S T A T E   O F   N E W   Y O R K
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                                   542

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. HOYT, BRODSKY, CAHILL, ENGLEBRIGHT, GLICK, JOHN,
  MILLMAN, ROBINSON -- read once and referred to the Committee on  Envi-
  ronmental Conservation

AN  ACT  to amend the environmental conservation law, in relation to oil
  or natural gas drilling operations or pipelines  under  certain  water
  bodies

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

  Section 1. Paragraph b of subdivision 1  of  section  15-0503  of  the
environmental conservation law, as amended by chapter 364 of the laws of
1999, is amended and a new subdivision 6 is added to read as follows:
  b. Except where a lease or other appropriate conveyance of an interest
authorizing  the  use  and occupancy of state-owned lands underwater has
been obtained from the commissioner  of  general  services  pursuant  to
subdivision  seven  of  section seventy-five of the public lands law, no
dock, wharf, platform, breakwater, mooring, or other  structure  in,  on
[or],  above  OR  BELOW  waters  shall  be erected, placed, constructed,
reconstructed, or expanded after the effective date of this paragraph by
any person or local public corporation without a permit issued  pursuant
to  subdivision  2  of this section. The term "reconstructed" as used in
relation to docks, wharves, platforms,  breakwaters,  mooring  or  other
structures  pursuant  to  this  paragraph  shall  mean  the  substantial
rebuilding of structures or facilities and shall not apply  to  ordinary
maintenance  or  repair of existing functional structures or facilities,
such as repainting, redriving pilings  or  replacing  broken  boards  in
docks.
  6.  NOTWITHSTANDING THE PROVISIONS OF THIS CHAPTER OR ANY OTHER LAW TO
THE CONTRARY, NO DRILLING OPERATIONS OR PIPELINES FOR  THE  EXPLORATION,
PRODUCTION  OR  REMOVAL  OF  OIL OR NATURAL GAS SHALL BE PERMITTED ON OR
BENEATH THE LANDS UNDER THE WATERS OF LAKE ERIE  OR  LAKE  ONTARIO,  THE

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

                                                           LBD02865-01-9

A. 542                              2

CONNECTING  BAYS  AND HARBORS OF SUCH LAKES, THE CONNECTING WATERWAYS OF
SUCH LAKES OR ALONG THEIR SHORELINES.
  S  2.  Subdivision 6 of section 15-0505 of the environmental conserva-
tion law, as amended by chapter 233 of the laws of 1979, is amended  and
a new subdivision 8 is added to read as follows:
  6.  The  provisions  of  subdivisions  1,  2, 3 [and], 4 AND 8 of this
section shall not apply to emergency work in waters described in  subdi-
vision  1  of this section which is immediately necessary to protect the
health, safety and well-being of any person or  persons  or  to  prevent
damage  to  personal  or  real property, provided that the department is
given written  notification  by  registered  mail  or  telegraph  within
forty-eight  hours  after the commencement of the work and within forty-
eight hours following the completion of the work. Whenever such emergen-
cy work is performed as  provided  in  this  subdivision,  it  shall  be
performed  in  a  manner that will cause the least change, modification,
disturbance or damage to the environment.
  8.  NOTWITHSTANDING THE PROVISIONS OF THIS CHAPTER OR ANY OTHER LAW TO
THE CONTRARY, NO PERSON, LOCAL PUBLIC CORPORATION OR INTERSTATE AUTHORI-
TY SHALL EXCAVATE OR PLACE FILL FROM OR  BENEATH  THE  LANDS  UNDER  THE
WATERS  OF LAKE ERIE OR LAKE ONTARIO, THE CONNECTING BAYS AND HARBORS OF
SUCH LAKES, THE CONNECTING WATERWAYS OF SUCH LAKES OR ALONG THEIR SHORE-
LINES.
  S 3. Paragraphs a and b of subdivision 1 and the opening paragraph  of
subdivision  3 of section 23-1101 of the environmental conservation law,
as added by chapter 722 of the laws of 1977,  are  amended  to  read  as
follows:
  a.  The  exploration, development and production of gas in state-owned
lands, except state park lands and the lands under the  waters  of  Lake
Ontario OR LAKE ERIE, THE CONNECTING BAYS AND HARBORS OF SUCH LAKES, THE
CONNECTING WATERWAYS OF SUCH LAKES or along [its shoreline] THEIR SHORE-
LINES; and
  b.  The  exploration, development and production of oil in state-owned
lands, except state park lands and the lands under the  waters  of  Lake
Erie  and  Lake  Ontario, THE CONNECTING BAYS AND HARBORS OF SUCH LAKES,
THE CONNECTING WATERWAYS OF SUCH LAKES or along their shorelines.
  In addition to the requirements contained in paragraphs a, c and e  of
subdivision  two  of  this  section, all gas leases, IN FORCE OR ENTERED
INTO PRIOR TO JANUARY FIRST, TWO THOUSAND TEN, with respect to the lands
under the waters of Lake Erie shall:
  S 4. Paragraphs a and b of subdivision 12 of section  23-0305  of  the
environmental conservation law, as amended by chapter 722 of the laws of
1977  and  such  subdivision as renumbered by chapter 846 of the laws of
1981, are amended to read as follows:
  a. This state shall indemnify all municipalities adjacent to Lake Erie
within the state of New York for expenses of restoration of fresh  water
supplies,  cleanup  of  beaches,  piers  and similar facilities, and for
liability claims arising from  any  discharge  or  spill  occasioned  by
exploration,  drilling  or  production  of  operations COMMENCED UNDER A
CONTRACT, INCLUDING A LEASE, IN FORCE OR ENTERED INTO PRIOR  TO  JANUARY
FIRST, TWO THOUSAND TEN.
  b. If any oil or other hazardous substance is discharged in the course
of  drilling  for  or  piping  natural  gas  COMMENCED UNDER A CONTRACT,
INCLUDING A LEASE, IN FORCE OR ENTERED INTO PRIOR TO JANUARY FIRST,  TWO
THOUSAND  TEN  so  as  to  pollute  the waters or endanger other natural
resources of the state, the department shall immediately act  to  remove
or arrange for the removal of such substance and to terminate or arrange

A. 542                              3

for  the termination of such discharge, unless the department determines
that such removal or termination will be done properly and expeditiously
by the lessee, owner or operator of the drilling or piping operation.
  S 5. This act shall take effect January 1, 2010 and shall apply to all
contracts,  including  leases, entered into or renewed on and after such
date and shall not apply to contracts, including leases, then  in  force
and  those  entered  into  before  such date; provided that any rules or
regulations necessary for the timely implementation of the provisions of
this act on its effective date shall be promulgated on  or  before  such
date.