senate Bill S4720

Signed by Governor

Relates to oil and gas drilling in Allegany state park

download pdf

Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
view actions

actions

  • 15 / Apr / 2011
    • REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • 06 / Jun / 2011
    • 1ST REPORT CAL.1006
  • 07 / Jun / 2011
    • 2ND REPORT CAL.
  • 13 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 15 / Jun / 2011
    • PASSED SENATE
  • 15 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 15 / Jun / 2011
    • REFERRED TO CODES
  • 17 / Jun / 2011
    • SUBSTITUTED FOR A393A
  • 17 / Jun / 2011
    • ORDERED TO THIRD READING RULES CAL.389
  • 17 / Jun / 2011
    • PASSED ASSEMBLY
  • 17 / Jun / 2011
    • RETURNED TO SENATE
  • 12 / Sep / 2011
    • DELIVERED TO GOVERNOR
  • 23 / Sep / 2011
    • SIGNED CHAP.568

Summary

Relates to oil and gas drilling in Allegany State Park.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A393A
Versions:
S4720
Legislative Cycle:
2011-2012
Law Section:
Parks, Recreation and Historic Preservation Law
Laws Affected:
Add §13.31, Pks & Rec L
Versions Introduced in 2009-2010 Legislative Cycle:
A11093A, A11093A

Sponsor Memo

BILL NUMBER:S4720

TITLE OF BILL:
An act
to amend the parks, recreation and historic preservation law,
in relation to oil
and gas drilling in Allegany state park

PURPOSE OR GENERAL IDEA OF BILL:
To specify the terms, requirements and enforcement of
surface access permits issued to entities proposing to
extract privately-owned oil or gas resources within
Allegany State Park.

SUMMARY OF SPECIFIC PROVISIONS:
The bill adds a new section 13.31 to
the Parks, Recreation and Historic Preservation Law to regulate oil
and gas drilling in Allegany State Park.

Subdivision one sets forth legislative findings and declaration.

Subdivision two requires a surface access permit to be issued by the
Office of Parks, Recreation and Historic Preservation, in order to
extract privately owned oil or gas from beneath state-owned surface
lands in Allegany State Park, and requires that each application for
such a permit include at a minimum: proof of ownership or legal
control of the drilling rights; a map of proposed well locations; a
description of proposed exploration and production activities;
identification of sources of water to be used; a description of
associated disturbance of the land surface; a description of
transportation methods for the extracted resources; a description of
reclamation steps to be taken;
baseline environmental sampling results; an inventory of the affected
natural resources; and a description of affected historic,
archeological and cultural resources.

Subdivision three sets forth required conditions for each such permit,
which include: limitation of number of wells and amount of cleared
area associated with each well site to minimize the impact on park
resources;
a prohibition on disposal of wastes in the park and storage in open
pits; restrictions on road construction; authority to restrict the
timing of drilling and associated activities and use of public roads;
establishment and maintenance of funds to reimburse the Office for the
costs of a full-time on-site monitor and of consultants to conduct
environmental sampling and inspection and monitoring of environmental
impacts; corrective action at the permittee's expense where needed to
eliminate adverse environmental impacts; financial security
sufficient to restore natural conditions after the conclusion of
extraction activities; and any additional conditions the Office deems
necessary to avoid or minimize impacts on park resources and to
protect park visitors and employees.

Subdivision four provides that the requirements of this section shall be
in addition to any other legal requirements for the exercise of


drilling rights, including but not limited to those in Article 23 of
the Environmental Conservation Law.

Subdivision five provides that the Office will serve as lead agency
for SEQRA review for any action connected with oil or gas exploration
or extraction in Allegany State Park, which review shall include an
evaluation of all potential impacts of such activity in terms of
consistency with the Office's statutory mission.

Subdivision six provides for enforcement of permit requirements by
permit revocation and in an action for injunction and civil penalties
of up to $10,000 per day.

Subdivision seven provides the office with compensation
of lost revenue in the event of a spill or release of oil or gas
produced or transported in the park.

Section two of the bill provides an immediate effective date.

EXISTING LAW:
Section 3.09(8) of the Parks, Recreation and Historic
Preservation Law authorizes the Office to promulgate rules and
regulations for the performance of its duties, and 6 NYCRR Part 372
provides for the issuance of permits by the Office for the conduct of
various activities on state parkland, including commercial activities.

Article 23 of the Environmental Conservation Law requires a permit,
and sets forth technical requirements, for each gas and oil well
located anywhere in the state.

JUSTIFICATION:
There is a unique situation in Allegany State Park
whereby ownership of subsurface oil and gas resources under portions
of the Park was severed and retained in private ownership, prior to
the acquisition and creation of the Park in the early 20th century.
The Office has received preliminary inquiries from oil and gas
companies asserting they have acquired ownership or leases of
privately-held oil subsurface resources and proposing to commence
oil and gas drilling.
This bill creates a comprehensive framework for the Office's review
and permitting of private oil and gas extraction to ensure that if
such activities are conducted, adverse impacts to the Park's natural,
scenic, and recreational resources will be minimized or avoided.

PRIOR LEGISLATIVE HISTORY:
2010 - PASSED SENATE

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

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

                                  4720

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 15, 2011
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cultural Affairs, Tourism,
  Parks and Recreation

AN ACT to amend the parks, recreation and historic preservation law,  in
  relation to oil and gas drilling in Allegany state park

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The parks, recreation  and  historic  preservation  law  is
amended by adding a new section 13.31 to read as follows:
  S  13.31  OIL AND GAS DRILLING IN ALLEGANY STATE PARK.  1. LEGISLATIVE
FINDINGS AND DECLARATION. THE LEGISLATURE FINDS AND DECLARES THAT  ALLE-
GANY  STATE  PARK  HARBORS  UNIQUE  AND IRREPLACEABLE NATURAL AND SCENIC
RESOURCES AND PROVIDES AN EXTENSIVE VARIETY OF RECREATIONAL  AND  EDUCA-
TIONAL  OPPORTUNITIES  FOR  NEW YORK RESIDENTS AND VISITORS. THE PARK IS
LOCATED IN A GEOLOGICALLY DISTINCT, UNGLACIATED AREA WITH UNIQUE TERRES-
TRIAL, FRESHWATER AND OLD GROWTH FOREST ECOSYSTEMS THAT WARRANT  SPECIAL
PROTECTION,  AND  IS  HOME  TO  NUMEROUS RARE, THREATENED AND ENDANGERED
SPECIES OF PLANTS AND WILDLIFE. THE PARK'S SIXTY-FIVE THOUSAND ACRES ARE
THE LARGEST TRACT OF INTACT, UNFRAGMENTED FOREST  LAND  IN  THE  WESTERN
HALF  OF  THE STATE, INCLUDING MATURE SECOND-GROWTH AS WELL AS EXTENSIVE
OLD-GROWTH FORESTS. THESE FEATURES ARE AN INVALUABLE  AND  IRREPLACEABLE
PART  OF  THE  STATE'S  NATURAL HERITAGE WHICH THE STATE IS OBLIGATED TO
PRESERVE FOR FUTURE GENERATIONS.
  THE LEGISLATURE FURTHER FINDS AND DECLARES THAT A UNIQUE  CIRCUMSTANCE
EXISTS  IN  ALLEGANY STATE PARK WHEREBY PRIVATE ENTITIES CONTROL SUBSUR-
FACE OIL AND GAS RIGHTS BENEATH PORTIONS OF THE PARK. OWNERSHIP OF  SUCH
SUBSURFACE OIL AND GAS RIGHTS WAS SEVERED AND RETAINED IN PRIVATE OWNER-
SHIP  PRIOR  TO THE ACQUISITION AND CREATION OF THE PARK BY THE STATE OF
NEW YORK IN THE EARLY TWENTIETH CENTURY.  IT  IS  THE  PURPOSE  OF  THIS
SECTION  TO ENSURE THAT ANY EXPLORATION, DRILLING, OR PRODUCTION ASSOCI-
ATED WITH PRIVATELY-CONTROLLED OIL AND GAS RIGHTS WITHIN ALLEGANY  STATE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00398-04-1

S. 4720                             2

PARK,  INCLUDING ALL ACTIVITIES NECESSARY TO OBTAIN ACCESS TO SUBSURFACE
OIL AND GAS, BE UNDERTAKEN WITH  THE  STRICTEST  POSSIBLE  OVERSIGHT  TO
MINIMIZE ADVERSE IMPACTS ON THE PARK'S NATURAL, SCENIC, AND RECREATIONAL
RESOURCES  AND  THE PUBLIC'S ACCESS TO THEM AND ENJOYMENT THEREOF. IT IS
INTENDED THAT THE PROVISIONS OF THIS SECTION BE LIBERALLY CONSTRUED  AND
APPLIED IN FURTHERANCE OF THIS PURPOSE.
  THE LEGISLATURE FINDS AND DECLARES THAT THE PROVISIONS OF THIS SECTION
HAVE  BEEN  ENACTED  PURSUANT  TO  THE  STATUTORILY-MANDATED DUTY OF THE
OFFICE TO PROVIDE FOR THE HEALTH, SAFETY AND WELFARE OF THE PUBLIC USING
FACILITIES UNDER  ITS  JURISDICTION.  THE  LEGISLATURE  FINDS  THAT  THE
PROVISIONS  OF  THIS SECTION CONSTITUTE REASONABLE RESTRICTIONS UPON THE
EXERCISE OF PRIVATELY-CONTROLLED OIL AND GAS RIGHTS  IN  FURTHERANCE  OF
THE  STATE'S  SOVEREIGN POWER AND DUTY TO HOLD PUBLIC PARKLANDS IN TRUST
FOR THE BENEFIT OF THE PEOPLE OF THE STATE.
  2. SURFACE ACCESS PERMIT. NO  DRILLING,  ROAD  BUILDING,  CLEARING  OF
VEGETATION,  OR  OTHER  ACTIVITY  IN  FURTHERANCE  OF THE EXPLORATION OR
PRODUCTION OF PRIVATELY-CONTROLLED OIL OR GAS RIGHTS BENEATH STATE OWNED
LAND WITHIN ALLEGANY STATE PARK SHALL BE UNDERTAKEN EXCEPT  PURSUANT  TO
THE  TERMS  OF  A SURFACE ACCESS PERMIT ISSUED BY THE OFFICE PURSUANT TO
THIS SECTION. AN APPLICATION FOR SUCH PERMIT SHALL  BE  FILED  WITH  THE
OFFICE  CONCURRENT  WITH  THE  APPLICATION TO THE DEPARTMENT OF ENVIRON-
MENTAL CONSERVATION FOR A PERMIT TO DRILL AN OIL OR GAS WELL  AND  SHALL
INCLUDE AT A MINIMUM:
  (A) PROOF SATISFACTORY TO THE OFFICE OF THE APPLICANT'S LEGAL RIGHT TO
RECOVER  OIL OR GAS RESOURCES BENEATH STATE OWNED LAND, INCLUDING COPIES
OF TITLE REPORTS AND, WHERE APPLICABLE, LEASES WITH TITLE HOLDERS, AND A
BOUNDARY SURVEY COMPLETED BY A LICENSED SURVEYOR OF THE AFFECTED AREA;
  (B) A MAP IDENTIFYING THE PROPOSED LOCATION OF EACH OIL  OR  GAS  WELL
FOR WHICH AN APPLICATION FOR A DRILLING PERMIT HAS BEEN SUBMITTED TO THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION;
  (C)  A  GENERAL DESCRIPTION OF THE PROPOSED OIL OR GAS EXPLORATION AND
PRODUCTION ACTIVITIES;
  (D) IDENTIFICATION OF THE AMOUNT OF WATER NEEDED AND ITS SOURCES;
  (E) A DETAILED DESCRIPTION OF ALL SURFACE DISTURBANCE ASSOCIATED  WITH
THE PROPOSED EXPLORATION AND PRODUCTION OF OIL OR GAS, INCLUDING BUT NOT
LIMITED  TO  THE LOCATION AND SPECIFICATIONS OF ALL ROADS PROPOSED TO BE
CONSTRUCTED, ALL PROPOSED WELL DRILLING LOCATIONS, AND THE LOCATION  AND
AMOUNT  OF  PROPOSED  TREE AND VEGETATION REMOVAL, AND THE METHODS TO BE
USED IN SUCH ACTIVITIES;
  (F) A DESCRIPTION OF HOW PRODUCED OIL OR GAS WILL BE  TRANSPORTED  OUT
OF  THE  PARK,  INCLUDING A DETAILED DESCRIPTION OF THE CONSTRUCTION AND
LOCATION OF ALL PROPOSED TRANSMISSION LINES;
  (G) AN ESTIMATE OF THE AMOUNT OF WASTE PRODUCTS BY  TYPE  EXPECTED  TO
RESULT  FROM  CONSTRUCTION, EXPLORATION AND PRODUCTION AND A DESCRIPTION
OF HOW SUCH WASTE WILL BE HANDLED AND DISPOSED OF;
  (H) A DESCRIPTION OF THE METHODS TO BE USED TO CONTROL STORMWATER FLOW
AND EROSION;
  (I)  DISTANCES  FROM  STREAMS  OF  PROPOSED  WORK,  IDENTIFICATION  OF
AFFECTED STREAMS AND METHODS OF STREAM CROSSINGS, IF ANY;
  (J)  ESTIMATED NUMBER, SPECIES AND DIAMETER OF TREES TO BE REMOVED AND
METHOD OF REMOVAL;
  (K) A DETAILED DESCRIPTION AND TIMELINE OF STEPS THAT WILL BE TAKEN TO
RECLAIM THE AFFECTED SURFACE AREA AND RESTORE IT TO ITS PREVIOUS NATURAL
CONDITION ONCE DRILLING AND  PRODUCTION  ACTIVITIES  HAVE  CEASED.  SUCH
DESCRIPTION  SHALL  DESCRIBE  INTERIM  RESTORATION ACTIVITIES THAT SHALL
OCCUR IMMEDIATELY AFTER EACH WELL HAS BEEN DRILLED  AND  ANY  ASSOCIATED

S. 4720                             3

TRANSMISSION  LINES  HAVE  BEEN  INSTALLED, AS WELL AS FINAL RESTORATION
ACTIVITIES THAT SHALL OCCUR AFTER PRODUCTION HAS CEASED;
  (L)  A COMPREHENSIVE INVENTORY OF PLANT AND ANIMAL SPECIES, ECOLOGICAL
COMMUNITIES, WETLANDS, AND SURFACE STREAMS WITHIN THE  AREA,  AS  DETER-
MINED  BY  THE  OFFICE,  THAT  MAY  BE  AFFECTED  BY  PROPOSED  DRILLING
LOCATIONS, ROAD CONSTRUCTION, TRANSMISSION LINES, AND ANY  OTHER  ACTIV-
ITIES  ASSOCIATED  WITH  PROPOSED EXPLORATION AND PRODUCTION ACTIVITIES,
AND AN ANALYSIS OF  THE  POTENTIAL  ADVERSE  IMPACTS  ON  SUCH  SPECIES,
ECOLOGICAL COMMUNITIES, WETLANDS, AND SURFACE STREAMS; AND
  (M)  A  DESCRIPTION  OF HISTORIC, ARCHEOLOGICAL AND CULTURAL RESOURCES
POTENTIALLY AFFECTED BY PROPOSED EXPLORATION, PRODUCTION, ROAD BUILDING,
AND TRANSMISSION LINES.
  3. SURFACE ACCESS PERMIT CONDITIONS. ANY SURFACE ACCESS PERMIT GRANTED
BY THE OFFICE PURSUANT TO THIS SECTION SHALL INCLUDE THE FOLLOWING TERMS
AND CONDITIONS:
  (A) THE OFFICE MAY LIMIT THE NUMBER OF WELL  SITES,  THE  LOCATION  OF
WELL  SITES,  AND  THE  AMOUNT OF CLEARED AREA ASSOCIATED WITH EACH WELL
SITE IN ORDER  TO  MITIGATE  ADVERSE  IMPACTS  TO  NATURAL,  ECOLOGICAL,
SCENIC, AND RECREATIONAL RESOURCES.
  (B)  NO  LIQUID  OR  SOLID WASTES SHALL BE COLLECTED OR STORED IN OPEN
PITS NOR DISPOSED OF OR RELEASED WITHIN THE PARK.
  (C) THE OFFICE MAY LIMIT THE CONSTRUCTION AND THE LOCATION  OF  ACCESS
ROADS  IN  ORDER  TO  MITIGATE  ADVERSE  IMPACTS TO NATURAL, ECOLOGICAL,
SCENIC, AND RECREATIONAL RESOURCES.  ALL NEW ROADS SHALL BE DESIGNED  TO
THE MINIMUM POSSIBLE WIDTH AND SHALL BE CONSTRUCTED TO AVOID OR MINIMIZE
THE  POTENTIAL  FOR  EROSION AND OTHER ADVERSE IMPACTS. ALL TREES CUT OR
REMOVED AS PART OF ROAD CONSTRUCTION AND WELL SITE  CLEARING  ACTIVITIES
SHALL REMAIN THE PROPERTY OF THE OFFICE.
  (D)  IN  ORDER  TO  PROTECT THE HEALTH AND SAFETY OF PARK VISITORS AND
EMPLOYEES AND TO MINIMIZE ADVERSE IMPACTS ON PUBLIC RECREATIONAL USES OF
THE PARK, THE OFFICE MAY RESTRICT THE SEASONS  THAT  THE  PERMITTEE  MAY
UNDERTAKE ROAD CONSTRUCTION, WELL DRILLING, AND ASSOCIATED ACTIVITIES ON
STATE  OWNED  LANDS.  THE  OFFICE  MAY ALSO DESIGNATE THE PARK ROADS THE
PERMITTEE SHALL USE FOR VEHICLE ACCESS INTO AND THROUGH  THE  PARK,  AND
MAY  RESTRICT  SEASONS  OR TIMES THAT THE PERMITTEE MAY EXERCISE VEHICLE
ACCESS ON PARK ROADS OPEN TO THE PUBLIC.
  (E) THE PERMIT SHALL INCLUDE SUCH  CONDITIONS  ON  THE  MANAGEMENT  OF
FOREST RESOURCES, AND CONSTRUCTION AND MAINTENANCE OF ACCESS ROADS, WELL
SITES  AND  TRANSMISSION LINES, AS THE OFFICE DEEMS NECESSARY TO PROTECT
PARK RESOURCES.
  (F) THE PERMITTEE SHALL BE REQUIRED TO ESTABLISH AND MAINTAIN  A  FUND
SUFFICIENT  TO REIMBURSE THE OFFICE FOR THE COSTS OF AN ON-SITE MONITOR,
WHO SHALL BE HIRED BY AND REPORT TO THE OFFICE, WHO SHALL BE  PHYSICALLY
PRESENT  DURING  ALL  LAND  CLEARING,  ROAD CONSTRUCTION, WELL DRILLING,
INSTALLATION AND MAINTENANCE OF TRANSMISSION  LINES,  WELL  MAINTENANCE,
WELL  CLOSURE, AND RESTORATION ACTIVITIES UNDERTAKEN BY THE PERMITTEE TO
ASSURE COMPLIANCE WITH ALL REQUIRED PERMITS  AND  APPLICABLE  STATE  AND
FEDERAL LAWS AND REGULATIONS.
  (G)  THE  PERMITTEE SHALL BE REQUIRED TO ESTABLISH AND MAINTAIN A FUND
SUFFICIENT TO REIMBURSE THE OFFICE FOR THE COSTS OF CONSULTANTS RETAINED
BY THE OFFICE TO CONDUCT:
  (1) SAMPLING OF GROUNDWATER, SURFACE WATER, WETLANDS, AND SOIL;
  (2) MONITORING TO DETECT ANY ADVERSE IMPACTS TO SENSITIVE  SPECIES  OF
PLANTS AND ANIMALS AND ECOLOGICAL COMMUNITIES; AND

S. 4720                             4

  (3)  INSPECTIONS  TO  DETECT  ANY  NON-NATIVE INVASIVE PLANT OR ANIMAL
SPECIES THAT ARE INTRODUCED INTO THE PARK AS A RESULT OF THE PERMITTEE'S
ACTIVITIES.
  THE  OFFICE  SHALL DETERMINE THE AREAS TO BE SUBJECT TO SUCH SAMPLING,
MONITORING, AND INSPECTIONS, WHICH SHALL BE UNDERTAKEN ANNUALLY, OR MORE
FREQUENTLY IF DETERMINED APPROPRIATE BY THE OFFICE, UNTIL THE  PERMITTEE
HAS  CONCLUDED  OIL  AND  GAS  EXPLORATION AND PRODUCTION ACTIVITIES AND
COMPLETED THE RESTORATION REQUIREMENTS ESTABLISHED IN PARAGRAPH  (I)  OF
THIS SUBDIVISION.
  (H)  THE PERMITTEE SHALL BE REQUIRED AT ITS EXPENSE TO TAKE CORRECTIVE
ACTIONS TO ELIMINATE ANY ADVERSE IMPACTS RESULTING  FROM  THE  PERMITTED
ACTIVITY  TO  THE PARK'S ROADS, FACILITIES AND INFRASTRUCTURE, OR TO THE
PARK'S GROUNDWATER, SURFACE WATER, WETLANDS,  SOIL,  NATURAL  RESOURCES,
PLANT AND ANIMAL SPECIES AND ECOLOGICAL COMMUNITIES.
  (I) THE PERMITTEE SHALL BE REQUIRED TO OBTAIN FINANCIAL SECURITY IN AN
AMOUNT  SUFFICIENT  TO  RESTORE  TO THEIR PREVIOUS NATURAL CONDITION ALL
AREAS AFFECTED BY THE PERMITTEE'S GROUND DISTURBANCE,  CLEARING,  DRILL-
ING,  ROAD  CONSTRUCTION,  AND INSTALLATION OF TRANSMISSION LINES, AFTER
OIL AND  GAS  EXPLORATION,  DRILLING,  AND  PRODUCTION  ACTIVITIES  HAVE
CONCLUDED. RESTORATION SHALL INCLUDE BUT NOT BE LIMITED TO A REQUIREMENT
THAT THE PERMITTEE REMOVE AND REFOREST ALL ROADS AND CLEARED AREAS.
  (J)  THE  PERMIT SHALL INCLUDE REQUIREMENTS FOR THE AMOUNT AND TYPE OR
TYPES OF INSURANCE TO BE PROCURED AND MAINTAINED BY THE PERMITTEE.
  (K) THE OFFICE SHALL INCLUDE ANY ADDITIONAL PERMIT CONDITIONS IT DEEMS
NECESSARY TO AVOID OR  MINIMIZE  IMPACTS  ON  THE  PARK'S  RECREATIONAL,
SCENIC  AND  NATURAL  RESOURCES  AND TO PROTECT THE HEALTH AND SAFETY OF
PARK VISITORS AND EMPLOYEES.
  4. OTHER REQUIREMENTS. THE REQUIREMENTS OF THIS SECTION  SHALL  BE  IN
ADDITION TO, AND SHALL NOT REPLACE OR AFFECT, ANY OTHER REQUIREMENTS FOR
THE  EXERCISE  OF OIL AND GAS DRILLING RIGHTS, INCLUDING BUT NOT LIMITED
TO REQUIREMENTS SET FORTH IN ARTICLE TWENTY-THREE OF  THE  ENVIRONMENTAL
CONSERVATION  LAW  OR  OTHER  APPLICABLE STATE OR FEDERAL LAWS, PERMITS,
ORDERS, OR REGULATIONS. NOTHING IN THIS SECTION SHALL AFFECT  OR  SUPER-
SEDE  THE  APPLICATION OF ARTICLE SEVEN OF THE PUBLIC SERVICE LAW TO THE
SITING OF A MAJOR UTILITY TRANSMISSION FACILITY AS DEFINED THEREIN.
  5. ENVIRONMENTAL REVIEW. THE OFFICE WILL  SERVE  AS  LEAD  AGENCY  FOR
REVIEW  PURSUANT  TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW
FOR ALL ACTIONS INVOLVING EXPLORATION AND PRODUCTION OF  PRIVATELY-CONT-
ROLLED  OIL  AND GAS RESOURCES BENEATH STATE OWNED LANDS WITHIN ALLEGANY
STATE PARK,  INCLUDING  APPLICATIONS  FOR  A  PERMIT  PURSUANT  TO  THIS
SECTION. IN CONDUCTING SUCH REVIEW, THE OFFICE SHALL EVALUATE ALL POTEN-
TIAL  IMPACTS  OF PROPOSED WELL DRILLING, ROAD CONSTRUCTION, CLEARING OF
VEGETATION, AND OTHER RELATED ACTIVITIES IN TERMS  OF  CONSISTENCY  WITH
THE AGENCY'S MISSION AS SET FORTH IN SECTION 3.02 OF THIS CHAPTER.
  6.  ENFORCEMENT.  ANY  VIOLATION  OF  A TERM OR CONDITION OF A SURFACE
ACCESS PERMIT GRANTED PURSUANT TO THIS  SECTION  SHALL  BE  GROUNDS  FOR
REVOCATION THEREOF. IN ADDITION, ANY PARTY ACTING IN VIOLATION OF SUCH A
PERMIT,  AND  ANY PARTY ENGAGING IN OIL OR GAS EXPLORATION, DRILLING, OR
PRODUCTION ACTIVITY WITHOUT HAVING OBTAINED A PERMIT AS REQUIRED BY THIS
SECTION, SHALL BE SUBJECT TO INJUNCTION AND LIABLE FOR A  CIVIL  PENALTY
OF  NOT  MORE  THAN TEN THOUSAND DOLLARS FOR EACH DAY OF SUCH VIOLATION,
OBTAINABLE IN AN ACTION BROUGHT BY THE ATTORNEY GENERAL UPON REFERRAL BY
THE COMMISSIONER OR ON HIS OR HER OWN INITIATIVE.
  7. COMPENSATION OF LOST REVENUE.  IN  THE  EVENT  THAT  ANY  SPILL  OR
RELEASE OF OIL, GAS, OR OTHER SUBSTANCE PRODUCED OR TRANSPORTED IN ALLE-
GANY STATE PARK BY, OR ON BEHALF OF, ANY PERSON RECEIVING A PERMIT UNDER

S. 4720                             5

THIS SECTION RESULTS IN THE TEMPORARY CLOSING OF ALL OR PART OF ALLEGANY
STATE PARK, SUCH PERSON SHALL BE LIABLE TO COMPENSATE THE OFFICE FOR ANY
LOST  REVENUE OR PARK USER FEES RESULTING FROM THE CLOSURE. SUCH COMPEN-
SATION OF LOST REVENUE SHALL BE IN ADDITION TO ANY OTHER COSTS OR PENAL-
TIES IMPOSED UNDER APPLICABLE LAWS, REGULATIONS, OR PERMIT CONDITIONS.
  8.  RULES  AND  REGULATIONS.   THE COMMISSIONER IS AUTHORIZED TO ADOPT
RULES  AND  REGULATIONS  NECESSARY  OR  DESIRABLE  TO   EFFECTUATE   THE
PROVISIONS OF THIS SECTION.
  S 2. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.