Assembly Bill A10234

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

                                10234--A

                          I N  A S S E M B L Y

                             March 11, 2010
                               ___________

Introduced  by M. of A. PARMENT -- read once and referred to the Commit-
  tee on Environmental Conservation --  reported  and  referred  to  the
  Committee  on  Rules  --  Rules  Committee  discharged,  bill amended,
  ordered reprinted as amended and recommitted to the Committee on Rules

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  establishing  the  New  York  state indigenous natural gas value added
  task force; and providing for the repeal of such provisions  upon  the
  expiration thereof

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

  Section 1. Legislative findings.   The legislature  hereby  finds  and
declares  that within New York state lies the Marcellus shale which is a
black shale formation extending deep  underground  from  Ohio  and  West
Virginia northeast into Pennsylvania and southern New York. According to
the  New York state department of environmental conservation some geolo-
gists estimate  that  the  entire  Marcellus  shale  formation  contains
between  168 trillion to 516 trillion cubic feet of natural gas through-
out its entire extent. It is not yet known how much gas will be  commer-
cially  recoverable from the Marcellus shale in New York state. New York
state currently uses 1.1 trillion cubic feet of natural gas a  year.  In
order  for  New  York  state  to derive the full value of this commodity
located in the state, we need to utilize the gas in New York  state  for
manufacturing and other value added activities.
  S  2.  Article  19 of the environmental conservation law is amended by
adding a new title 13 to read as follows:
                                 TITLE 13
      NEW YORK STATE INDIGENOUS NATURAL GAS VALUE ADDED TASK FORCE
SECTION 19-1301. NEW YORK STATE INDIGENOUS NATURAL GAS VALUE ADDED  TASK
                    FORCE.
        19-1303. TASK FORCE COMPOSITION.
        19-1305. POWERS AND DUTIES OF THE TASK FORCE.
S 19-1301. NEW YORK STATE INDIGENOUS NATURAL GAS VALUE ADDED TASK FORCE.
  1. THE NEW YORK STATE INDIGENOUS NATURAL GAS VALUE ADDED TASK FORCE IS
HEREBY ESTABLISHED.

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

                                                           LBD15577-03-0

A. 10234--A                         2

  THE  ROLE  OF  THE  TASK  FORCE  SHALL INCLUDE, BUT NOT BE LIMITED TO,
CONDUCTING AN IN-DEPTH EXAMINATION OF ISSUES RELATED TO THE VALUE  ADDED
OPPORTUNITIES FOR INDIGENOUS NATURAL GAS IN NEW YORK STATE.
S 19-1303. TASK FORCE COMPOSITION.
  1.  THE  TASK FORCE SHALL CONSIST OF A TOTAL OF NINE MEMBERS AND SHALL
INCLUDE THE COMMISSIONER, THE COMMISSIONER OF ECONOMIC DEVELOPMENT,  THE
PRESIDENT OF THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORI-
TY,  THE  CHAIR OF THE PUBLIC SERVICE COMMISSION, THE EXECUTIVE DIRECTOR
OF THE FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION, AND ONE MEMBER
EACH APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER  OF
THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE, AND THE MINORITY LEADER
OF THE ASSEMBLY.
  2.  THE  COMMISSIONER  OR  HIS  OR HER DESIGNATED REPRESENTATIVE SHALL
SERVE AS CHAIRPERSON OF THE TASK FORCE.
  3. FOR THE PURPOSES OF THIS SECTION, NON-GOVERNMENTAL APPOINTEES SHALL
BE CONSIDERED OFFICERS OR EMPLOYEES OF  PUBLIC  ENTITIES  AND  SHALL  BE
AFFORDED  SUCH  DEFENSE  AND  INDEMNIFICATION  PROVIDED UNDER THE PUBLIC
OFFICERS LAW.
  4. THE MEMBERS OF THE TASK FORCE SHALL  RECEIVE  NO  COMPENSATION  FOR
THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
  5.  NO  APPOINTED  MEMBER  OF  THE  TASK  FORCE SHALL BE AN ELECTED OR
APPOINTED PUBLIC OFFICER.
S 19-1305. POWERS AND DUTIES OF THE TASK FORCE.
  1. THE TASK FORCE SHALL MEET QUARTERLY, OR AT THE CALL OF  THE  CHAIR-
PERSON.
  2.  IN  RECOGNITION  OF THE IMPORTANCE OF THE VALUE ADDED POTENTIAL OF
THE MARCELLUS SHALE NATURAL GAS, THE TASK FORCE  MAY  CONSULT  WITH  ANY
ORGANIZATION, EDUCATIONAL INSTITUTION, OTHER GOVERNMENT ENTITY OR AGENCY
OR PERSON IN THE DEVELOPMENT OF ITS RECOMMENDATIONS.
  3.  THE  DEPARTMENT SHALL PROVIDE THE TASK FORCE WITH SUCH FACILITIES,
ASSISTANCE AND DATA AS WILL ENABLE THE  TASK  FORCE  TO  CARRY  OUT  ITS
POWERS  AND  DUTIES.  ADDITIONALLY,  ALL  OTHER AGENCIES OF THE STATE OR
SUBDIVISIONS THEREOF MAY, AT THE REQUEST OF THE CHAIRPERSON, PROVIDE THE
TASK FORCE WITH SUCH FACILITIES, ASSISTANCE, AND DATA TO ENABLE THE TASK
FORCE TO CARRY OUT ITS POWERS AND DUTIES.
  4. WITHIN TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS TITLE, THE  TASK
FORCE SHALL ISSUE A DRAFT REPORT ON THE VALUE ADDED OPPORTUNITIES OF THE
MARCELLUS SHALE NATURAL GAS.
  COPIES  OF  THE  REPORT SHALL ALSO BE MADE AVAILABLE TO THE PUBLIC AND
POSTED ON THE DEPARTMENT'S WEBSITE AND NOTICE  OF  THE  AVAILABILITY  OF
SUCH PLAN SHALL BE PUBLISHED IN THE ENVIRONMENTAL NOTICE BULLETIN.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law and shall expire and be  deemed  repealed  five  years
after such effective date.