Senate Bill S3472

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

                                  3472

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 4, 2013
                               ___________

Introduced  by  Sen.  O'MARA -- 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
  establishing  the  New  York  state indigenous natural gas value added
  task force; and providing for the repeal of such provisions upon expi-
  ration thereof

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

  Section  1.  Legislative  findings.   The legislature hereby finds and
declares that within New York state lies the Marcellus shale which is  a
black  shale  formation  extending  deep  underground from Ohio and West
Virginia northeast into Pennsylvania and southern New York. According to
the New York state department of environmental conservation some  geolo-
gists  estimate  that  the  entire  Marcellus  shale  formation contains
between 168 trillion to 516 trillion cubic feet of natural gas  through-
out  its entire extent. It is not yet known how much gas will be commer-
cially recoverable from the Marcellus shale in New York state. New  York
state  currently  uses 1.1 trillion cubic feet of natural gas a year. In
order for New York state to derive the  full  value  of  this  commodity
located  in  the state, we need to utilize the gas in New York state for
manufacturing and other value added activities.
  S 2. Article 19 of the environmental conservation law  is  amended  by
adding a new title 13 to read as follows:
                                 TITLE 13
      NEW YORK STATE INDIGENOUS NATURAL GAS VALUE ADDED TASK FORCE
SECTION  19-1301. NEW YORK STATE INDIGENOUS NATURAL GAS VALUE ADDED TASK
                    FORCE.
        19-1303. TASK FORCE COMPOSITION.
        19-1305. POWERS AND DUTIES OF THE TASK FORCE.
S 19-1301. NEW YORK STATE INDIGENOUS NATURAL GAS VALUE ADDED TASK FORCE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08542-01-3

              

S. 3472                             2

  1. THE NEW YORK STATE INDIGENOUS NATURAL GAS VALUE ADDED TASK FORCE IS
HEREBY ESTABLISHED.
  THE  ROLE  OF  THE  TASK  FORCE  SHALL INCLUDE, BUT NOT BE LIMITED TO,
CONDUCTING AN IN-DEPTH EXAMINATION OF ISSUES RELATED TO THE VALUE  ADDED
OPPORTUNITIES FOR INDIGENOUS NATURAL GAS IN NEW YORK STATE.
S 19-1303. TASK FORCE COMPOSITION.
  1.  THE  TASK FORCE SHALL CONSIST OF A TOTAL OF NINE MEMBERS AND SHALL
INCLUDE THE COMMISSIONER, THE COMMISSIONER OF ECONOMIC DEVELOPMENT,  THE
PRESIDENT OF THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORI-
TY,  THE  CHAIR OF THE PUBLIC SERVICE COMMISSION, THE EXECUTIVE DIRECTOR
OF THE FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION, AND ONE MEMBER
EACH APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER  OF
THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE, AND THE MINORITY LEADER
OF THE ASSEMBLY.
  2.  THE  COMMISSIONER  OR  HIS  OR HER DESIGNATED REPRESENTATIVE SHALL
SERVE AS CHAIRPERSON OF THE TASK FORCE.
  3. FOR THE PURPOSES OF THIS SECTION, NON-GOVERNMENTAL APPOINTEES SHALL
BE CONSIDERED OFFICERS OR EMPLOYEES OF  PUBLIC  ENTITIES  AND  SHALL  BE
AFFORDED  SUCH  DEFENSE  AND  INDEMNIFICATION  PROVIDED UNDER THE PUBLIC
OFFICERS LAW.
  4. THE MEMBERS OF THE TASK FORCE SHALL  RECEIVE  NO  COMPENSATION  FOR
THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
  5.  NO  APPOINTED  MEMBER  OF  THE  TASK  FORCE SHALL BE AN ELECTED OR
APPOINTED PUBLIC OFFICER.
S 19-1305. POWERS AND DUTIES OF THE TASK FORCE.
  1. THE TASK FORCE SHALL MEET QUARTERLY, OR AT THE CALL OF  THE  CHAIR-
PERSON.
  2.  IN  RECOGNITION  OF THE IMPORTANCE OF THE VALUE ADDED POTENTIAL OF
THE MARCELLUS SHALE NATURAL GAS, THE TASK FORCE  MAY  CONSULT  WITH  ANY
ORGANIZATION, EDUCATIONAL INSTITUTION, OTHER GOVERNMENT ENTITY OR AGENCY
OR PERSON IN THE DEVELOPMENT OF ITS RECOMMENDATIONS.
  3.  THE  DEPARTMENT SHALL PROVIDE THE TASK FORCE WITH SUCH FACILITIES,
ASSISTANCE AND DATA AS WILL ENABLE THE  TASK  FORCE  TO  CARRY  OUT  ITS
POWERS  AND  DUTIES.  ADDITIONALLY,  ALL  OTHER AGENCIES OF THE STATE OR
SUBDIVISIONS THEREOF MAY, AT THE REQUEST OF THE CHAIRPERSON, PROVIDE THE
TASK FORCE WITH SUCH FACILITIES, ASSISTANCE, AND DATA TO ENABLE THE TASK
FORCE TO CARRY OUT ITS POWERS AND DUTIES.
  4. WITHIN TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS TITLE, THE  TASK
FORCE SHALL ISSUE A DRAFT REPORT ON THE VALUE ADDED OPPORTUNITIES OF THE
MARCELLUS SHALE NATURAL GAS.
  COPIES  OF  THE  REPORT SHALL ALSO BE MADE AVAILABLE TO THE PUBLIC AND
POSTED ON THE DEPARTMENT'S WEBSITE AND NOTICE  OF  THE  AVAILABILITY  OF
SUCH PLAN SHALL BE PUBLISHED IN THE ENVIRONMENTAL NOTICE BULLETIN.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law and shall expire and be  deemed  repealed  five  years
after such effective date.