S T A T E O F N E W Y O R K
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11093--A
I N A S S E M B L Y
May 14, 2010
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Introduced by M. of A. HOYT, ENGLEBRIGHT -- Multi-Sponsored by -- M. of
A. CASTELLI -- read once and referred to the Committee on Environ-
mental Conservation -- reported and referred to the Committee on Codes
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
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
PARK, INCLUDING ALL ACTIVITIES NECESSARY TO OBTAIN ACCESS TO SUBSURFACE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17327-02-0
A. 11093--A 2
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 OF ALL PROPOSED ROAD CONSTRUCTION, 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) 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
TRANSMISSION LINES HAVE BEEN INSTALLED, AS WELL AS FINAL RESTORATION
ACTIVITIES THAT SHALL OCCUR AFTER PRODUCTION HAS CEASED;
(H) BASELINE SAMPLING RESULTS, TAKEN PRIOR TO ANY GROUND DISTURBANCE
OR REMOVAL OF TREES OR VEGETATION, FOR SURFACE WATER, SOIL, AND EXISTING
GROUNDWATER WELLS IN PROXIMITY TO PROPOSED DRILLING LOCATIONS, TRANS-
MISSION LINES, AND ROAD CONSTRUCTION LOCATIONS AS DETERMINED BY THE
OFFICE;
(I) 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-
A. 11093--A 3
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
(J) 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 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.
(F) 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
(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 (H) OF
THIS SUBDIVISION.
(G) 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
A. 11093--A 4
PARK'S GROUNDWATER, SURFACE WATER, WETLANDS, SOIL, NATURAL RESOURCES,
PLANT AND ANIMAL SPECIES AND ECOLOGICAL COMMUNITIES.
(H) 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.
(I) 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
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.