S T A T E O F N E W Y O R K
________________________________________________________________________
10608
I N A S S E M B L Y
May 9, 2018
___________
Introduced by M. of A. ENGLEBRIGHT, D'URSO, PELLEGRINO, THIELE, STERN,
JEAN-PIERRE, LAVINE, RAMOS, GLICK, CYMBROWITZ, COLTON, LIFTON, ABINAN-
TI, FAHY, SIMON, SANTABARBARA, ZEBROWSKI, SKOUFIS, JAFFEE, RYAN,
O'DONNELL, TITONE, WOERNER, CARROLL, RAIA, MURRAY -- Multi-Sponsored
by -- M. of A. BRONSON, DE LA ROSA, GUNTHER, SOLAGES -- (at request
of the Governor) -- read once and referred to the Committee on Envi-
ronmental Conservation
AN ACT to amend the environmental conservation law, the transportation
corporations law, and the navigation law, in relation to infrastruc-
ture and vessels associated with the production of oil or natural gas
in federal waters
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs a and b of subdivision 1 of section 23-1101 of
the environmental conservation law, as added by chapter 722 of the laws
of 1977, are amended to read as follows:
a. The exploration, development and production of gas in state-owned
lands, except state park lands, THE MARINE AND COASTAL DISTRICT AS
DEFINED IN SECTION 13-0103 OF THIS CHAPTER, and the lands under the
waters of Lake Ontario or along its shoreline; and
b. The exploration, development and production of oil in state-owned
lands, except state park lands, THE MARINE AND COASTAL DISTRICT AS
DEFINED IN SECTION 13-0103 OF THIS CHAPTER, and the lands under the
waters of Lake Erie and Lake Ontario or along their shorelines.
§ 2. The environmental conservation law is amended by adding a new
section 23-1105 to read as follows:
§ 23-1105. PROHIBITION ON STATE AUTHORIZATIONS RELATED TO OIL AND
NATURAL GAS PRODUCTION IN FEDERAL WATERS.
1. NEITHER THE DEPARTMENT NOR THE OFFICE OF GENERAL SERVICES SHALL
ENTER INTO ANY NEW LEASE OR OTHER CONVEYANCE, OR LEASE MODIFICATION,
THAT AUTHORIZES OR ENABLES THE INSTALLATION OF PIPELINES OR SUPPORT
FACILITIES OR INFRASTRUCTURE DIRECTLY OR INDIRECTLY ASSOCIATED WITH
EXPLORATION, DEVELOPMENT OR PRODUCTION OF OIL OR NATURAL GAS LOCATED IN
THE NORTH ATLANTIC PLANNING AREA.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12061-01-8
A. 10608 2
2. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
A. "DEVELOPMENT" MEANS THOSE ACTIVITIES TAKING PLACE FOLLOWING THE
DISCOVERY OF COMMERCIALLY PRODUCIBLE QUANTITIES OF OIL OR NATURAL GAS,
INCLUDING, PLATFORM CONSTRUCTION, PIPELINE CONSTRUCTION, AND OPERATION
OF ALL ONSHORE SUPPORT FACILITIES THAT ARE PERFORMED FOR THE PURPOSES OF
ULTIMATELY PRODUCING OIL OR NATURAL GAS.
B. "EXPLORATION" MEANS ANY ACTIVITY ASSOCIATED WITH THE SEARCH OF OIL
OR NATURAL GAS, INCLUDING GEOPHYSICAL TESTS OR THE DRILLING OF STRATI-
GRAPHIC WELLS.
C. "FEDERAL WATERS" MEANS THOSE WATERS AND SUBMERGED LANDS LYING
SEAWARD TO THE STATE WATERS OF NEW YORK THAT APPERTAIN TO THE UNITED
STATES AND ARE SUBJECT TO FEDERAL JURISDICTION AND CONTROL.
D. "NORTH ATLANTIC PLANNING AREA" MEANS AN AREA OF FEDERAL WATERS IN
THE OUTER CONTINENTAL SHELF TOTALING NINETY-TWO MILLION THREE HUNDRED
TWENTY THOUSAND ACRES ADJACENT TO THE COASTAL WATERS OF MAINE, NEW HAMP-
SHIRE, MASSACHUSETTS, RHODE ISLAND, CONNECTICUT, NEW YORK, AND NEW
JERSEY.
E. "PRODUCTION" MEANS THOSE ACTIVITIES THAT TAKE PLACE FOLLOWING THE
SUCCESSFUL COMPLETION OF A WELL OR FIELD NECESSARY FOR THE REMOVAL OF
OIL OR NATURAL GAS INCLUDING FIELD OPERATIONS, TRANSFER OF RESOURCES TO
SHORE, OPERATION, MONITORING, MAINTENANCE, AND WORKOVER DRILLING.
3. THE DEPARTMENT IS AUTHORIZED TO ESTABLISH SUCH RULES AND REGU-
LATIONS AS IT SHALL DEEM NECESSARY TO IMPLEMENT THIS SECTION.
§ 3. Section 80 of the transportation corporations law is amended to
read as follows:
§ 80. [Definition] DEFINITIONS. 1. A pipe line corporation is a
corporation organized to construct and operate for public use, wholly
within or partly without this state, except in the city of New York,
lines of pipe for conveying or transporting therein petroleum, gas,
liquids or any products or property, or, except in such city, to main-
tain and operate for public use for which such purposes lines of pipe
already constructed.
2. FOR THE PURPOSES OF THIS ARTICLE, THE TERMS "EXPLORATION", "DEVEL-
OPMENT", "PRODUCTION", "FEDERAL WATERS", AND "NORTH ATLANTIC PLANNING
AREA" SHALL BE DEFINED AS IN SECTION 23-1105 OF THE ENVIRONMENTAL
CONSERVATION LAW.
§ 4. Section 83 of the transportation corporations law is amended to
read as follows:
§ 83. Condemnation of real property. In case such corporation is
unable to agree for the purchase of any real property required for the
purposes of its incorporation, and its route in the county in which such
real property is situated has been finally located, it shall have the
right to acquire title thereto by condemnation, but such corporation
shall not locate its route or construct any line of pipe through or
under any building, dooryard, lawn, garden or orchard, except by the
consent of the owner thereof in writing duly acknowledged, nor through
any cemetery or burial ground, nor within one hundred feet of any build-
ing except where such line is authorized by public officers to be laid
across or upon any public highway, AND SHALL NOT INSTALL PIPELINES THAT
SUPPORT FACILITIES OR INFRASTRUCTURE ASSOCIATED WITH EXPLORATION, DEVEL-
OPMENT, OR PRODUCTION OF OIL OR NATURAL GAS IN FEDERAL WATERS LOCATED IN
THE NORTH ATLANTIC PLANNING AREA. No such corporation shall lay or
construct its line of pipe through or under a street in any city, unless
it shall first obtain the consent of a majority of the owners of proper-
A. 10608 3
ty abutting on that portion of the street in which its pipe line is to
be laid. Such pipe line shall be laid with reasonable care and prudence.
§ 5. Section 89 of the transportation corporations law, as amended by
chapter 60 of the laws of 1962, is amended to read as follows:
§ 89. Over state lands. The commissioner of general services shall
have power to grant to any pipe line corporation any lands belonging to
the people of this state which may be required for the purposes of its
incorporation on such terms as may be agreed, or such corporation may
acquire title thereto by condemnation, except THAT NO CORPORATION MAY
CONDEMN ANY LANDS FOR THE PURPOSES OF THE INSTALLATION OF PIPELINES OR
SUPPORT FACILITIES OR INFRASTRUCTURE ASSOCIATED WITH EXPLORATION, DEVEL-
OPMENT, OR PRODUCTION OF OIL OR NATURAL GAS IN THE NORTH ATLANTIC PLAN-
NING AREA, AND FURTHER EXCEPTING that no pipe line corporation may
condemn any canal lands abandoned pursuant to the provisions of article
four of the public lands law[, constituting chapter fifty of the laws of
nineteen hundred nine, as amended,] until after they have been sold and
conveyed in the manner provided by the public lands law. If any lands
owned by any county, city or town be required by such corporation for
such purposes, the county, city or town officers having charge of such
lands may grant them to the corporation upon terms and compensation
agreed upon.
§ 6. Section 70 of the navigation law is amended by adding a new
subdivision 3 to read as follows:
3. NO PETROLEUM-BEARING VESSEL TRANSPORTING CRUDE OIL PRODUCED IN THE
NORTH ATLANTIC PLANNING AREA MAY ENTER OR MOVE UPON THE NAVIGABLE WATERS
OF THE STATE OR ANY TIDEWATERS BORDERING ON OR LYING WITHIN THE BOUNDA-
RIES OF NASSAU AND SUFFOLK COUNTIES. FOR PURPOSES OF THIS SUBDIVISION,
"NORTH ATLANTIC PLANNING AREA" SHALL BE DEFINED AS IN SECTION 23-1105 OF
THE ENVIRONMENTAL CONSERVATION LAW.
§ 7. Section 174 of the navigation law is amended by adding a new
subdivision 12 to read as follows:
12. (A) THE DEPARTMENT IS PROHIBITED FROM ISSUING OR RENEWING ANY
LICENSE FOR ANY MAJOR FACILITY STORING OR TRANSFERRING PETROLEUM
PRODUCED IN THE NAVIGABLE WATERS OF THE STATE OR ANY TIDEWATERS BORDER-
ING ON AND LYING WITHIN THE BOUNDARIES OF NASSAU AND SUFFOLK COUNTIES.
(B) THE DEPARTMENT IS PROHIBITED FROM ISSUING OR RENEWING ANY LICENSE
FOR ANY MAJOR FACILITY INTENDED TO TRANSFER OR STORE CRUDE OIL FROM ANY
VESSEL WHICH HOLDS PETROLEUM TRANSPORTED DIRECTLY FROM ANY PIPELINE,
SUPPORT FACILITY, OR INFRASTRUCTURE ASSOCIATED WITH THE PRODUCTION OF
CRUDE OIL FROM THE NORTH ATLANTIC PLANNING AREA. FOR PURPOSES OF THIS
SUBDIVISION, "DEVELOPMENT", "FEDERAL WATERS", "NORTH ATLANTIC PLANNING
AREA" AND "PRODUCTION" SHALL BE DEFINED AS IN SECTION 23-1105 OF THE
ENVIRONMENTAL CONSERVATION LAW.
§ 8. Severability clause. If any clause, sentence, paragraph, subdi-
vision, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such
judgement shall have been rendered. It is hereby declared to be in the
intent of the legislature that this act would have been enacted even if
such invalid provisions had not been included herein.
§ 9. This act shall take effect immediately.