|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to environmental conservation|
|Jan 09, 2013||referred to environmental conservation|
senate Bill S447
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S447 - Details
S447 - Sponsor Memo
BILL NUMBER:S447 TITLE OF BILL: 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 avoidance criteria PURPOSE OR GENERAL IDEA OF BILL: To assign liability to a producer for actions taken during the exploration, drilling or development of wells that produce oil gas, salt or hydrocarbon mixture, which result in an adverse impact on a public water system. SUMMARY OF SPECIFIC PROVISIONS: Section 1. The environmental conservation law is amended by adding a new section 23-0315. Subdivision (1) assigns producer liability with regards to actions performed or completed during the course of exploration, drilling or development of wells that produce, oil, gas, salt or hydrocarbon mixture, that directly result in a public water system failing to meet all of the existing filtration avoidance criteria established by 40 C.F.R. §141.71. Subdivision (2) stipulates that violators shall be held liable for
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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