senate Bill S447

2013-2014 Legislative Session

Assigns liability to a producer for actions leading to a public water system's failure to meet filtration avoidance criteria resulting in the loss of filtration

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to environmental conservation
Jan 09, 2013 referred to environmental conservation

S447 - Details

See Assembly Version of this Bill:
A1529
Law Section:
Environmental Conservation Law
Laws Affected:
Add §23-0315, En Con L; add §1170, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
S4834, A6922

S447 - Summary

Assigns liability to a producer for actions leading to a public water system's failure to meet filtration avoidance criteria resulting in the loss of a filtration avoidance criteria waiver.

S447 - Sponsor Memo

S447 - Bill Text download pdf

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

                                   447

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  AVELLA -- 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 and the public health
  law, in relation to assigning liability  to  a  producer  for  actions
  leading  to  a public water system's failure to meet filtration avoid-
  ance criteria

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

  Section  1.  The environmental conservation law is amended by adding a
new section 23-0315 to read as follows:
S 23-0315. PRODUCER'S LIABILITY;  FILTRATION  ARBITRATION  DETERMINATION
              WAIVERS.
  1.  A PRODUCER, AS DEFINED IN SECTION 23-0101 OF THIS ARTICLE, GRANTED
A PERMIT PURSUANT TO THE PROVISIONS OF THIS ARTICLE,  FOR  THE  EXPLORA-
TION,  DRILLING  OR  DEVELOPMENT OF WELLS THAT PRODUCE OIL, GAS, SALT OR
HYDROCARBON MIXTURE, SHALL BE HELD  LIABLE  FOR  ACTIONS,  PERFORMED  OR
COMPLETED  WHILE  IN THE PROCESS OF EXPLORATION, DRILLING OR DEVELOPMENT
OF A WELL, THAT DIRECTLY RESULT IN THE FAILURE OF A PUBLIC WATER  SYSTEM
TO MEET ALL OF THE EXISTING FILTRATION AVOIDANCE CRITERIA ESTABLISHED BY
40  C.F.R. S 141.71 AND ANY OTHER FEDERAL OR STATE RULES OR REGULATIONS,
AND FURTHER RESULTS IN THE  FAILURE  OF  SUCH  PUBLIC  WATER  SYSTEM  TO
RECEIVE OR RENEW A FILTRATION AVOIDANCE DETERMINATION WAIVER.
  2.  ANY  PERSON  WHO  VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
LIABLE FOR SUCH CIVIL PENALTIES OR  SANCTIONS  AS  PROVIDED  IN  SECTION
71-1307  OF  THIS CHAPTER, AND FOR ANY ADDITIONAL CIVIL DAMAGES OR FINES
ASSOCIATED TO SUCH VIOLATION.
  3. THE COMMISSIONER SHALL ORDER AN IMMEDIATE  SUSPENSION  OF  EXPLORA-
TION,  DRILLING  OR  DEVELOPMENT OPERATIONS WHENEVER SUCH ACTIONS ARE IN
VIOLATION OF THIS SECTION. ANY ORDER ISSUED PURSUANT TO THIS SUBDIVISION
SHALL BE REVIEWED UPON APPLICATION OF AN AGGRIEVED PARTY BY MEANS OF  AN

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

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