NY State Senate Bill 2011-S3483

Senate Bill S3483

2011-2012 Legislative Session

Requires permit holders to test groundwater prior to and after drilling wells for oil and natural gas

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to environmental conservation
Feb 23, 2011	referred to environmental conservation

2011-S3483 (ACTIVE) - Details

See Assembly Version of this Bill:: A7986
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §23-0501, En Con L
Versions Introduced in 2009-2010 Legislative Session:: S7861, A8784

2011-S3483 (ACTIVE) - Summary

Requires permit holders to test groundwater prior to and after drilling wells for oil and natural gas.

2011-S3483 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3483

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to the testing
of water when drilling oil and natural gas wells

PURPOSE:
This bill will require testing of surrounding groundwater before and
after drilling oil or natural gas wells.

SUMMARY OF PROVISIONS:
Section one would:

* require permit holders to test the quality of ground and surface
water sources within a thousand foot radius of the drilling area and
on all water wells in the production unit, unless the Department of
Environmental Conservation (DEC) determines that an expanded radius
is required;

* require such testing to occur prior to drilling, following any
hydro-facturing, prior to well completion and annually for producing
wells;

* define "compounds or contaminants of concern" to include at a
minimum, the ingredients contained in hydro fracturing fluids and

chemical treatment;

* establish liability for the permit holder if the post
drilling/hydro-fracturing test results indicate contamination or
decreased flow rate; and,

* require DEC to promulgate methane and "compounds or contaminants of
concern" regulations.

Section two contains the effective date.

JUSTIFICATION:
In 2008, the Assembly held a series of hearings to address
water-related issues and also held a hearing on oil and gas drilling.
Many individuals expressed concern about the potential impact of oil
and gas drilling on water supplies. Representatives of the oil and
gas industry testified that most companies currently do water testing
prior to drilling. This legislation would codify a water testing
requirement to include both pre-drilling and post-drilling testing
criteria. In addition to concerns about drinking water quality, there
are also other potential areas of concern. In Dimock, Pennsylvania, a
home exploded after nearby drilling caused methane to build up in the
water well. The ignition of the well pump caused a spark that ignited
the methane and resulted in the explosion. This legislation would
include testing for methane levels and flow rates prior to and after

testing. In addition, this legislation would establish liability
provisions.

LEGISLATIVE HISTORY:
05/18/10 REFERRED TO ENVIRONMENTAL CONSERVATION

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
Sixty days after becoming law. The DEC will have 120 days to
promulgate rules and regulations.

2011-S3483 (ACTIVE) - Bill Text download pdf

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

                                  3483

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 23, 2011
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Environmental Conser-
  vation

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

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

S. 3483                             2

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.

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