Assembly Bill A7986

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

                                  7986

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 25, 2011
                               ___________

Introduced  by M. of A. SWEENEY -- read once and referred to the Commit-
  tee 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.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02910-01-1
              

A. 7986                             2

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.