senate Bill S2558

2011-2012 Legislative Session

Relates to the powers and duties of the commissioner and the department of environmental conservation relating to the pollution of fresh water supplies

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to environmental conservation
Jan 25, 2011 referred to environmental conservation

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S2558 - Bill Details

See Assembly Version of this Bill:
A3125
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง23-0305, En Con L
Versions Introduced in 2009-2010 Legislative Session:
A11494

S2558 - Bill Texts

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Relates to the powers and duties of the commissioner and the department of environmental conservation relating to the pollution of fresh water supplies by oil, gas, salt water or other contaminants, and to how the rules and regulations shall also apply equally to all wells in the state.

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BILL NUMBER:S2558

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to the powers
and duties of the commissioner and the department of environmental
conservation relating to the pollution of fresh water supplies

PURPOSE OR GENERAL IDEA OF BILL:
To ensure that all fresh water sources throughout the state receive
the same level of protection with respect to drilling for oil and
natural gas.

SUMMARY OF SPECIFIC PROVISIONS:
Paragraph d of subdivision 8 and paragraph b of subdivision of
section 23-0305 of the
environmental conservation law, as amended by chapter 846 of the laws
of 1981, are amended to mandate, that rules and regulations
promulgated by the DEC to prevent or remedy the pollution of fresh
water supplies by oil, gas, saltwater or other contaminants apply
equally to all wells in New York.

JUSTIFICATION:
This bill will ensure that all New York residents have the same level
of protection against contamination to their water supplies posed by
drilling in the Marcellus Shale formation.

PRIOR LEGISLATIVE HISTORY:
A.11494 of 2010

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  2558

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 25, 2011
                               ___________

Introduced  by  Sen.  SEWARD -- 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  the
  powers  and  duties of the commissioner and the department of environ-
  mental conservation relating to the pollution of fresh water supplies

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

  Section 1. Paragraph d of subdivision 8 and paragraph b of subdivision
9  of  section 23-0305 of the environmental conservation law, as amended
by chapter 846 of the laws of 1981, are amended to read as follows:
  d. Require the drilling, casing, operation, plugging and replugging of
wells and reclamation of surrounding land in accordance with  rules  and
regulations of the department in such manner as to prevent or remedy the
following,  including  but not limited to: the escape of oil, gas, brine
or water out of one stratum into another; the intrusion  of  water  into
oil  or  gas  strata other than during enhanced recovery operations; the
pollution of fresh water supplies by  oil,  gas,  salt  water  or  other
contaminants;  and blowouts, cavings, seepages and fires.  THE RULES AND
REGULATIONS PROMULGATED BY THE  DEPARTMENT  TO  PREVENT  OR  REMEDY  THE
POLLUTION  OF  FRESH  WATER  SUPPLIES  BY  OIL, GAS, SALT WATER OR OTHER
CONTAMINANTS SHALL APPLY EQUALLY TO ALL WELLS IN THE STATE.
  b. Require the drilling, casing, operation and plugging  of  wells  in
accordance with rules and regulations of the department in such a manner
as  to  prevent the loss or escape of oil or gas reserves to the surface
or to other strata; the intrusion of brine or water into commercial  oil
or  gas  reserves;  the pollution of fresh water supplies by oil, gas or
salt water, and to facilitate the efficient use of  ground  and  surface
waters in solution mining.  THE RULES AND REGULATIONS PROMULGATED BY THE
DEPARTMENT TO PREVENT OR REMEDY THE POLLUTION OF FRESH WATER SUPPLIES BY
OIL,  GAS,  SALT  WATER OR OTHER CONTAMINANTS SHALL APPLY EQUALLY TO ALL
WELLS IN THE STATE.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07759-01-1

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