NY State Senate Bill 2009-S4233

Senate Bill S4233

2009-2010 Legislative Session

Prohibits oil or natural gas drilling operations or pipelines on the lands under the waters of Lake Ontario and Lake Erie

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to environmental conservation
Apr 17, 2009	referred to environmental conservation

2009-S4233 (ACTIVE) - Details

See Assembly Version of this Bill:: A542
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§15-0503, 15-0505, 23-1101 & 23-0305, En Con L

2009-S4233 (ACTIVE) - Summary

Prohibits oil or natural gas drilling operations or pipelines on or beneath the lands under the waters of Lake Ontario and Lake Erie, the connecting bays and harbors of such lakes, the connecting waterways of such lakes or along their shorelines; applies to all contracts; includes leases, entered into or renewed on and after January 1, 2010 and does not apply to contracts, including leases, then in force and those entered into before such date.

2009-S4233 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4233

 TITLE OF BILL :
An act to amend the environmental conservation law, in relation to oil
or natural gas drilling operations or pipelines under certain water
bodies


 PURPOSE OR GENERAL IDEA OF BILL :
This bill prohibits oil or natural gas drilling operations or
pipelines on the lands under the water of Lake Ontario and Lake Erie

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1 amends paragraph b of subdivision 1 of section 15-0503 of
the environmental conservation law and adds a new subdivision 6.
Section 2 amends subdivision 6 of section 15-0505 of the environmental
conservation law and adds a new subdivision 8. Section 3 amends
paragraphs a and b of subdivision 1 and the opening paragraph of
subdivision 3 of section 23-1101 of the environmental conservation
law. Section 4 amends paragraphs a and b of subdivision 12 of section
23-0305 of the environmental conservation law.

 JUSTIFICATION :
Directional drilling threatens the Great Lakes, by damaging the unique
ecosystem found along the shoreline, adding toxic pollutants to the
environment and threatening public health. Congress is withholding

federal funding and permits for oil and gas drilling in the Great
Lakes for two years. States in the Great Lakes, such as Michigan,
Wisconsin and Ohio, are using this two-year window to permanently
protect the Great Lakes through state legislation that bans
directional drilling. By prohibiting natural gas drilling, the State
of New York would be protecting New York's largest and most crucial
drinking water source. Recreational uses of the Great Lakes will be
safer without potentially dangerous pipelines beneath the lake and
along the shoreline. A ban on directional drilling under the Lakes
will also encourage increased energy efficiency and the development of
renewable energy resources.

 PRIOR LEGISLATIVE HISTORY :
New Bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
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.

2009-S4233 (ACTIVE) - Bill Text download pdf

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

                                  4233

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 17, 2009
                               ___________

Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental 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
CONNECTING BAYS AND HARBORS OF SUCH LAKES, THE CONNECTING  WATERWAYS  OF
SUCH LAKES OR ALONG THEIR SHORELINES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02865-01-9

S. 4233                             2

  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
for  the termination of such discharge, unless the department determines

S. 4233                             3

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.

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