REPORT.  THE  DATA  WILL  BE TAKEN FROM THE MOST RECENT REPORT
AVAILABLE ON JULY FIRST OF EACH YEAR AND THE ACTUAL PERCENTAGE USED WILL
BE THE PAST YEAR PERCENT CHANGE FOR THE U.S. CITY  AVERAGE,  ALL  ITEMS,
ALL URBAN CONSUMERS.
  3.  Upon  requesting  from  the department any determination under the
Natural Gas Policy Act, such person shall  pay  a  [fifty]  ONE  HUNDRED
dollar fee per well for each such determination.
  S  14.  Article 23 of the environmental conservation law is amended by
adding a new title 29 to read as follows:
                                TITLE 29
                              CITIZEN SUITS
SECTION 23-2901. ACTIONS TO ENFORCE LAWS  ON  POLLUTION,  IMPAIRMENT  OR
                   DESTRUCTION  OF  ENVIRONMENT,  OR TO PROTECT ENVIRON-
                   MENT; DISMISSAL OF FRIVOLOUS ACTIONS.
S 23-2901. ACTIONS  TO  ENFORCE  LAWS  ON   POLLUTION,   IMPAIRMENT   OR
              DESTRUCTION  OF  ENVIRONMENT,  OR  TO PROTECT ENVIRONMENT;
              DISMISSAL OF FRIVOLOUS ACTIONS.
  1. ANY PERSON MAY COMMENCE A CIVIL ACTION  IN  A  COURT  OF  COMPETENT
JURISDICTION  AGAINST ANY OTHER PERSON ALLEGED TO BE IN VIOLATION OF ANY
STATUTE, REGULATION OR ORDINANCE WHICH IS DESIGNED TO PREVENT,  MINIMIZE
OR  CONTROL POLLUTION, IMPAIRMENT OR DESTRUCTION OF THE ENVIRONMENT. THE
ACTION MAY BE FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF TO COMPEL COMPLI-
ANCE WITH A STATUTE, REGULATION OR ORDINANCE, OR TO ASSESS CIVIL  PENAL-
TIES  FOR  THE VIOLATION AS PROVIDED BY LAW. THE ACTION MAY BE COMMENCED
UPON AN ALLEGATION THAT A PERSON IS IN VIOLATION, EITHER CONTINUOUSLY OR

A. 11347                           15

INTERMITTENTLY, OF A STATUTE, REGULATION OR ORDINANCE, AND THAT THERE IS
A LIKELIHOOD THAT THE VIOLATION WILL RECUR IN THE FUTURE.
  2.  EXCEPT  IN THOSE INSTANCES WHERE THE CONDUCT COMPLAINED OF CONSTI-
TUTES A VIOLATION OF A STATUTE, REGULATION  OR  ORDINANCE  WHICH  ESTAB-
LISHES A MORE SPECIFIC STANDARD FOR THE CONTROL OF POLLUTION, IMPAIRMENT
OR  DESTRUCTION  OF  THE  ENVIRONMENT,  ANY  PERSON MAY COMMENCE A CIVIL
ACTION IN ANY COURT OF COMPETENT JURISDICTION FOR DECLARATORY AND  EQUI-
TABLE RELIEF AGAINST ANY OTHER PERSON FOR THE PROTECTION OF THE ENVIRON-
MENT,  OR THE INTEREST OF THE PUBLIC THEREIN, FROM POLLUTION, IMPAIRMENT
OR DESTRUCTION OCCURRING IN VIOLATION, EITHER CONTINUOUSLY OR  INTERMIT-
TENTLY, OF THIS ARTICLE.
  3.  THE  COURT  MAY, ON THE MOTION OF ANY PARTY, OR ON ITS OWN MOTION,
DISMISS ANY ACTION BROUGHT PURSUANT  TO  THIS  ACT  WHICH  ON  ITS  FACE
APPEARS TO BE PATENTLY FRIVOLOUS, HARASSING OR WHOLLY LACKING IN MERIT.
  S  15.  Article 23 of the environmental conservation law is amended by
adding a new title 31 to read as follows:
                                TITLE 31
                        HEALTH IMPACT ASSESSMENT
SECTION 23-3101. PREPARATION OF HEALTH IMPACT ASSESSMENT.
S 23-3101. PREPARATION OF HEALTH IMPACT ASSESSMENT.
  1. NO PERMIT SHALL BE ISSUED UNDER SECTION  23-0501  OF  THIS  ARTICLE
UNTIL  THE  DEPARTMENT OF HEALTH HAS COMPLETED THE HEALTH IMPACT ASSESS-
MENT DESCRIBED IN SUBDIVISION TWO OF THIS SECTION AND THE DEPARTMENT HAS
ADOPTED REGULATIONS AND IMPLEMENTED ANY MITIGATION MEASURES  RECOMMENDED
IN  THE HEALTH IMPACT ASSESSMENT. THE PURPOSE OF A HEALTH IMPACT ASSESS-
MENT IS TO PROVIDE DETAILED INFORMATION ABOUT THE  EFFECT  OIL  AND  GAS
OPERATIONS  ARE  LIKELY  TO  HAVE ON PUBLIC HEALTH, TO IDENTIFY MEASURES
THAT COULD BE IMPLEMENTED TO MINIMIZE ANY ADVERSE EFFECTS OF SUCH  OPER-
ATIONS,  AND TO SUGGEST ALTERNATIVES TO SUCH AN ACTION SO AS TO FORM THE
BASIS FOR A DECISION WHETHER OR NOT TO UNDERTAKE OR APPROVE SUCH  ACTIV-
ITIES.
  2.  THE DEPARTMENT OF HEALTH SHALL PREPARE, OR CAUSE TO BE PREPARED BY
CONTRACT OR OTHERWISE, A COMPREHENSIVE HEALTH IMPACT ASSESSMENT  OF  OIL
AND  GAS  OPERATIONS  INVOLVING ANY SHALE FORMATION, INCLUDING ALL OPER-
ATIONS RELATED AND INCIDENT THERETO, WHICH MAY HAVE AN ADVERSE IMPACT ON
PUBLIC HEALTH.
  A. SUCH AN ASSESSMENT SHALL INCLUDE A DETAILED STATEMENT SETTING FORTH
THE FOLLOWING:
  I. A DESCRIPTION OF THE OPERATIONS;
  II. THE PUBLIC HEALTH IMPACT OF THE OPERATIONS,  INCLUDING  SHORT-TERM
AND LONG-TERM EFFECTS;
  III. WHETHER AN OPERATION OCCURS IN, OR DISPROPORTIONATELY WILL IMPOSE
NEGATIVE HEALTH IMPACTS UPON A POTENTIAL ENVIRONMENTAL JUSTICE AREA, AND
IF SO, THE IDENTITY OF SUCH AREA;
  IV. ANY ADVERSE PUBLIC HEALTH EFFECTS THAT CANNOT BE AVOIDED;
  V.  ALTERNATIVES  TO  THE OIL AND GAS OPERATIONS GENERALLY OR ALTERNA-
TIVES TO ANY ASPECT RELATED  OR  INCIDENT  THERETO  WHICH  MAY  HAVE  AN
ADVERSE IMPACT ON PUBLIC HEALTH;
  VI. MITIGATION MEASURES PROPOSED TO MINIMIZE THE PUBLIC HEALTH IMPACT;
  VII.  ANY  SUCH OTHER INFORMATION CONSISTENT WITH THE PURPOSES OF THIS
ARTICLE AS MAY BE PRESCRIBED IN GUIDELINES ISSUED BY THE COMMISSIONER.
  B. THE DEPARTMENT OF HEALTH SHALL FIRST ISSUE A  DRAFT  HEALTH  IMPACT
ASSESSMENT THAT SATISFIES THE REQUIREMENTS OF PARAGRAPH A OF THIS SUBDI-
VISION.  THE DRAFT SHOULD RESEMBLE IN FORM AND CONTENT THE HEALTH IMPACT
ASSESSMENT TO BE PREPARED AFTER COMMENTS HAVE BEEN RECEIVED AND  CONSID-
ERED.

A. 11347                           16

  3. THE DRAFT ASSESSMENT SHALL BE FILED WITH THE DEPARTMENT.
  A.  THE DEPARTMENT AND THE DEPARTMENT OF HEALTH SHALL SOLICIT COMMENTS
FROM THE PUBLIC AND FEDERAL, STATE, REGIONAL AND LOCAL  AGENCIES  HAVING
AN  INTEREST IN THE ASSESSMENT. THE COMMENT PERIOD SHALL LAST NO SHORTER
THAN NINETY DAYS.
  B. THE DRAFT ASSESSMENT SHALL BE POSTED ON THE DEPARTMENT OF  HEALTH'S
AND THE DEPARTMENT'S WEBSITES.
  4.  AFTER  THE  FILING  OF A DRAFT HEALTH IMPACT ASSESSMENT EITHER THE
DEPARTMENT OF HEALTH OR THE DEPARTMENT SHALL DETERMINE WHETHER OR NOT TO
CONDUCT A PUBLIC HEARING ON THE PUBLIC HEALTH IMPACT OF THE OIL AND  GAS
OPERATIONS.  IF  EITHER AGENCY DETERMINES TO HOLD SUCH HEARING, IT SHALL
COMMENCE THE HEARING WITHIN SIXTY DAYS OF THE FILING UNLESS THE PROPOSED
ACTION IS WITHDRAWN FROM CONSIDERATION.
  5. IF NO HEARING IS HELD, THE AGENCY SHALL PREPARE AND MAKE  AVAILABLE
THE  FINAL  HEALTH IMPACT ASSESSMENT. THE FINAL ASSESSMENT SHALL INCLUDE
COPIES OR A SUMMARY OF THE SUBSTANTIVE COMMENTS RECEIVED BY  THE  AGENCY
PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, AND THE AGENCY RESPONSE TO
SUCH COMMENTS.
  6.  THE  HEALTH IMPACT ASSESSMENT TOGETHER WITH ALL COMMENTS, SHALL BE
FILED WITH THE COMMISSIONER, MADE AVAILABLE TO THE PUBLIC, AND POSTED ON
A PUBLICLY-AVAILABLE INTERNET WEBSITE UPON ISSUANCE.
  7. WHEN AN AGENCY DECIDES TO CARRY OUT OR APPROVE AN ACTION WHICH  HAS
BEEN  THE  SUBJECT  OF  THIS  HEALTH IMPACT ASSESSMENT, IT SHALL MAKE AN
EXPLICIT FINDING THAT THE REQUIREMENTS OF THIS SECTION HAVE BEEN MET AND
THAT TO THE MAXIMUM EXTENT PRACTICABLE, ADVERSE  PUBLIC  HEALTH  IMPACTS
REVEALED  IN  THE  HEALTH IMPACT ASSESSMENT PROCESS WILL BE MINIMIZED OR
AVOIDED.
  8. WHERE THE DEPARTMENT OF  HEALTH  CONCLUDES  OR  THE  HEALTH  IMPACT
ASSESSMENT  INDICATES  THAT  THE  OIL  AND GAS OPERATIONS, OR OPERATIONS
RELATED OR INCIDENT THERETO, OCCUR IN, OR DISPROPORTIONATELY WILL IMPOSE
NEGATIVE HEALTH IMPACTS UPON A POTENTIAL ENVIRONMENTAL JUSTICE AREA, THE
DEPARTMENT OF HEALTH SHALL REQUIRE A SITE SPECIFIC HEALTH IMPACT ASSESS-
MENT. THAT ASSESSMENT SHALL CONFORM TO THE  REQUIREMENTS  SET  FORTH  IN
SUBDIVISION TWO OF THIS SECTION, AND THE DEPARTMENT OF HEALTH SHALL MAKE
REGULATIONS SPECIFYING ADDITIONAL REQUIREMENTS WHICH SHALL APPLY TO SITE
SPECIFIC ASSESSMENTS. NO PERMIT SHALL BE ISSUED UNDER SECTION 23-0501 OF
THIS  ARTICLE  IN  ANY  AREA  SUBJECT  TO  A SITE SPECIFIC HEALTH IMPACT
ASSESSMENT UNTIL THE SITE SPECIFIC HEALTH  IMPACT  ASSESSMENT  HAS  BEEN
COMPLETED  AND  THE  MITIGATION  MEASURES  SUGGESTED  THEREIN  HAVE BEEN
ADOPTED. THE DEPARTMENT OF HEALTH MAY REQUIRE  A  SITE  SPECIFIC  HEALTH
IMPACT ASSESSMENTS IN ANY OTHER CIRCUMSTANCES IT DEEMS ADVISABLE.
  S  16.  Article 23 of the environmental conservation law is amended by
adding a new title 33 to read as follows:
                                TITLE 33
                         AIR QUALITY MONITORING
SECTION 23-3301. AIR QUALITY MONITORING.
S 23-3301. AIR QUALITY MONITORING.
  WITHIN SIX MONTHS OF THE ENACTMENT  OF  THIS  SECTION  THE  DEPARTMENT
SHALL:
  1.  PREPARE  A  DRAFT  AIR QUALITY TESTING AND MONITORING PLAN FOR ALL
AREAS OF CURRENT OR POTENTIAL OIL AND GAS OPERATIONS IN NEW YORK  STATE.
THE  DRAFT  PLAN  SHALL  BE  SUBJECT TO PUBLIC REVIEW, INCLUDING BUT NOT
LIMITED TO NOTICE AND A COMMENT PERIOD OF  AT  LEAST  THIRTY  DAYS.  THE
DRAFT AND FINAL PLAN SHALL INCORPORATE THE FOLLOWING MINIMUM PROVISIONS:
  A.  MANDATORY  BASELINE TESTING OF AIR QUALITY AND AIR POLLUTANT EMIS-
SIONS THROUGHOUT THE OIL AND GAS DEVELOPMENT REGION OF NEW  YORK  STATE,

A. 11347                           17

INCLUDING  EMISSIONS  FROM  BOTH MOBILE AND STATIONARY AIR CONTAMINATION
SOURCES INVOLVED IN OIL AND GAS OPERATIONS, AS  DEFINED  IN  SUBDIVISION
FIVE OF SECTION 19-0107 OF THIS CHAPTER;
  B. DEPLOYMENT OF A SUFFICIENT NUMBER OF AIR QUALITY MONITORING DEVICES
WITHIN  THE OIL AND GAS DEVELOPMENT REGION TO ENSURE PROMPT DETECTION OF
ANY VIOLATIONS OF AIR QUALITY STANDARDS;
  C. DELINEATION OF OIL AND GAS DEVELOPMENT SUBREGIONS WITHIN  NEW  YORK
STATE, BASED ON THE AIRSHEDS FOR EACH REGULATED POLLUTANT EMITTED BY OIL
AND  GAS  FACILITIES;  PREPARATION  OF CUMULATIVE IMPACT ANALYSES OF AIR
EMISSIONS IN EACH SUBREGION, INCLUDING EMISSIONS FROM  ALL  NATURAL  GAS
COMPRESSOR  STATIONS; AND DEVELOPMENT OF STANDARDS AND REGULATORY PROCE-
DURES FOR CONTROL OF COMPRESSOR STATION EMISSIONS;
  D. DEVELOPMENT OF PROCEDURES AND A SCHEDULE FOR THE REGULAR MONITORING
AND REPORTING OF AIR QUALITY AND AIR POLLUTANT DENSITY  WITHIN  EACH  OF
THE SUBREGIONS;
  E. MANDATORY POSTING OF SUCH REPORTS ON THE DEPARTMENT'S WEBSITE;
  F.  ESTABLISHMENT  OF  PROCEDURES FOR APPROPRIATE RESPONSES, INCLUDING
EMERGENCY RESPONSES, TO VIOLATIONS OF AIR QUALITY STANDARDS.
  2. IN THE FINAL AIR QUALITY TESTING AND MONITORING PLAN,  THE  DEPART-
MENT  SHALL  RESPOND TO ALL SUBSTANTIVE COMMENTS TIMELY SUBMITTED ON THE
DRAFT PLAN.
  3. NO PERMIT SHALL BE ISSUED UNDER SECTION  23-0501  OF  THIS  ARTICLE
UNTIL  THIRTY  DAYS  AFTER  NOTICE OF THE FINAL PLAN IS PUBLISHED IN THE
ENVIRONMENTAL NOTICE BULLETIN.
  4. NO PERMIT SHALL BE ISSUED UNDER SECTION 23-0501 OF THIS ARTICLE, IF
AIR EMISSIONS FROM THE PERMITTED OPERATION WOULD CAUSE OR CONTRIBUTE  TO
A VIOLATION OF ANY AIR QUALITY STANDARD.
  S 17. Section 27-0903 of the environmental conservation law is amended
by adding a new subdivision 4 to read as follows:
  4.  UNIFORM TREATMENT OF WASTE. NOTWITHSTANDING ANY OTHER LAW OR REGU-
LATION TO THE CONTRARY, ALL WASTE RESULTING FROM THE EXPLORATION, DEVEL-
OPMENT, EXTRACTION OR PRODUCTION OF CRUDE OIL OR NATURAL GAS,  INCLUDING
BUT NOT LIMITED TO DRILLING FLUIDS AND PRODUCED WATERS, SHALL BE CONSID-
ERED  HAZARDOUS  WASTE  UNDER  THE  LAW OF THIS STATE AND SUBJECT TO ALL
PERTINENT GENERATION, TRANSPORTATION, TREATMENT, STORAGE,  AND  DISPOSAL
LAWS  AND  REGULATIONS,  IF SUCH WASTE MEETS THE DEFINITION OF HAZARDOUS
WASTE SET FORTH IN SUBDIVISION THREE OF SECTION 27-0901 OF THIS CHAPTER.
WITHIN SIX MONTHS FROM THE  EFFECTIVE  DATE  OF  THIS  SUBDIVISION,  THE
DEPARTMENT  SHALL  MAKE  ALL  NECESSARY CHANGES TO BRING ITS REGULATIONS
INTO COMPLIANCE WITH THIS SECTION.
  S 18. Section  15-1501  of  the  environmental  conservation  law,  as
amended  by  chapter  233  of  the  laws  of 1979, is amended to read as
follows:
S 15-1501. [New or additional sources of water supply] WATER WITHDRAWAL;
             permit.
  1. Except as otherwise provided in this title, no  person  [or  public
corporation]  who  is  authorized and engaged in, or proposing to engage
in, the [acquisition, conservation, development, use and distribution of
water for potable purposes, for the irrigation  of  agricultural  lands,
for  projects  taken  pursuant  to Article 5-D of the County Law, or for
multi-purpose projects authorized by a general plan adopted and approved
pursuant to title 11 of this article,] OPERATION OF A  WATER  WITHDRAWAL
SYSTEM WITH A CAPACITY OF GREATER THAN OR EQUAL TO THE THRESHOLD VOLUME,
shall  have  any  power to do the following until such person [or public
corporation] has first obtained a permit OR PERMIT MODIFICATION from the
department pursuant to this title:

A. 11347                           18

  a. To [acquire or take] MAKE a water [supply] WITHDRAWAL  FROM  A  NEW
SOURCE  or  an  [additional] INCREASED water [supply] WITHDRAWAL from an
existing [approved] source; [or]
  b. To take or condemn lands for THE PROTECTION OF ANY EXISTING SOURCES
OF  PUBLIC WATER SUPPLY; OR FOR THE DEVELOPMENT OR PROTECTION OF any new
or additional sources of PUBLIC water supply [or for the utilization  of
such supplies]; [or]
  c.  To commence or undertake the construction of any works or projects
in connection with the proposed [plans] WITHDRAWAL; or
  d. [To exercise any franchise hereafter granted to supply water to any
inhabitants of the state; or
  e. To extend its supply or distribution  mains  into  a  municipality,
water  district,  water  supply district, or other civil division of the
state wherein it has not heretofore legally supplied water; or
  f. To construct any extension of its  supply  mains  except  within  a
service area approved by the department after public hearing; or
  g. To extend the boundaries of a water district; or
  h.  To  supply  water in or for use in any other municipality or civil
division of the state which owns and  operates  a  water  supply  system
therein, or in any duly organized water supply or fire district supplied
with  water  by  another person or public corporation] TO MAKE A SIGNIF-
ICANT CHANGE IN THE PRINCIPAL USE OF THE WATER  WITHDRAWAL  SYSTEM  FROM
THAT SPECIFIED IN THE PERMIT, OR PERMIT APPLICATION.
  2.  [A  permit  shall  not be necessary for the extension of supply or
distributing mains or pipes of a municipal water supply plant  into  and
for the purpose of supplying water in any territory within the limits of
the  municipality  owning  such plant, including territory which has not
been heretofore supplied with water by such plant, nor  for  the  recon-
struction  or  replacement  of existing facilities in connection with an
existing plant wherein the capacity of the plant is in no way increased,
nor for the construction of filtration  or  other  treatment  facilities
which will not in any way increase the amount of water which can be made
available  from  the  present  sources  of supply. A permit shall not be
necessary for the extension of supply or distributing mains or pipes  of
a  county water authority into and for the purpose of supplying water in
any territory assigned to such county water authority within the  limits
of  the  county but excluding territory specifically assigned to private
or other municipal water companies by the department which has not  been
heretofore  supplied  with water by such county water authority, nor for
the reconstruction or replacement of existing facilities  in  connection
with  an  existing  plant wherein the capacity of the plant is in no way
increased, nor for the construction of  filtration  or  other  treatment
facilities  which will not in any way increase the amount of water which
can be made available from the  present  sources  of  supply,  provided,
however,  that  nothing herein contained shall be held to authorize such
county water authority to enter into competition with, for  the  purpose
of service in the area served by the mains, the transmission or distrib-
ution mains of any other water works system, either publicly or private-
ly  owned,  already  legally  established in said county for the sale of
water at wholesale or retail, or which hereafter may legally  be  estab-
lished  for  said  purpose;  or  to  sell water to any other water works
system, either publicly or privately owned, and not now served  by  said
county  authority]  ALL  PERSONS  REQUIRED TO OBTAIN A PERMIT UNDER THIS
SECTION SHALL SUBMIT ANNUALLY TO THE  DEPARTMENT  A  FEE  IN  AN  AMOUNT
PRESCRIBED  IN  TITLE  EIGHT  OF  ARTICLE  SEVENTY-TWO  OF THIS CHAPTER;
PROVIDED, HOWEVER, THAT NO PERSON SHALL BE  REQUIRED  TO  PAY  SUCH  FEE

A. 11347                           19

UNTIL  THE  DEPARTMENT  PROMULGATES  REGULATIONS PURSUANT TO SUBDIVISION
FIVE OF THIS SECTION.
  3.  UNTIL  THE DEPARTMENT PROMULGATES REGULATIONS PURSUANT TO SUBDIVI-
SION FIVE OF THIS SECTION, NOTHING CONTAINED IN SUBDIVISION ONE OF  THIS
SECTION  CONCERNING  PERMITS  FROM THE DEPARTMENT SHALL BE APPLICABLE TO
WATER WITHDRAWALS OTHER THAN FOR A PUBLIC WATER SUPPLY SYSTEM. UNTIL AND
UNLESS OTHERWISE PROVIDED BY SUCH REGULATIONS, ALL  VALID  PUBLIC  WATER
SUPPLY PERMITS ISSUED BY THE DEPARTMENT OR ITS PREDECESSORS SHALL REMAIN
IN  FULL  FORCE  AND  EFFECT  AND  SHALL BE DEEMED TO SATISFY THE PERMIT
REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION FOR EXISTING WATER WITH-
DRAWALS FROM A SOURCE AND IN AN AMOUNT AUTHORIZED BY THE PERMIT.
  4. Nothing CONTAINED  in  this  [section  provided]  TITLE  CONCERNING
PERMITS  FROM  THE  DEPARTMENT  FOR WATER WITHDRAWALS shall be deemed to
nullify the requirements of [Regulation 2, Chapter V] SECTION 5-1.22  of
the  State  Sanitary  Code, as in effect on [January 1, 1960, that plans
for a new water treatment plant for the treatment of an existing  public
water supply or for any addition to or modification of an existing water
treatment  plant,  or  for  any  addition to or modification of a public
water supply system which will or may affect the quality of  the  public
water  supply, shall be submitted to and approved by the Commissioner of
Health, which regulation has no  application  to  a  new  or  additional
source  or sources of public water supply of a permanent character which
require a permit from the Department of Environmental Conservation under
the provisions of this article] APRIL 25, 2001, AS AMENDED FROM TIME  TO
TIME.    NO SUPPLIER OF WATER SHALL MAKE, INSTALL OR CONSTRUCT, OR ALLOW
TO BE MADE, INSTALLED OR CONSTRUCTED, A PUBLIC WATER  SUPPLY  SYSTEM  OR
ANY  ADDITION  OR  DELETION  TO OR MODIFICATION OF A PUBLIC WATER SUPPLY
SYSTEM UNTIL THE PLANS AND SPECIFICATIONS THEREFOR HAVE  BEEN  SUBMITTED
TO AND APPROVED BY THE COMMISSIONER OF HEALTH OR HIS OR HER DESIGNEE.
  5.  THE DEPARTMENT SHALL PROMULGATE REGULATIONS TO IMPLEMENT A PERMIT-
TING PROGRAM FOR WATER WITHDRAWALS EQUAL TO OR GREATER THAN THE  THRESH-
OLD  VOLUME CONSISTENT WITH THE REQUIREMENTS OF THIS SECTION. SUCH REGU-
LATIONS WILL INCLUDE BUT ARE NOT LIMITED TO: (A) MINIMUM  STANDARDS  FOR
CONSTRUCTION  AND  OPERATION  OF WATER WITHDRAWAL SYSTEMS, (B) REPORTING
AND RECORDKEEPING REQUIREMENTS, (C) REQUIREMENTS FOR PERSONS WHO OWN  OR
OPERATE  PUBLIC WATER SUPPLY SYSTEMS TO ENSURE SAFE AND RELIABLE SERVICE
TO USERS AND POTENTIAL USERS OF SUCH SYSTEMS, (D) PROTECTIONS FOR  PRES-
ENT  AND  FUTURE  NEEDS FOR SOURCES OF POTABLE WATER SUPPLY, AND (E) ANY
OTHER CONDITIONS,  LIMITATIONS  AND  RESTRICTIONS  THAT  THE  DEPARTMENT
DETERMINES  ARE  NECESSARY  TO  PROTECT  THE  ENVIRONMENT AND THE PUBLIC
HEALTH, SAFETY AND WELFARE AND TO ENSURE THE PROPER  MANAGEMENT  OF  THE
WATERS OF THE STATE.
  6.  THE DEPARTMENT SHALL ESTABLISH A WATER CONSERVATION AND EFFICIENCY
PROGRAM WITH THE GOALS OF (A) ENSURING IMPROVEMENT  OF  THE  WATERS  AND
WATER  DEPENDENT  NATURAL  RESOURCES,  (B)  PROTECTING AND RESTORING THE
HYDROLOGIC AND ECOSYSTEM INTEGRITY OF WATERSHEDS THROUGHOUT  THE  STATE,
(C)  RETAINING  THE  QUANTITY  OF  SURFACE  WATER AND GROUNDWATER IN THE
STATE, (D) ENSURING SUSTAINABLE USE OF STATE WATERS, AND  (E)  PROMOTING
THE EFFICIENCY OF USE AND REDUCING LOSSES AND WASTE OF WATER.
  7.  THE  DEPARTMENT IS AUTHORIZED TO CONSOLIDATE EXISTING WATER SUPPLY
PERMITS FOR A PUBLIC WATER  SUPPLY  SYSTEM  INTO  ONE  PERMIT,  AND  MAY
REQUIRE  SUBMISSION  OF AN APPLICATION FOR SUCH PERMIT WHERE THE DEPART-
MENT DETERMINES THAT SUCH ACTIONS ARE NECESSARY TO PROTECT THE  ENVIRON-
MENT  AND THE PUBLIC HEALTH, SAFETY AND WELFARE AND TO ENSURE THE PROPER
MANAGEMENT OF THE WATERS OF THE STATE.

A. 11347                           20

  8. EACH PERSON WHO IS REQUIRED UNDER THIS SECTION  TO  HOLD  A  PERMIT
SHALL  ANNUALLY,  ON  A  FORM  PRESCRIBED  BY THE DEPARTMENT, REPORT ALL
INFORMATION REQUESTED BY THE DEPARTMENT, INCLUDING BUT  NOT  LIMITED  TO
WATER  CONSERVATION PRACTICES AND MEASURES UNDERTAKEN DURING THE REPORT-
ING  PERIOD.  SUCH  INFORMATION  SHALL  BE  POSTED  TO  THE DEPARTMENT'S
WEBSITE.
  9. THE FOLLOWING WATER WITHDRAWALS ARE EXEMPT FROM THE PERMIT REQUIRE-
MENTS ESTABLISHED  BY  THIS  SECTION:  (A)  WITHDRAWALS  USED  FOR  FIRE
SUPPRESSION OR PUBLIC EMERGENCY PURPOSES, (B) WITHDRAWALS SUBJECT TO THE
PERMITTING  REQUIREMENTS OF A COMPACT BASIN COMMISSION WHICH ADMINISTERS
A PERMITTING PROGRAM GOVERNING SUCH WATER WITHDRAWALS, (C) CLOSED  LOOP,
STANDING  COLUMN,  OR  SIMILAR NON-EXTRACTIVE GEOTHERMAL HEAT PUMPS; AND
(D) WITHDRAWALS FOR WHICH A PERMIT  HAS  BEEN  ISSUED  PURSUANT  TO  THE
REQUIREMENTS OF SECTION 15-1527 OF THIS TITLE.
  10.  NOTHING  IN  THIS  CHAPTER SHALL RELIEVE AN APPLICANT FOR A WATER
WITHDRAWAL PERMIT FROM FULL COMPLIANCE WITH THE PROVISIONS OF ARTICLE  8
OF THIS CHAPTER, RELATING TO ENVIRONMENTAL QUALITY REVIEW.
  S 19. Section 15-1502 of the environmental conservation law is amended
by  adding  nine  new subdivisions 7, 8, 9, 10, 11, 12, 13, 14 and 15 to
read as follows:
  7. "COMPACT BASIN COMMISSION"  SHALL  MEAN  AN  INTERSTATE  COMMISSION
HAVING  JURISDICTION  WITH  RESPECT TO THE REGULATION OF WATER RESOURCES
WITHIN A BASIN IN THE STATE, CREATED BY INTERSTATE  COMPACT  OR  FEDERAL
INTERSTATE  COMPACT, INCLUDING BUT NOT LIMITED TO, THE SUSQUEHANNA RIVER
BASIN COMMISSION AND THE DELAWARE RIVER BASIN COMMISSION.
  8. "INTERBASIN DIVERSION" SHALL MEAN  THE  WITHDRAWAL,  DIVERSION,  OR
PUMPING  OF  SURFACE  WATER  FROM  ONE SUBREGIONAL DRAINAGE BASIN OR THE
WITHDRAWAL OF GROUNDWATER FROM A POINT LOCATED  WITHIN  OR  BENEATH  ONE
SUBREGIONAL  DRAINAGE  BASIN AND RELEASE OF ALL OR ANY PART OF THE WATER
IN ANOTHER SUBREGIONAL DRAINAGE BASIN. A SUBREGIONAL DRAINAGE  BASIN  IS
DEFINED  BY  THE  FOUR  DIGIT  HYDROLOGIC UNIT CODE OF THE UNITED STATES
GEOLOGICAL SURVEY.
  9. "PERSON" SHALL MEAN ANY INDIVIDUAL, PUBLIC OR PRIVATE  CORPORATION,
POLITICAL  SUBDIVISION,  GOVERNMENT  AGENCY, DEPARTMENT OR BUREAU OF THE
STATE, MUNICIPALITY, INDUSTRY, CO-PARTNERSHIP, ASSOCIATION, FIRM, TRUST,
ESTATE OR ANY OTHER LEGAL ENTITY WHATSOEVER.
  10. "POTABLE" SHALL MEAN WATER INTENDED  FOR  HUMAN  CONSUMPTION  THAT
MEETS THE REQUIREMENTS ESTABLISHED BY 10 NYCRR 5-1.
  11.  "PUBLIC  WATER  SUPPLY SYSTEM" SHALL MEAN A PERMANENTLY INSTALLED
WATER WITHDRAWAL  SYSTEM  INCLUDING  ITS  SOURCE,  COLLECTION,  PUMPING,
TREATMENT,  TRANSMISSION,  STORAGE  AND  DISTRIBUTION FACILITIES USED IN
CONNECTION WITH SUCH SYSTEM, WHICH PROVIDES PIPED WATER  TO  THE  PUBLIC
FOR  POTABLE  PURPOSES,  IF  SUCH  SYSTEM  HAS  AT  LEAST  FIVE  SERVICE
CONNECTIONS USED BY YEAR-ROUND RESIDENTS.
  12. "THRESHOLD VOLUME" SHALL MEAN THE WITHDRAWAL OF WATER OF A  VOLUME
OF  FIFTY  THOUSAND  GALLONS OR MORE PER DAY, DETERMINED BY THE LIMITING
MAXIMUM CAPACITY OF  THE  WATER  WITHDRAWAL,  TREATMENT,  OR  CONVEYANCE
SYSTEM.
  13.  "ENVIRONMENTALLY  SOUND AND ECONOMICALLY FEASIBLE WATER CONSERVA-
TION MEASURES" SHALL MEAN THOSE MEASURES, METHODS, TECHNOLOGIES OR PRAC-
TICES FOR EFFICIENT WATER USE AND FOR REDUCTION OF WATER LOSS AND  WASTE
OR  FOR REDUCING A WITHDRAWAL OR DIVERSION THAT: (A) ARE ENVIRONMENTALLY
SOUND, (B) REFLECT BEST PRACTICES APPLICABLE TO THE  WATER  USE  SECTOR,
(C)  CONSIDER  THE  PARTICULAR FACILITIES AND PROCESSES INVOLVED, TAKING
INTO ACCOUNT THE ENVIRONMENTAL IMPACT, AGE OF EQUIPMENT  AND  FACILITIES
INVOLVED,  THE  PROCESSES EMPLOYED, ENERGY IMPACTS AND OTHER APPROPRIATE

A. 11347                           21

FACTORS, (D) ARE DESIGNED TO  REDUCE  THE  DEMAND  FOR  WATER;  (E)  ARE
DESIGNED  TO IMPROVE EFFICIENCY IN WATER USE; (F) ARE DESIGNED TO REDUCE
LEAKAGE, LOSSES AND WASTE OF WATER; (G) ARE DESIGNED  TO  IMPROVE  REUSE
AND  RECYCLING  OF  WATER;  AND (H) IMPROVE LAND MANAGEMENT PRACTICES TO
CONSERVE WATER OR TO PRESERVE OR INCREASE GROUNDWATER RECHARGE.
  14. "WATER WITHDRAWAL SYSTEM" SHALL  MEAN  A  PHYSICAL  INTERCONNECTED
INFRASTRUCTURE  OPERATED  AND  MAINTAINED  FOR  THE  PROVISION  OF WATER
INCLUDING, BUT NOT LIMITED TO, COLLECTION,  PUMPING,  TREATMENT,  TRANS-
MISSION, STORAGE AND DISTRIBUTION FACILITIES USED IN CONNECTION WITH THE
WITHDRAWAL OF WATER.
  15.  "WITHDRAWAL"  OR  "WITHDRAWAL OF WATER" SHALL MEAN THE REMOVAL OR
TAKING OF WATER FOR ANY PURPOSE FROM THE WATERS OF THE STATE.
  S 20. Section  15-1503  of  the  environmental  conservation  law,  as
amended  by  chapter  364  of  the  laws  of 1988, is amended to read as
follows:
S 15-1503. Permits.
  1. A permit application or request for a permit renewal  or  modifica-
tion  shall be made on [forms provided] A FORM PRESCRIBED by the depart-
ment and shall [be accompanied by] CONTAIN ALL INFORMATION REQUESTED  BY
THE  DEPARTMENT  RELATIVE  TO  THE  WATER WITHDRAWAL, USE AND DISCHARGE,
INCLUDING BUT NOT LIMITED TO:
  A. WITH RESPECT TO A PUBLIC WATER SUPPLY  SYSTEM,  proof  of  adequate
authorization for the proposed project[,];
  B.  such exhibits as may be necessary clearly to indicate the scope of
the proposed project[,];
  C. a map of any lands to be acquired [and];
  D. project plans[. The application shall also indicate];
  E. A STATEMENT OF the need for and the reasons why the proposed source
or sources of supply were selected among the alternative  sources  which
are  or  may become available[,] AND the adequacy of the supply selected
[and the method proposed to determine and provide for the proper compen-
sation for any direct and indirect legal damages to persons or  property
that  will  result  from the acquisition of any lands in connection with
the proposed project or from the execution of the proposed project.  The
application  shall also contain, in accordance with local water resource
needs and conditions,]; AND
  F. a description of the applicant's PROPOSED near term and long  range
water  conservation program THAT COMPLIES WITH ENVIRONMENTALLY SOUND AND
ECONOMICALLY FEASIBLE WATER CONSERVATION MEASURES  AS  DEFINED  IN  THIS
SECTION,  including  implementation [and enforcement] procedures, effec-
tiveness to date and any planned modifications for  the  future.  [Such]
FOR  A  PUBLIC  WATER  SUPPLY SYSTEM, THE WATER CONSERVATION program may
include but [shall] NEED not be limited to:
  [a.] I. the identification of and cost effectiveness  of  distribution
system rehabilitation to correct sources of lost water;
  [b.] II. measures which encourage proper maintenance and water conser-
vation;
  [c.]  III. a public information program to promote water conservation,
including industrial and commercial recycling and reuse;
  [d.] IV. household conservation measures; and
  [e.] V. contingency measures for limiting water use during seasonal or
drought shortages. If the proposed project provides for the use of water
for potable purposes, the application shall also include adequate  proof
of  the  character and purity of the water supply to be acquired or used
and the proposed method of treatment.

A. 11347                           22

  G. ANY POTENTIAL INDIVIDUAL OR CUMULATIVE  ADVERSE  IMPACTS  THAT  MAY
RESULT FROM THE PROPOSED WATER WITHDRAWAL.
  2.  [In  making  its  decision to grant or deny a permit or to grant a
permit with conditions,  the  department  shall  determine  whether  the
proposed  project is justified by the public necessity, whether it takes
proper consideration of other sources of supply that are or  may  become
available,  whether  all  work connected with the project will be proper
and construction safe, whether the  supply  will  be  adequate,  whether
there  will  be proper protection of the supply and watershed or whether
there will be proper treatment of any  additional  supply,  whether  the
project  is  just and equitable to all affected municipalities and their
inhabitants and in particular with regard to their  present  and  future
needs  for  sources of water supply, whether there is provision for fair
and equitable determinations of and payments of any direct and  indirect
legal  damages to persons or property that will result from the acquisi-
tion of any lands in connection with the proposed project  or  from  the
execution  of the proposed project, and whether the applicant has devel-
oped and implemented a water conservation  program  in  accordance  with
local  water resource needs and conditions. If the proposed project is a
multi-purpose project, in whole or in part authorized by a general  plan
adopted  and  approved pursuant to title 11 of this article, the depart-
ment in addition shall determine if the proposed project is in conformi-
ty with the general plan.] IN MAKING ITS DECISION TO  GRANT  OR  DENY  A
PERMIT  OR  TO GRANT A PERMIT WITH CONDITIONS, THE DEPARTMENT SHALL ONLY
ISSUE A PERMIT IF THE PROPOSED WITHDRAWAL MEETS THE FOLLOWING CRITERIA:
  A. THE WITHDRAWAL WILL  BE  IMPLEMENTED  SO  AS  TO  ENSURE  THAT  THE
PROPOSAL  WILL RESULT IN NO SIGNIFICANT INDIVIDUAL OR CUMULATIVE ADVERSE
IMPACTS TO THE QUANTITY OR QUALITY OF THE  WATERS  AND  WATER  DEPENDENT
NATURAL  RESOURCES  AS  DEFINED  IN  SECTION 1.2 OF ARTICLE 1 OF SECTION
21-1001 OF THIS CHAPTER;
  B. THE WITHDRAWAL WILL IMPLEMENT  ENVIRONMENTALLY  SOUND  AND  ECONOM-
ICALLY FEASIBLE WATER CONSERVATION MEASURES;
  C.  THE  WITHDRAWAL, WILL BE IMPLEMENTED SO AS TO ENSURE THAT IT IS IN
COMPLIANCE WITH ALL APPLICABLE MUNICIPAL, STATE AND FEDERAL LAWS AS WELL
AS REGIONAL INTERSTATE AND INTERNATIONAL AGREEMENTS;
  D. THE PROPOSED USE IS REASONABLE, BASED  UPON  CONSIDERATION  OF  THE
FOLLOWING FACTORS:
  I.  WHETHER  THE  PROPOSED  WITHDRAWAL  IS  PLANNED  IN A FASHION THAT
PROVIDES FOR EFFICIENT USE OF THE WATER, AND WILL AVOID OR MINIMIZE  THE
WASTE OF WATER;
  II.  IF THE PROPOSAL IS FOR AN INCREASED WITHDRAWAL, WHETHER EFFICIENT
USE IS MADE OF EXISTING WATER SUPPLIES AND WHETHER THE NEED FOR  ALL  OR
PART  OF THE PROPOSED WITHDRAWAL COULD BE REASONABLY AVOIDED THROUGH THE
EFFICIENT USE AND CONSERVATION OF EXISTING WATER SUPPLIES;
  III. THE PROBABLE DEGREE AND DURATION OF ANY ADVERSE IMPACTS CAUSED OR
EXPECTED TO BE CAUSED  BY  THE  PROPOSED  WITHDRAWAL  UNDER  FORESEEABLE
CONDITIONS, TO OTHER LAWFUL CONSUMPTIVE OR NON-CONSUMPTIVE USES OF WATER
OR  TO  THE  QUANTITY  OR  QUALITY  OF  THE  WATERS  AND WATER DEPENDENT
RESOURCES, AND THE PROPOSED PLANS  AND  ARRANGEMENTS  FOR  AVOIDANCE  OR
MITIGATION OF SUCH IMPACTS;
  E.  THE  PROPOSED WATER WITHDRAWAL TAKES PROPER CONSIDERATION OF OTHER
SOURCES OF SUPPLY THAT ARE OR MAY BECOME AVAILABLE;
  F. THE QUANTITY OF SUPPLY WILL BE ADEQUATE FOR THE PROPOSED USE;
  G. THE PROPOSED WITHDRAWAL WILL NOT ADVERSELY IMPACT  EXISTING  GROUND
OR SURFACE WATER USERS, WILL NOT ADVERSELY IMPACT THE NATURAL REPLENISH-
MENT OF THE WATER RESOURCES, WILL NOT CAUSE OR CONTRIBUTE TO A VIOLATION

A. 11347                           23

OF  STATE  WATER  QUALITY  STANDARDS,  AND WILL NOT ADVERSELY IMPACT THE
RELIABILITY AND SAFE YIELD OF HYDROLOGICALLY INTERCONNECTED WATER SOURC-
ES;
  H.  THE  PROPOSED WITHDRAWAL MAY RESULT IN SIGNIFICANT ADVERSE IMPACTS
TO PROXIMATE MUNICIPALITIES AND THEIR INHABITANTS WITH REGARD  TO  THEIR
PRESENT AND FUTURE NEEDS FOR SOURCES OF POTABLE WATER SUPPLY;
  I. THE NEED FOR ALL OR PART OF THE PROPOSED WATER WITHDRAWAL CANNOT BE
REASONABLY  AVOIDED THROUGH THE EFFICIENT USE AND CONSERVATION OF EXIST-
ING WATER SUPPLIES;
  J. THE PROPOSED WATER WITHDRAWAL IS LIMITED  TO  QUANTITIES  THAT  ARE
CONSIDERED  REASONABLE  FOR  THE  PURPOSES  FOR  WHICH  THE WATER USE IS
PROPOSED;
  K. THE PROPOSED WATER WITHDRAWAL WILL BE IMPLEMENTED IN A MANNER  THAT
INCORPORATES  ENVIRONMENTALLY  SOUND  AND  ECONOMICALLY  FEASIBLE  WATER
CONSERVATION MEASURES AS DEFINED IN THIS SECTION;
  L. THE PROPOSED WATER WITHDRAWAL WILL BE IMPLEMENTED IN A MANNER  THAT
IS  CONSISTENT WITH APPLICABLE MUNICIPAL, STATE AND FEDERAL LAWS AS WELL
AS REGIONAL INTERSTATE AND INTERNATIONAL AGREEMENTS;
  M. THE WITHDRAWAL IS CONSISTENT WITH THE  STATE'S  WATER  CONSERVATION
GOALS INCLUDING THE FOLLOWING:
  I. APPLICATION OF BEST MANAGEMENT PRACTICES TO DETECT AND REPAIR WATER
LEAKS;
  II. IDENTIFICATION AND INSTALLATION OF STATE-OF-THE-ART WATER-CONSERV-
ING FIXTURES;
  III.  EMPLOYEE TRAINING REGARDING APPROPRIATE WATER CONSERVATION TECH-
NIQUES;
  IV. PUBLIC EDUCATION REGARDING WATER CONSERVATION IN  CONNECTION  WITH
THE USE OF WATER FOR WHICH THE APPLICANT'S PERMIT IS GRANTED; AND
  V.  OTHER  WATER  CONSERVATION  MEASURES  AND GOALS INCLUDING PRICING,
CONSERVATION MEASURES, DROUGHT PROTECTION MEASURES, AND  LIMITING  UNAC-
COUNTED-FOR WATER;
  N. IF ANY OF THE ABOVE TERMS ARE NOT MET, THE DEPARTMENT SHALL REQUIRE
THE  APPLICANT TO ADJUST THE WATER WITHDRAWAL APPLICATION TO COMPLY WITH
THE REQUIREMENTS OF THIS SUBSECTION. IF THE  APPLICANT  CHOOSES  NOT  TO
ADJUST THE APPLICATION ACCORDINGLY, THE DEPARTMENT SHALL DENY THE APPLI-
CATION;
  O.  FOR  WATER  WITHDRAWAL PROPOSALS WITHIN THE GREAT LAKES BASIN, ALL
WATER WITHDRAWN WITHIN THE GREAT LAKES BASIN SHALL BE  RETURNED,  EITHER
NATURALLY  OR  AFTER  USE, TO THE SOURCE WATERSHED LESS AN ALLOWANCE FOR
CONSUMPTIVE USE.
  3. BEFORE DECIDING TO GRANT OR DENY AN APPLICATION FOR A  WATER  WITH-
DRAWAL  PERMIT,  AS  SET  FORTH UNDER THIS CHAPTER, THE DEPARTMENT SHALL
PROVIDE A PUBLIC COMMENT PERIOD ON THE DRAFT  AND  ASSOCIATED  DOCUMENTS
(INCLUDING  BUT  NOT  LIMITED TO THE PERMIT APPLICATION) OF NO LESS THAN
THIRTY DAYS. FURTHER, THE DEPARTMENT SHALL PROVIDE THE OPPORTUNITY FOR A
PUBLIC HEARING, UPON THIRTY DAYS NOTICE,  WHENEVER  IT  DETERMINES  THAT
THERE  MAY  BE  SIGNIFICANT  PUBLIC INTEREST IN THE PROPOSED WATER WITH-
DRAWAL PERMIT.
  [3.] 4. In order to assist the development of local water conservation
plans FOR PUBLIC WATER SUPPLY SYSTEMS, the  department  shall[,  by  the
effective  date of this subdivision,] CONTINUE TO publish and distribute
a [model local water conservation plan] WATER CONSERVATION  MANUAL  that
includes  beneficial  near term and long range water conservation proce-
dures which reflect local water resource needs  and  conditions.    Such
plan shall include examples of:

A. 11347                           24

  a.  methods  of  identifying and determining the cost effectiveness of
distribution system rehabilitation to correct sources of lost water;
  b. measures which encourage proper maintenance and water conservation;
  c. a public information program to promote water conservation, includ-
ing industrial and commercial recycling and reuse;
  d. household conservation measures; and
  e.  contingency  measures  for  limiting  water use during seasonal or
drought shortages.
  [4.] 5. The department may grant or deny a permit or  grant  a  permit
with such conditions as may be necessary to provide satisfactory compli-
ance  by  the  applicant with the matters subject to department determi-
nation pursuant to subdivision 2 of this section, or to bring into coop-
eration all persons or public corporations that may be affected  by  the
project,  but it shall make a reasonable effort to meet the needs of the
applicant, with due regard to the actual or prospective needs, interests
and rights of others that may be affected by the project.
  [5.] 6. The rules and regulations adopted by the department to  imple-
ment  this  title  and  the provisions of article 70 of this chapter and
rules and regulations adopted thereunder shall  govern  permit  applica-
tions,  renewals,  modifications, suspensions and revocations under this
title.
  7. A NEW PERMIT FOR A WATER WITHDRAWAL SYSTEM SHALL  BE  VALID  FOR  A
PERIOD  OF TIME NOT TO EXCEED FIVE YEARS FROM THE DATE OF ISSUANCE, UPON
WHICH TIME A REQUEST FOR A RENEWAL MUST BE FILED WITH THE DEPARTMENT.  A
RENEWAL  SHALL BE VALID FOR A PERIOD OF TIME SPECIFIED BY THE DEPARTMENT
NOT TO EXCEED FIVE YEARS. A PERMIT APPLICATION MUST BE  FILED  WITH  THE
DEPARTMENT  UPON  ANY  TRANSFER  OR CHANGE OF OWNERSHIP OF A WATER WITH-
DRAWAL SYSTEM.
  8. ALL HOLDERS OF WATER WITHDRAWAL PERMITS ISSUED  BY  THE  DEPARTMENT
UNDER  THIS LAW SHALL BE REQUIRED TO CONDUCT CONTINUOUS ON-SITE MONITOR-
ING OF WATER WITHDRAWAL VOLUMES USING MONITORING SYSTEMS APPROVED BY THE
DEPARTMENT. SUCH RECORDS SHALL BE MADE AVAILABLE TO  THE  DEPARTMENT  OR
THE PUBLIC UPON REQUEST.
  S  21.  Section  15-1505  of  the  environmental  conservation law, as
amended by chapter 233 of the laws  of  1979,  is  amended  to  read  as
follows:
S 15-1505. [Water]  INTERBASIN  DIVERSIONS  AND  WATER  supply  to other
             states.
  1. No person or public corporation shall transport  or  carry  through
pipes,  conduits,  ditches or canals the waters of any fresh water lake,
pond, brook, river, stream, or creek in this state or any well,  subsur-
face  or  percolating  waters of this state into any other state for use
therein without first obtaining a permit from the department pursuant to
this title.
  2. NO PERSON MAY MAKE A NEW OR INCREASED INTERBASIN DIVERSION OF WATER
WHICH RESULTS IN A DIVERSION IN EXCESS OF ONE MILLION GALLONS PER DAY AS
DETERMINED BY THE LIMITING MAXIMUM CAPACITY OF THE TREATMENT OR  CONVEY-
ANCE  SYSTEM,  OR CONSTRUCT FACILITIES OR EQUIPMENT THEREFOR, UNTIL SUCH
PERSON HAS REGISTERED SUCH DIVERSION WITH THE DEPARTMENT. NO LATER  THAN
ONE  YEAR  FROM  THE  EFFECTIVE  DATE  OF THIS SUBDIVISION, ALL EXISTING
INTERBASIN DIVERSIONS OF WATER IN EXCESS OF ONE MILLION GALLONS PER  DAY
SHALL BE REGISTERED WITH THE DEPARTMENT.
  3.  THE  DEPARTMENT IS AUTHORIZED TO ASSESS AN ANNUAL REGISTRATION FEE
OF TWO HUNDRED DOLLARS FOR ALL PERSONS REQUIRED TO REGISTER AN  INTERBA-
SIN  DIVERSION.  SUCH  FEE  SHALL BE PAID AT THE TIME OF REGISTRATION OR
REGISTRATION RENEWAL. ALL FEES COLLECTED PURSUANT TO THIS SECTION  SHALL

A. 11347                           25

BE  PAID INTO THE ENVIRONMENTAL CONSERVATION SPECIAL REVENUE FUND TO THE
CREDIT OF THE ENVIRONMENTAL REGULATORY  ACCOUNT.  THE  REGISTRATION  FEE
SHALL  NOT  BE  APPLICABLE TO AN INTERBASIN DIVERSION WHICH IS PART OF A
WATER  WITHDRAWAL  SYSTEM  FOR  WHICH THE DEPARTMENT HAS ISSUED A PERMIT
UNDER THIS TITLE. REGISTRATION SHALL BE RENEWED EVERY YEAR  OR  WHENEVER
TITLE  TO  THE FACILITIES WHICH CREATE AN INTERBASIN DIVERSION IS TRANS-
FERRED, WHICHEVER OCCURS FIRST. REGISTRATION  SHALL  BE  MADE  ON  FORMS
PRESCRIBED BY THE DEPARTMENT AND SHALL CONTAIN ALL INFORMATION REQUESTED
BY  THE  DEPARTMENT RELATIVE TO THE WATER WITHDRAWAL, USE AND DISCHARGE.
EACH PERSON WHO IS REQUIRED UNDER THIS SECTION TO  HOLD  A  REGISTRATION
SHALL  ANNUALLY,  ON  A  FORM  PRESCRIBED  BY THE DEPARTMENT, REPORT ALL
INFORMATION REQUESTED BY THE DEPARTMENT, INCLUDING THE AMOUNT  OF  WATER
DIVERTED.  SUCH INFORMATION SHALL BE POSTED ON THE DEPARTMENT'S WEBSITE.
  4. NO PERSON SHALL BE AUTHORIZED TO MAKE A NEW OR INCREASED INTERBASIN
DIVERSION  WHICH  RESULTS  IN  A SIGNIFICANT ADVERSE IMPACT ON THE WATER
QUANTITY OF THE SOURCE SUBREGIONAL DRAINAGE BASIN.
  5. AN INTERBASIN DIVERSION WILL ONLY BE PERMITTED AND  IMPLEMENTED  SO
AS  TO  ENSURE  THAT  IT IS IN COMPLIANCE WITH ALL APPLICABLE MUNICIPAL,
STATE, AND FEDERAL LAWS AS WELL AS REGIONAL INTERSTATE AND INTERNATIONAL
AGREEMENTS. IN THE GREAT LAKES  BASIN  ALL  INTERBASIN  DIVERSIONS  WILL
COMPLY  WITH  THE GREAT LAKES - ST. LAWRENCE RIVER BASIN WATER RESOURCES
COMPACT.
  S 22. Section  15-1521  of  the  environmental  conservation  law,  as
amended  by  chapter  233  of  the  laws  of 1979, is amended to read as
follows:
S 15-1521. Supply of water to other public water supply systems.
  On any application for a new or additional WITHDRAWAL OF WATER  FOR  A
PUBLIC  water  supply  [or  source  of water supply], the department may
require or authorize [any] THE applicant  to  make  provisions  for  the
supply  and  to  supply  PUBLIC  water to any area of the state which as
determined by the department in its decision on that application proper-
ly should be supplied with PUBLIC water from the source  or  sources  of
water  supply  sought  by  the  applicant.  The owner or operator of any
existing or proposed [water works] PUBLIC  WATER  SUPPLY  system  within
such  area  may  apply to the department for a permit to take water from
that source of water supply or from any part of the PUBLIC water  supply
system  of  the applicant supplied in whole or in part from that source.
If the department so requires, or if it grants a permit, it shall be the
duty of the applicant so to supply water, subject to  such  requirements
as the department may impose. The amount of water so to be taken and the
price  to  be paid therefor may be agreed upon between the applicant and
the taker of the water, or if they cannot  agree,  fair  and  reasonable
amounts  and  rates  shall  be, after due hearings thereon, fixed by the
department, provided however, that such department shall have  no  power
to  fix  rates  in any case where the Public Service Commission has such
power, and provided further, that  nothing  in  this  section  contained
shall  be  construed  as  diminishing  the powers of said Public Service
Commission in respect to rates of water works companies subject  to  its
jurisdiction.  Any such agreement or determination of the department may
from time to time be modified by further agreement between  the  parties
affected thereby or by the further order of the department.
  S 23. Section 15-1529 of the environmental conservation law is amended
to read as follows:
S 15-1529. [Final  approval  of  work] APPROVAL OF COMPLETED WATER WITH-
             DRAWAL SYSTEMS.

A. 11347                           26

  [Before any project authorized to be developed or  carried  out  under
this  title  15  shall  be  operated,  it  must, as completed, have been
approved by the department] THE CONSTRUCTION  OF  ANY  NEW  OR  MODIFIED
WATER  WITHDRAWAL  SYSTEM AUTHORIZED UNDER THIS TITLE SHALL BE UNDER THE
GENERAL  SUPERVISION  OF  A  PERSON OR FIRM LICENSED TO PRACTICE PROFES-
SIONAL ENGINEERING IN THE STATE. UPON COMPLETION OF  CONSTRUCTION,  SUCH
PERSON  OR  FIRM  SHALL CERTIFY TO THE DEPARTMENT AND THE OWNER THAT THE
WATER WITHDRAWAL SYSTEM HAS BEEN FULLY COMPLETED IN ACCORDANCE WITH  THE
APPROVED  ENGINEERING  REPORT,  PLANS AND SPECIFICATIONS, AND THE PERMIT
ISSUED BY THE DEPARTMENT PURSUANT TO THIS TITLE.  THE  OWNER  SHALL  NOT
COMMENCE  OPERATION OF THE NEW OR MODIFIED WATER WITHDRAWAL SYSTEM PRIOR
TO THE DEPARTMENT RECEIVING SUCH CERTIFICATE  AND  BEFORE  APPROVAL,  IF
NECESSARY, BY THE DEPARTMENT OF HEALTH OR ITS DESIGNEE.
  S  24.  The  environmental conservation law is amended by adding a new
section 15-1531 to read as follows:
S 15-1531. REPORTING.
  THE COMMISSIONER SHALL, WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS
SECTION, AND THEREAFTER AS OFTEN AS THE COMMISSIONER DEEMS  APPROPRIATE,
REPORT TO THE GOVERNOR AND THE LEGISLATURE ON THE IMPLEMENTATION OF THIS
TITLE. THE REPORT MAY INCLUDE BUT NEED NOT BE LIMITED TO RECOMMENDATIONS
FOR  MODIFICATIONS TO THIS TITLE, INCLUDING BUT NOT LIMITED TO MODIFICA-
TIONS TO THE THRESHOLD VOLUME PROVIDED  IN  THIS  TITLE  FOR  PARTICULAR
WATER SOURCES, WATERSHEDS, WATER BODIES OR REGIONS, WHERE THE DEPARTMENT
HAS  DETERMINED  THAT  SUCH  WATER  SOURCES, WATERSHEDS, WATER BODIES OR
REGIONS ARE IN NEED OF SPECIAL  PROTECTION  BECAUSE  OF  THE  NATURE  OR
VOLUME  OF  DEMANDS  MADE  UPON  THEM AND A MODIFICATION IS NECESSARY TO
PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE.
  S 25. Title 33 of article 15 of the environmental conservation law  is
REPEALED and a new title 33 is added to read as follows:
                                 TITLE 33
                           WATER USE STANDARDS
SECTION 15-3301. WATER USE STANDARDS.
S 15-3301. WATER USE STANDARDS.
  THE  DEPARTMENT SHALL ADOPT RULES ESTABLISHING WATER USE STANDARDS FOR
MAINTAINING IN-STREAM FLOWS THAT ARE  PROTECTIVE  OF  AQUATIC  LIFE  AND
OTHER  USES  AND THAT ESTABLISH CRITERIA FOR DESIGNATING WATERSHEDS MOST
AT RISK FROM CUMULATIVE WATER USE. STANDARDS ADOPTED UNDER THIS  SECTION
MUST BE BASED ON THE NATURAL VARIATION OF FLOWS AND WATER LEVELS, ALLOW-
ING FOR VARIANCES IF USE WILL STILL BE PROTECTIVE OF WATER QUALITY WITH-
IN THAT CLASSIFICATION.
  S 26. Intentionally omitted.
  S  27. Subdivision 1 of section 71-1127 of the environmental conserva-
tion law, as amended by chapter 640 of the laws of 1977, is  amended  to
read as follows:
  1.  Any  person who violates any of the provisions of, or who fails to
perform any duty imposed by article 15 except section  15-1713,  or  who
violates or who fails to comply with any rule, regulation, determination
or  order of the department heretofore or hereafter promulgated pursuant
to article 15 except section 15-1713,  or  any  condition  of  a  permit
issued  pursuant  to article 15 of this chapter, or any determination or
order of the former water resources commission  or  the  [Department  of
Environmental  Conservation]  DEPARTMENT heretofore promulgated pursuant
to former article 5 of the Conservation Law, shall be liable for a civil
penalty of not more than TWO THOUSAND  five  hundred  dollars  for  such
violation  and  an  additional civil penalty of not more than [one] FIVE
hundred dollars for each day during which such violation continues, and,

A. 11347                           27

in addition thereto, such person may be enjoined  from  continuing  such
violation as otherwise provided in article 15 except section 15-1713.
  S  28.  Article 72 of the environmental conservation law is amended by
adding a new title 8 to read as follows:
                                 TITLE 8
                    WATER SUPPLY PERMIT PROGRAM FEES
SECTION 72-0801. DEFINITIONS.
        72-0802. WATER SUPPLY PERMIT PROGRAM FEES.
S 72-0801. DEFINITIONS.
  WHEN USED IN THIS TITLE:
  1. "AGRICULTURAL PURPOSE" SHALL  MEAN  THE  PRACTICE  OF  FARMING  FOR
CROPS,  PLANTS, VINES AND TREES; AND THE KEEPING, GRAZING, OR FEEDING OF
LIVESTOCK FOR SALE OF LIVESTOCK OR LIVESTOCK PRODUCTS.
  2. "PUBLIC WATER SUPPLY PURPOSE" SHALL MEAN  WATER  USE  BY  A  PUBLIC
WATER SUPPLY SYSTEM.
  3. "WATER SUPPLY PERMIT PROGRAM" MEANS THOSE ACTIVITIES OF THE DEPART-
MENT  AS  SPECIFIED  IN TITLE FIFTEEN OF ARTICLE FIFTEEN OF THIS CHAPTER
RELATED TO THE WITHDRAWAL  OF  WATERS  OF  THE  STATE  AND  ANY  RELATED
ENFORCEMENT ACTIVITIES.
S 72-0802. WATER SUPPLY PERMIT PROGRAM FEES.
  1.  EXCEPT  AS OTHERWISE PROVIDED IN THIS TITLE, ALL PERSONS, EXCEPT A
POLITICAL SUBDIVISION OF THE STATE, OR AN  AGENCY,  DEPARTMENT,  BUREAU,
PUBLIC  AUTHORITY  OF  THE  STATE,  OR PERSONS MAKING WITHDRAWALS FOR AN
AGRICULTURAL PURPOSE WHO ARE TO OBTAIN A PERMIT PURSUANT  TO  THE  WATER
SUPPLY PERMIT PROGRAM SHALL SUBMIT ANNUALLY TO THE DEPARTMENT A FEE, FOR
EACH WATER WITHDRAWAL SYSTEM, IN AN AMOUNT TO BE DETERMINED AS FOLLOWS:
  A. FIFTY DOLLARS FOR A WATER WITHDRAWAL SYSTEM WITH A CAPACITY OF LESS
THAN ONE MILLION GALLONS PER DAY, USED PRIMARILY FOR PUBLIC WATER SUPPLY
PURPOSES;
  B.  ONE HUNDRED TWENTY-FIVE DOLLARS FOR A WATER WITHDRAWAL SYSTEM WITH
A CAPACITY OF BETWEEN ONE MILLION AND NINE MILLION NINE HUNDRED  NINETY-
NINE  THOUSAND  NINE HUNDRED NINETY-NINE GALLONS PER DAY, USED PRIMARILY
FOR PUBLIC WATER SUPPLY PURPOSES;
  C. TWO HUNDRED FIFTY DOLLARS FOR A  WATER  WITHDRAWAL  SYSTEM  WITH  A
CAPACITY  OF  TEN  MILLION  GALLONS  PER DAY OR MORE, USED PRIMARILY FOR
PUBLIC WATER SUPPLY PURPOSES;
  D. TWO HUNDRED FIFTY DOLLARS FOR A  WATER  WITHDRAWAL  SYSTEM  WITH  A
CAPACITY OF BETWEEN FIFTY THOUSAND AND NINETY-NINE THOUSAND NINE HUNDRED
AND  NINETY-NINE  GALLONS  PER  DAY,  FOR ANY AND ALL USES WHICH ARE NOT
PRIMARILY FOR AGRICULTURAL OR PUBLIC WATER SUPPLY PURPOSES;
  E. FIVE HUNDRED FIFTY DOLLARS FOR A WATER  WITHDRAWAL  SYSTEM  WITH  A
CAPACITY  OF  BETWEEN ONE HUNDRED THOUSAND AND ONE HUNDRED THOUSAND NINE
HUNDRED AND NINETY-NINE GALLONS PER DAY, FOR ANY AND ALL USES WHICH  ARE
NOT PRIMARILY FOR AGRICULTURAL OR PUBLIC WATER SUPPLY PURPOSES;
  F.  ONE THOUSAND DOLLARS FOR A WATER WITHDRAWAL SYSTEM WITH A CAPACITY
OF  BETWEEN  TWO  HUNDRED  FIFTY  THOUSAND  GALLONS  AND  FOUR   HUNDRED
NINETY-NINE  THOUSAND  NINE HUNDRED AND NINETY-NINE GALLONS PER DAY, FOR
ANY AND ALL USES WHICH ARE NOT  PRIMARILY  FOR  AGRICULTURAL  OR  PUBLIC
WATER SUPPLY PURPOSES;
  G.  TWO  THOUSAND  FIVE  HUNDRED DOLLARS FOR A WATER WITHDRAWAL SYSTEM
WITH A CAPACITY OF  BETWEEN  FIVE  HUNDRED  THOUSAND  GALLONS  AND  NINE
HUNDRED  NINETY-NINE  THOUSAND  NINE HUNDRED AND NINETY-NINE GALLONS PER
DAY, FOR ANY AND ALL USES WHICH ARE NOT PRIMARILY  FOR  AGRICULTURAL  OR
PUBLIC WATER SUPPLY PURPOSES;
  H. FIVE THOUSAND DOLLARS FOR A WATER WITHDRAWAL SYSTEM WITH A CAPACITY
OF  BETWEEN  ONE MILLION AND NINE MILLION NINE HUNDRED NINETY-NINE THOU-

A. 11347                           28

SAND NINE HUNDRED NINETY-NINE GALLONS PER DAY,  FOR  ANY  AND  ALL  USES
WHICH  ARE  NOT  PRIMARILY  FOR  AGRICULTURAL  OR  PUBLIC  WATER  SUPPLY
PURPOSES;
  I.  SEVEN  THOUSAND FIVE HUNDRED DOLLARS FOR A WATER WITHDRAWAL SYSTEM
WITH A CAPACITY OF BETWEEN  TEN  MILLION  AND  FORTY-NINE  MILLION  NINE
HUNDRED  NINETY-NINE  THOUSAND NINE HUNDRED NINETY-NINE GALLONS PER DAY,
FOR ANY AND ALL USES WHICH ARE NOT PRIMARILY FOR AGRICULTURAL OR  PUBLIC
WATER SUPPLY PURPOSES;
  J.  TEN THOUSAND DOLLARS FOR A WATER WITHDRAWAL SYSTEM WITH A CAPACITY
OF FIFTY MILLION GALLONS PER DAY OR MORE, FOR ANY AND ALL USES WHICH ARE
NOT PRIMARILY FOR AGRICULTURAL OR PUBLIC WATER SUPPLY PURPOSES.
  2. FOR THE PURPOSE OF DETERMINING  THE  APPROPRIATE  FEE  REQUIRED  BY
SUBDIVISION  ONE  OF  THIS  SECTION, THE AMOUNT OF RECLAIMED WASTEWATER,
WHICH A PERSON WITHDRAWS FOR REUSE, SHALL NOT BE INCLUDED IN  THE  TOTAL
CAPACITY OF THE WATER WITHDRAWAL.
  3.  ALL FEES COLLECTED PURSUANT TO THIS ARTICLE SHALL BE PAID INTO THE
ENVIRONMENTAL CONSERVATION SPECIAL REVENUE FUND TO  THE  CREDIT  OF  THE
ENVIRONMENTAL REGULATORY ACCOUNT.
  S  29.  This act shall take effect immediately; provided, however that
section twenty-five of this act shall take effect upon the completion of
rule-making required in subdivision three  of  section  15-1501  of  the
environmental conservation law and provided that the commissioner of the
department  of  environmental  conservation shall notify the legislative
bill drafting commission upon the occurrence of  the  enactment  of  the
rules  required  under subdivision three of section 15-1501 of the envi-
ronmental conservation law in order that the commission may maintain  an
accurate and timely effective data base of the official text of the laws
of  the  state of New York in furtherance of effectuating the provisions
of section 44 of the legislative law and  section  70-b  of  the  public
officers law.