S T A T E   O F   N E W   Y O R K
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                                  8784

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 8, 2009
                               ___________

Introduced  by M. of A. SWEENEY, CAHILL, JAFFEE, STIRPE, COLTON, FIELDS,
  REILLY -- Multi-Sponsored by -- M. of  A.  BRADLEY,  BRENNAN,  CASTRO,
  CHRISTENSEN,  COOK,  GLICK,  GOTTFRIED,  HEVESI,  JOHN, MAGEE, MAISEL,
  MAYERSOHN, MILLMAN,  PERRY,  PHEFFER,  WEISENBERG  --  read  once  and
  referred to the Committee on Environmental Conservation

AN  ACT  to amend the environmental conservation law, in relation to the
  testing of water when drilling oil and natural gas wells

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

  Section  1.  Section  23-0501 of the environmental conservation law is
amended by adding five new subdivisions 4, 5, 6, 7  and  8  to  read  as
follows:
  4.  AFTER  RECEIVING  A  PERMIT  PURSUANT  TO  THIS TITLE AND PRIOR TO
COMMENCING ANY DRILLING ON THE SITE, THE PERMIT  HOLDER  SHALL  CAUSE  A
TEST  TO  BE  PERFORMED ON GROUND AND SURFACE WATER SOURCES WITHIN A ONE
THOUSAND FOOT RADIUS OF THE WELLBORE AND  ON  ALL  WATER  WELLS  IN  THE
PRODUCTION  UNIT UNLESS THE DEPARTMENT DETERMINES THAT CRITERIA, INCLUD-
ING, BUT NOT LIMITED TO SITE HYDROLOGY, REQUIRE AN EXPANDED RADIUS.  FOR
THE  PURPOSE  OF THIS SECTION "TEST OF GROUND AND SURFACE WATER SOURCES"
SHALL MEAN WATER  SAMPLING  TO  DETERMINE  FLOW  RATE  AND  TO  IDENTIFY
COMPOUNDS  OR  CONTAMINANTS  OF  CONCERN.   COMPOUNDS OR CONTAMINANTS OF
CONCERN SHALL INCLUDE INGREDIENTS CONTAINED  IN  HYDROFRACTURING  FLUIDS
AND  CHEMICAL  TREATMENT,  AND  ANY OTHER CONTAMINANTS IDENTIFIED BY THE
DEPARTMENT. IN DEVELOPING THE LIST OF CONTAMINANTS THE DEPARTMENT  SHALL
CONSULT WITH THE STATE AND COUNTY DEPARTMENTS OF HEALTH.  COPIES OF SUCH
TESTS  SHALL  BE  PROVIDED TO LANDOWNERS WITHIN THE TESTING RADIUS.  THE
COST OF SUCH TEST SHALL BE BORNE BY THE PERMIT HOLDER.   ANY  LANDOWNER,
OTHER THAN THE PERMIT HOLDER OR HIS OR HER EMPLOYEES, MAY REFUSE TO HAVE
ANY  TESTS  REQUIRED  BY  THIS SUBDIVISION PERFORMED ON HIS OR HER LAND.
SUCH REFUSAL SHALL BE IN WRITING AND SHALL RELIEVE THE PERMIT HOLDER  OF
HIS OR HER TESTING OBLIGATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07587-07-9
              

A. 8784                             2

  5. UPON WELL COMPLETION AND PRIOR TO ANY PRODUCTION AND ALSO AFTER ANY
SUBSEQUENT  HYDROFRACTURING  AND/OR CHEMICAL TREATMENT THE PERMIT HOLDER
SHALL CAUSE A TEST TO BE PERFORMED ON GROUND AND SURFACE  WATER  SOURCES
WITHIN A ONE THOUSAND FOOT RADIUS OF THE WELLBORE AND ALL WATER WELLS IN
THE  PRODUCTION  UNIT  UNLESS  THE  DEPARTMENT DETERMINES THAT CRITERIA,
INCLUDING, BUT NOT LIMITED TO SITE HYDROLOGY, REQUIRE AN EXPANDED  RADI-
US. ANY LANDOWNER, OTHER THAN THE PERMIT HOLDER OR HIS OR HER EMPLOYEES,
MAY  REFUSE  TO HAVE ANY TESTS REQUIRED BY THIS SUBDIVISION PERFORMED ON
HIS OR HER LAND.  SUCH REFUSAL SHALL BE IN WRITING AND SHALL RELIEVE THE
PERMIT HOLDER OF HIS OR HER TESTING OBLIGATION.   COPIES OF  SUCH  TESTS
SHALL  BE PROVIDED TO THE LANDOWNERS WITHIN THE TESTING RADIUS. THE COST
OF SUCH TEST SHALL BE BORNE BY THE PERMIT HOLDER.
  6. PERMIT HOLDERS OF PRODUCING WELLS SHALL CAUSE AN ANNUAL TEST TO  BE
PERFORMED  ON  THE  QUALITY OF GROUND AND SURFACE WATER SOURCES WITHIN A
ONE THOUSAND FOOT RADIUS OF THE WELLBORE AND ON ALL WATER WELLS  IN  THE
PRODUCTION  UNIT  UNLESS THE DEPARTMENT DETERMINES THAT CRITERIA INCLUD-
ING, BUT NOT LIMITED TO SITE HYDROLOGY REQUIRE AN EXPANDED  RADIUS.  ANY
LANDOWNER,  OTHER  THAN  THE  PERMIT HOLDER OR HIS OR HER EMPLOYEES, MAY
REFUSE TO HAVE ANY TESTS REQUIRED BY THIS SUBDIVISION PERFORMED  ON  HIS
OR  HER  LAND.  SUCH  REFUSAL  SHALL BE IN WRITING AND SHALL RELIEVE THE
PERMIT HOLDER OF HIS OR HER TESTING OBLIGATION. TEST  RESULTS  SHALL  BE
PROVIDED  TO LANDOWNERS WITHIN THE TESTING RADIUS. THE COST OF SUCH TEST
SHALL BE BORNE BY THE PERMIT HOLDER.
  7. IF THE RESULTS OF A TEST PERFORMED PURSUANT TO SUBDIVISION FIVE  OR
SIX  OF  THIS SECTION SHOW: (A) THAT THE GROUND OR SURFACE WATER SOURCES
CONTAIN COMPOUNDS OR CONTAMINANTS OF CONCERN THAT ARE  IN  VIOLATION  OF
THE  STATE  SANITARY CODE OR THE FEDERAL SAFE DRINKING WATER ACT, OR (B)
WITH REGARD TO METHANE OR ANY OTHER COMPOUND OR CONTAMINANT OF  CONCERN,
THAT  THERE  HAS  BEEN  A  VIOLATION OF THE STANDARDS PROMULGATED BY THE
DEPARTMENT PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION,  OR  (C)  THAT
FLOW  RATE  HAS BEEN ADVERSELY AFFECTED; THEN THE PERMIT HOLDER SHALL BE
LIABLE FOR:
  (I) ALL COSTS OF REMOVAL OR REMEDIAL ACTION INCLUDING  THOSE  INCURRED
BY  THE  STATE,  MUNICIPALITY, OR ENTITY INVOLVED IN THE CLEAN-UP OF THE
WATER SOURCE;
  (II) ANY OTHER NECESSARY COSTS OF  RESPONSE  INCURRED  BY  THE  STATE,
MUNICIPALITY,  OR  ENTITY,  OR  BY  ANY OTHER PERSON ASSOCIATED WITH THE
CLEAN-UP OF THE WATER SOURCE;
  (III) DAMAGES FOR INJURY  TO,  DESTRUCTION  OF,  OR  LOSS  OF  NATURAL
RESOURCES,  INCLUDING  THE  REASONABLE  COST  OF  ASSESSING SUCH INJURY,
DESTRUCTION, OR LOSS, RESULTING FROM  THE  CONTAMINATION  OF  THE  WATER
SOURCE; AND
  (IV) THE COST OF ANY HEALTH ASSESSMENT OR HEALTH EFFECTS STUDY CARRIED
OUT UNDER 42 U.S.C. S 9604, OR SIMILAR STATE STATUTE.
  8.  THE  DEPARTMENT,  IN  CONSULTATION  WITH THE DEPARTMENT OF HEALTH,
SHALL PROMULGATE RULES AND REGULATIONS ESTABLISHING STANDARDS FOR  METH-
ANE AND OTHER COMPOUNDS OR CONTAMINANTS OF CONCERN.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law. The department of  environmental  conservation  shall
have 120 days to promulgate rules and regulations.