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Assembly Bill A1322

2009-2010 Legislative Session

Establishes a moratorium on the issuance of permits for the drilling of wells and prohibits drilling within two miles of the New York city water supply infrastructure

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2009-A1322 - Details

Current Committee:
Assembly Rules
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §23-0501, En Con L
Versions Introduced in Other Legislative Sessions:
2011-2012: A4237
2013-2014: A5378

2009-A1322 - Summary

Establishes a moratorium on the issuance of permits for the drilling of wells and prohibits drilling within ten miles of the New York city water supply infrastructure.

2009-A1322 - Bill Text download pdf

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

                                  1322

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. BRENNAN -- Multi-Sponsored by -- M. of A. GOTT-
  FRIED, LIFTON, MILLMAN, PHEFFER, ROSENTHAL -- read once  and  referred
  to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation to envi-
  ronmental protection related to the drilling of oil and gas wells

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

  Section 1. Subdivision 3  of  section  23-0501  of  the  environmental
conservation  law is renumbered subdivision 5 and two new subdivisions 3
and 4 are added to read as follows:
  3. COMMENCING WITH THE EFFECTIVE DATE OF THIS SUBDIVISION, THERE SHALL
BE A MORATORIUM ON THE ISSUANCE OF  PERMITS  FOR  THE  DRILLING  OF  NEW
WELLS.  SUCH  MORATORIUM SHALL APPLY ONLY TO ISSUANCE OF PERMITS FOR THE
DRILLING OF WELLS AND SHALL NOT BE CONSTRUED  TO  PROHIBIT  TESTING  FOR
EXISTING  OIL  AND GAS DEPOSITS.  SUCH MORATORIUM SHALL REMAIN IN EFFECT
UNTIL THE COMPLETION OF THE SUPPLEMENTAL  GENERIC  ENVIRONMENTAL  IMPACT
STATEMENT AS DETERMINED BY THE COMMISSIONER, INCLUDING AN APPROVED MITI-
GATION  PLAN.    FOR PURPOSES OF THIS SUBDIVISION, THE TERM SUPPLEMENTAL
GENERIC ENVIRONMENTAL IMPACT  STATEMENT  SHALL  MEAN  THE  "SUPPLEMENTAL
GENERIC  ENVIRONMENTAL  IMPACT  STATEMENT  ON  THE OIL, GAS AND SOLUTION
MINING REGULATORY PROGRAM -- WELL PERMIT ISSUANCE FOR HORIZONTAL  DRILL-
ING  AND HIGH-VOLUME HYDRAULIC FRACTURING TO DEVELOP THE MARCELLUS SHALE
AND OTHER LOW-PERMEABILITY GAS RESERVOIRS".
  4. NO PERMIT TO DRILL AN OIL OR GAS  WELL  SHALL  BE  ISSUED  FOR  THE
DRILLING  OF  ANY  OIL OR GAS WELL WITHIN TWO MILES OF THE NEW YORK CITY
WATER SUPPLY INFRASTRUCTURE. FOR PURPOSES OF THIS SUBDIVISION, THE  TERM
"NEW  YORK  CITY  WATER  SUPPLY  INFRASTRUCTURE"  SHALL MEAN FACILITIES,
EQUIPMENT, SITES, BUILDINGS, PIPES, PUMPS, TANKS AND  ANY  OTHER  STRUC-
TURES  USED FOR THE SUPPLY, CONTROL, TREATMENT, DISTRIBUTION, AND TRANS-
PORT OF DRINKING WATER FOR THE CITY OF NEW YORK.

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

co-Sponsors

multi-Sponsors

2009-A1322A - Details

Current Committee:
Assembly Rules
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §23-0501, En Con L
Versions Introduced in Other Legislative Sessions:
2011-2012: A4237
2013-2014: A5378

2009-A1322A - Summary

Establishes a moratorium on the issuance of permits for the drilling of wells and prohibits drilling within ten miles of the New York city water supply infrastructure.

2009-A1322A - Sponsor Memo

2009-A1322A - Bill Text download pdf

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

                                 1322--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  BRENNAN,  COLTON, HYER-SPENCER, SKARTADOS --
  Multi-Sponsored by -- M. of A. GOTTFRIED,  LIFTON,  MILLMAN,  PHEFFER,
  ROSENTHAL  -- read once and referred to the Committee on Environmental
  Conservation -- committee discharged, bill amended, ordered  reprinted
  as amended and recommitted to said committee

AN ACT to amend the environmental conservation law, in relation to envi-
  ronmental protection related to the drilling of oil and gas wells, and
  providing for the repeal of such provisions upon expiration thereof

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

  Section 1. Subdivision 3  of  section  23-0501  of  the  environmental
conservation  law is renumbered subdivision 5 and two new subdivisions 3
and 4 are added to read as follows:
  3. COMMENCING WITH THE EFFECTIVE DATE OF THIS SUBDIVISION, THERE SHALL
BE A MORATORIUM ON THE ISSUANCE OF  PERMITS  FOR  THE  DRILLING  OF  NEW
WELLS.
  4.  NO  PERMIT  TO  DRILL  AN  OIL OR GAS WELL SHALL BE ISSUED FOR THE
DRILLING OF ANY OIL OR GAS WELL WITHIN FIVE MILES OF THE NEW  YORK  CITY
WATER  SUPPLY INFRASTRUCTURE. FOR PURPOSES OF THIS SUBDIVISION, THE TERM
"NEW YORK CITY  WATER  SUPPLY  INFRASTRUCTURE"  SHALL  MEAN  FACILITIES,
EQUIPMENT,  SITES,  BUILDINGS,  PIPES, PUMPS, TANKS AND ANY OTHER STRUC-
TURES USED FOR THE SUPPLY, CONTROL, TREATMENT, DISTRIBUTION, AND  TRANS-
PORT OF DRINKING WATER FOR THE CITY OF NEW YORK.
  S  2.  This  act  shall  take  effect  immediately;  provided that the
provisions of subdivision 3 of  section  23-0501  of  the  environmental
conservation  law, as added by section one of this act, shall expire and
be deemed repealed two years after such date; and provided further, that
the provisions of subdivision 4 of section 23-0501 of the  environmental
conservation  law,  as  added by section one of this act, shall apply to
any application not yet approved  by  the  department  of  environmental
conservation on such effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

multi-Sponsors

2009-A1322B - Details

Current Committee:
Assembly Rules
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §23-0501, En Con L
Versions Introduced in Other Legislative Sessions:
2011-2012: A4237
2013-2014: A5378

2009-A1322B - Summary

Establishes a moratorium on the issuance of permits for the drilling of wells and prohibits drilling within ten miles of the New York city water supply infrastructure.

2009-A1322B - Sponsor Memo

2009-A1322B - Bill Text download pdf

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

                                 1322--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  BRENNAN,  COLTON, HYER-SPENCER, SKARTADOS --
  Multi-Sponsored by -- M. of A. GOTTFRIED,  LIFTON,  MILLMAN,  PHEFFER,
  ROSENTHAL  -- read once and referred to the Committee on Environmental
  Conservation -- committee discharged, bill amended, ordered  reprinted
  as  amended  and  recommitted  to said committee -- recommitted to the
  Committee on Environmental Conservation in  accordance  with  Assembly
  Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the environmental conservation law, in relation to envi-
  ronmental protection related to the drilling of oil and gas wells, and
  providing for the repeal of certain provisions upon expiration thereof

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

  Section  1.  Subdivision  3  of  section  23-0501 of the environmental
conservation law is renumbered subdivision 5 and two new subdivisions  3
and 4 are added to read as follows:
  3. COMMENCING WITH THE EFFECTIVE DATE OF THIS SUBDIVISION, THERE SHALL
BE  A  MORATORIUM  ON  THE  ISSUANCE  OF PERMITS FOR THE DRILLING OF NEW
WELLS.
  4. NO PERMIT TO DRILL AN OIL OR GAS  WELL  SHALL  BE  ISSUED  FOR  THE
DRILLING  OF  ANY OIL OR GAS WELL WITHIN FIVE MILES OF THE NEW YORK CITY
WATER SUPPLY INFRASTRUCTURE. FOR PURPOSES OF THIS SUBDIVISION, THE  TERM
"NEW  YORK  CITY  WATER  SUPPLY  INFRASTRUCTURE"  SHALL MEAN FACILITIES,
EQUIPMENT, SITES, BUILDINGS, PIPES, PUMPS, TANKS AND  ANY  OTHER  STRUC-
TURES  USED FOR THE SUPPLY, CONTROL, TREATMENT, DISTRIBUTION, AND TRANS-
PORT OF DRINKING WATER FOR THE CITY OF NEW YORK.
  S 2. This  act  shall  take  effect  immediately;  provided  that  the
provisions  of  subdivision  3  of  section 23-0501 of the environmental
conservation law, as added by section one of this act, shall expire  and
be deemed repealed two years after such date; and provided further, that

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

co-Sponsors

multi-Sponsors

2009-A1322C (ACTIVE) - Details

Current Committee:
Assembly Rules
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §23-0501, En Con L
Versions Introduced in Other Legislative Sessions:
2011-2012: A4237
2013-2014: A5378

2009-A1322C (ACTIVE) - Summary

Establishes a moratorium on the issuance of permits for the drilling of wells and prohibits drilling within ten miles of the New York city water supply infrastructure.

2009-A1322C (ACTIVE) - Sponsor Memo

2009-A1322C (ACTIVE) - Bill Text download pdf

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

                                 1322--C

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. BRENNAN, COLTON, HYER-SPENCER, SKARTADOS, LIFTON
  -- Multi-Sponsored by -- M. of A. GOTTFRIED, MILLMAN, PHEFFER,  ROSEN-
  THAL  --  read  once  and  referred  to the Committee on Environmental
  Conservation -- committee discharged, bill amended, ordered  reprinted
  as  amended  and  recommitted  to said committee -- recommitted to the
  Committee on Environmental Conservation in  accordance  with  Assembly
  Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended  and  recommitted  to  said  committee  --  again
  reported  from  said  committee  with amendments, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the environmental conservation law, in relation to envi-
  ronmental protection related to the drilling of oil and gas wells, and
  providing for the repeal of certain provisions upon expiration thereof

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

  Section  1.  Subdivision  3  of  section  23-0501 of the environmental
conservation law is renumbered subdivision 5 and two new subdivisions  3
and 4 are added to read as follows:
  3. COMMENCING WITH THE EFFECTIVE DATE OF THIS SUBDIVISION, THERE SHALL
BE  A  MORATORIUM  ON  THE  ISSUANCE  OF PERMITS FOR THE DRILLING OF NEW
WELLS.
  4. (A) NO PERMIT TO DRILL AN OIL OR GAS WELL USING HYDRAULIC  FRACTUR-
ING  SHALL  BE ISSUED FOR THE DRILLING OF ANY OIL OR GAS WELL WITHIN TEN
MILES OF:
  (I) THE NEW YORK CITY WATER SUPPLY INFRASTRUCTURE;
  (II) THE NEW YORK CITY WATERSHED; OR
  (III) 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00770-14-0
              

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