S T A T E   O F   N E W   Y O R K
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                                  4799

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2015
                               ___________

Introduced  by  M. of A. QUART -- Multi-Sponsored by -- M. of A. COLTON,
  ENGLEBRIGHT, GLICK, GOTTFRIED, LAVINE, O'DONNELL,  RIVERA,  ROSENTHAL,
  RYAN,  SCHIMEL,  SEPULVEDA,  THIELE  --  read once and referred to the
  Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  requiring  the radon level of gas produced, sold, purchased, acquired,
  stored or injected to be tested  and  to  prohibit  certain  gas  from
  entering the distribution system

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

  Section 1. Subdivision 8  of  section  23-0305  of  the  environmental
conservation  law  is  amended  by  adding  a new paragraph l to read as
follows:
  1. (1) REQUIRE GAS PRODUCED,  SOLD,  PURCHASED,  ACQUIRED,  STORED  OR
INJECTED  IN  THE STATE TO BE TESTED TO DETERMINE THE RADON LEVEL IN THE
GAS.
  (2) PROHIBIT ANY GAS WITH A RADON LEVEL  GREATER  THAN  2  PCI/L  FROM
ENTERING  THE  GAS  DISTRIBUTION  SYSTEM ON AND AFTER JANUARY FIRST, TWO
THOUSAND SIXTEEN.
  (3) REQUIRE ANY COMPANY  PRODUCING,  SELLING,  PURCHASING,  ACQUIRING,
STORING OR INJECTING GAS IN THE STATE TO MONITOR THE RADON LEVEL IN SUCH
GAS  WITHIN  THE STATE IN ACCORDANCE WITH REGULATIONS ESTABLISHED BY THE
DEPARTMENT.
  (I) RADON LEVELS SHALL BE MONITORED AT THE  WELLHEAD  IF  THE  GAS  IS
ORIGINATING  WITHIN  THE STATE. IF THE GAS IS NOT ORIGINATING WITHIN THE
STATE, THEN MONITORING SHALL OCCUR AT  THE  FIRST  METERING  STATION  OR
COMPRESSOR STATION WITHIN THE STATE BORDERS.
  (II)  MONITORING  SHALL BE CONTINUOUS AND AN AUTOMATIC SHUTDOWN PROCE-
DURE SHALL BE IMPLEMENTED ANY TIME THERE IS MORE THAN 2 PCI/L  OF  RADON
IN  THE GAS. ALL COMPANIES SHALL HAVE A MANUAL BACKUP SHUTDOWN PROCEDURE
IN PLACE IN ADDITION TO AN AUTOMATIC SHUTDOWN PROCEDURE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04478-01-5
              

A. 4799                             2

  (III) ANY COMPANY PRODUCING, SELLING, PURCHASING,  ACQUIRING,  STORING
OR  INJECTING  GAS IN THE STATE SHALL CERTIFY EVERY OTHER WEEK THAT SUCH
COMPANY IS COMPLYING WITH THE REGULATIONS ESTABLISHED BY THE  DEPARTMENT
PURSUANT  TO  THIS  SUBPARAGRAPH AND THAT GAS PRODUCED, SOLD, PURCHASED,
ACQUIRED,  STORED  OR  INJECTED WITHIN THE STATE BY SUCH COMPANY HAS NOT
EXCEEDED THE RADON LIMIT.
  (IV) THE DEPARTMENT SHALL AUDIT THE GAS SYSTEMS EVERY  SIXTY  DAYS  TO
ENSURE  THAT COMPANIES ARE ACCURATELY MONITORING RADON LEVELS IN GAS AND
COMPLYING WITH THIS SUBPARAGRAPH.
  (4) ANY COMPANY WHICH PRODUCES, SELLS, PURCHASES, ACQUIRES, STORES  OR
INJECTS  GAS  IN  THE  STATE  WHICH IS IN EXCESS OF THE RADON LIMITS SET
FORTH  IN THIS PARAGRAPH SHALL BE SUBJECT TO A CIVIL  PENALTY  OF  EIGHT
THOUSAND  DOLLARS  FOR  THE FIRST OFFENSE AND AN ADDITIONAL ONE THOUSAND
DOLLARS FOR EACH DAY THE GAS IS IN EXCESS OF SUCH RADON LIMITS. A SECOND
VIOLATION OF THIS PARAGRAPH SHALL RESULT IN A  CIVIL  PENALTY  OF  EIGHT
THOUSAND DOLLARS AND AN ADDITIONAL TWO THOUSAND DOLLARS FOR EACH DAY THE
GAS  IS IN EXCESS OF SUCH RADON LIMITS. ANY SUBSEQUENT VIOLATION OF THIS
PARAGRAPH SHALL RESULT IN A CIVIL PENALTY OF EIGHT THOUSAND DOLLARS  AND
AN  ADDITIONAL FIVE   THOUSAND DOLLARS FOR EACH DAY THE GAS IS IN EXCESS
OF SUCH RADON LIMITS.
  (5) THIS PARAGRAPH SHALL NOT APPLY TO LIQUEFIED NATURAL GAS,  AS  SUCH
GAS IS DEFINED IN SUBDIVISION ONE OF SECTION 23-1705 OF THIS ARTICLE.
  S  2.  Paragraph h of subdivision 8 of section 23-0305 of the environ-
mental conservation law, as amended by chapter 846 of the laws of  1981,
is amended to read as follows:
  h. Require the immediate reporting of any non-routine incident includ-
ing  but  not  limited  to casing and drill pipe failures, casing cement
failures, fishing jobs, fires, seepages, EXCESS RADON  LEVELS,  blowouts
and  other incidents during drilling, completion, producing, plugging or
replugging operations that may affect the  health,  safety,  welfare  or
property  of any person. The department may require the operator, or any
agent thereof, to record any data which the department believes  may  be
of subsequent use for adequate evaluation of a non-routine incident.
  S 3. This act shall take effect immediately.