Assembly Bill A8512

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

                                  8512

                          I N  A S S E M B L Y

                            January 17, 2014
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  extraction  of  oil and gas; and to repeal section 23-0901 of such law
  relating to compulsory integration and utilization in oil and  natural
  gas pools and fields

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

  Section 1. Section 23-0301 of the environmental conservation  law,  as
amended  by  chapter  410  of  the  laws  of 1987, is amended to read as
follows:
S 23-0301. Declaration of policy.
  [It] NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, IT is hereby
declared to be in the  public  interest  to  regulate  the  development,
production  and  utilization of natural resources of oil and gas in this
state in such a manner as will [prevent waste] PROTECT  THE  ENVIRONMENT
AND  PUBLIC HEALTH OF THE RESIDENTS OF THE STATE, PROVIDE FOR THE DEVEL-
OPMENT AND EXTRACTION OF OIL AND GAS IN  A  SOUND  ENVIRONMENTAL  MANNER
THAT PREVENTS CONTAMINATION OF LAND AND WATER RESOURCES, AND PROVIDE FOR
THE  ENVIRONMENTALLY  SOUND  MANAGEMENT  AND  DISPOSAL OF WASTE PRODUCTS
RESULTING FROM THESE EXTRACTION ACTIVITIES; to authorize and to  provide
for  the  operation  and development of oil and gas properties in such a
manner that a greater ultimate recovery of oil and gas may be had[, and]
WITHOUT CREATING ADDITIONAL HARM OR CONTAMINATION  TO  THE  ENVIRONMENT,
that  the  correlative  rights  of  all  SURFACE LAND AND MINERAL RIGHTS
owners and the rights of all persons including landowners and the gener-
al public may be fully protected[,]; TO PROVIDE FOR THE FULL INVOLVEMENT
AND AUTHORITY OF LOCAL GOVERNMENT IN ALL  DECISIONS  RELATING  TO  THEIR
POWERS  FOR  LAND USE PLANNING, ZONING, REAL PROPERTY TAXATION AND LOCAL
ROADS; TO EMPOWER THE DEPARTMENT TO RETAIN JURISDICTION ONLY FOR  ACTIV-
ITIES DIRECTLY RELATED TO THE ON-SITE DRILLING AND EXTRACTION OF GAS AND
OIL;  and  to  provide in similar fashion for the underground storage of
gas, the solution mining of salt and geothermal, stratigraphic and brine
disposal wells.

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

                                                           LBD08009-01-3

A. 8512                             2

  S 2. Subdivision 2 of section 23-0303 of the  environmental  conserva-
tion  law,  as  added  by chapter 846 of the laws of 1981, is amended to
read as follows:
  2.  The  provisions of this article shall [supersede all local laws or
ordinances relating to the regulation  of  the  oil,  gas  and  solution
mining  industries;  but shall] not supersede local government jurisdic-
tion over LAND USE PLANNING, ZONING, local roads or the rights of  local
governments under the real property tax law.
  S  3.    Section  23-0901  of  the  environmental  conservation law is
REPEALED.
  S 4. This act shall take effect immediately.