S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1928
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 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,  in  relation  to
   natural gas development using hydraulic fracturing
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative declarations and purpose.  1.  The  legislature
 recognizes that the expansion of natural gas development in the state of
 New York using hydraulic fracturing poses unique threats to human health
 and  to  the  environment.  The  legislature further recognizes that New
 York's current laws are inadequate to protect against these threats.
   2. As natural gas development expands, it is the highest  priority  of
 this  state  to  protect human health as well as to ensure the safety of
 irreplaceable natural assets such as safe  drinking  water,  clean  air,
 wildlife, and the aesthetic beauty of the state.
   3. Hydraulic fracturing utilizes components that are often toxic, that
 are  non-biodegradable, and that are virtually impossible to remove once
 they enter the natural environment. Many of  these  hazardous  chemicals
 are  known  carcinogens  and  others  can  cause  other life threatening
 illnesses. Drinking water contamination from  hydraulic  fracturing  can
 lead  to  exposure to endocrine disrupting agents and to other chemicals
 that can cause kidney, liver,  heart,  blood,  brain  damage  and  other
 hazardous health effects.
   4.  Hydraulic  fracturing  operations  withdraw millions of gallons of
 water from the ground and surface waters  of  the  state,  which  are  a
 precious,  finite and invaluable resource, upon which there is likely to
 be an ever-increasing demand for present, new and  competing  uses.  The
 withdrawal of ground and surface waters of the state should be regulated
 in a manner that benefits the people of the state and is compatible with
 long-range  water resource planning and with managing such waters in the
 public trust for the benefit of all New Yorkers.

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

                                                            LBD01287-01-7

 S. 1928                             2
 
   5. Hydraulic fracturing operations result in wastewater  that  returns
 to the surface laden with salt, heavy metals, other chemicals and radio-
 active  elements.  In  other  states, this wastewater is often stored in
 open pits until transported for ultimate disposal.  Chemicals  evaporate
 from these open pits, contributing to air pollution. Leaks and spills of
 chemicals  from  the  trucks  and  waste pits may cause contamination of
 surface waters. Fracturing fluid left underground could migrate or  seep
 through   fractures  in  underground  formations,  cracks  in  well-bore
 casings, through abandoned wells, or otherwise to  pollute  groundwater.
 Given  the  increased  prevalence  of natural gas drilling in the state,
 these negative effects may  increase  if  the  process  of  natural  gas
 extraction is not carefully and thoughtfully regulated.
   6.  One  of  the  chief environmental and infrastructure assets of the
 state of New York is its drinking water systems, which play a  fundamen-
 tal  role  in  the economic productivity and public health of the state.
 The policy of the state with respect to  the  management  of  shale  gas
 extraction must be one of zero drinking water risk.
   7.  Furthermore,  natural  gas  exploration  must  be carried out in a
 manner that is sensitive to the ecological richness and aesthetic beauty
 of the state. Widespread, uncontrolled  natural  gas  development  using
 hydraulic  fracturing will diminish or destroy the natural beauty of the
 land and disrupt the natural habitat of wildlife. The legislature  finds
 that  natural  gas  development  must  be  carried out to minimize these
 effects to the maximum extent possible.
   8. Natural gas extraction can impose both  monetary  and  non-monetary
 costs  on  municipalities  and cause property damage or otherwise reduce
 the property value of private land owners. It is the  intention  of  the
 legislature  that  all  persons who undertake natural gas development in
 the state of New York take full responsibility for  their  actions,  and
 act consistent with local concerns.
   9.  Although  natural gas development provides the promise of economic
 benefit for the state of New York, the state must ensure that the  bene-
 fits  outweigh the costs. It is the policy of the state that natural gas
 development practices will be sustainable, respectful, and safe.    This
 act is intended to ensure that goal is met.
   §  2.  The  environmental  conservation law is amended by adding a new
 section 17-0709 to read as follows:
 § 17-0709. WASTEWATER TREATMENT FACILITIES.
   NOTWITHSTANDING ANYTHING TO  THE  CONTRARY  CONTAINED  IN  SUBDIVISION
 TWENTY-ONE  OF  SECTION 17-0105 OF THIS ARTICLE, THE COMMISSIONER SHALL,
 AFTER HOLDING A PUBLIC HEARING WITH DUE NOTICE,  PROMULGATE  REGULATIONS
 ESTABLISHING  A STANDARD OF PERFORMANCE FOR THE CONTROL OF THE DISCHARGE
 OF POLLUTANTS FROM FACILITIES  WHICH  TREAT  WASTEWATER  FROM  HYDRAULIC
 FRACTURING  OPERATIONS.  THIS  STANDARD OF PERFORMANCE SHALL REFLECT THE
 GREATEST DEGREE OF EFFLUENT REDUCTION WHICH THE COMMISSIONER  DETERMINES
 TO  BE ACHIEVABLE THROUGH APPLICATION OF THE BEST AVAILABLE DEMONSTRATED
 CONTROL TECHNOLOGY, PROCESSES, OPERATING METHODS, OR OTHER ALTERNATIVES,
 INCLUDING, WHERE PRACTICABLE, A  STANDARD  PERMITTING  NO  DISCHARGE  OF
 POLLUTANTS.  THIS  STANDARD  OF PERFORMANCE SHALL REMAIN IN EFFECT UNTIL
 SUCH TIME THAT THE FEDERAL GOVERNMENT DETERMINES THAT A  GREATER  DEGREE
 OF  EFFLUENT LIMITATION IS ACHIEVABLE BY THIS CATEGORY OF FACILITIES, AT
 WHICH TIME THIS STANDARD OF PERFORMANCE  SHALL  BE  SUPERSEDED  BY  SUCH
 FEDERAL STANDARD.
   § 3. Section 23-0101 of the environmental conservation law, as amended
 by chapter 846 of the laws of 1981 and subdivision 1 as amended by chap-
 ter 891 of the laws of 1984, is amended to read as follows:

 S. 1928                             3
 
 § 23-0101. Definitions.
   As used in this article, unless the context otherwise requires:
   1.  "AIR POLLUTANT" MEANS VOLATILE ORGANIC COMPOUNDS (VOCS) AS DEFINED
 AT 40 CFR 51.100(S), HAZARDOUS AIR POLLUTANTS (HAPS) AS  DEFINED  AT  42
 USC  §  7412(B)  AND  40  CFR 63, NITROGEN OXIDES (NOX), CARBON MONOXIDE
 (CO), METHANE (CH4), ETHANE (C2H6), PARTICULATE MATTER (PM10 AND PM2.5),
 OZONE (O3), LEAD (PB), SULFUR DIOXIDE (SO2) AND OTHER  AIR  CONTAMINANTS
 AS MAY BE IDENTIFIED BY THE DEPARTMENT.
   2.  "BEST MANAGEMENT PRACTICES (BMPS)" ARE PRACTICES THAT ARE DESIGNED
 TO PREVENT OR REDUCE IMPACTS CAUSED BY OIL AND GAS  OPERATIONS  TO  AIR,
 WATER, SOIL, OR BIOLOGICAL RESOURCES, AND TO MINIMIZE ADVERSE IMPACTS TO
 PUBLIC  HEALTH,  SAFETY AND WELFARE, INCLUDING THE ENVIRONMENT AND WILD-
 LIFE RESOURCES.
   3. "Buffer zone" means all  that  area  outside  and  surrounding  the
 underground  gas  storage  reservoir  which  the  department approves as
 appropriate to protect the integrity of the reservoir, no part of  which
 shall  be  more  than  thirty-five hundred linear feet from the boundary
 thereof.
   [2.] 4. "Cavity" means an open or partially open space  left  after  a
 salt has been solution mined.
   [3.]  5.  "CLOSED-LOOP  SYSTEM" MEANS A SYSTEM FOR HANDLING OIL OR GAS
 EXPLORATION, STIMULATION, OR PRODUCTION WASTES, INCLUDING BUT NOT LIMIT-
 ED TO DRILLING  FLUIDS  AND  CUTTINGS,  HYDRAULIC  FRACTURING  FLOWBACK,
 PRODUCED  WATER,  AND  RESIDUAL  SLUDGES OR BRINES, WITHOUT THE NEED FOR
 PITS.
   6. "Commissioner" means the commissioner  of  environmental  conserva-
 tion.
   [4.]  7.  "CONSEQUENCES  OF  ANY  HAZARDOUS DISCHARGE" AS USED IN THIS
 SECTION MEANS ANY DETRIMENTAL EFFECT TO THE HEALTH, SAFETY, WELFARE,  OR
 AESTHETIC ENJOYMENT OF ANY CITIZEN, RESIDENT, OR VISITOR IN THE STATE BY
 A HAZARDOUS DISCHARGE.
   8. "Department" means the department of environmental conservation.
   [5.]  9.  "ENVIRONMENTAL  DAMAGE" AS USED IN THIS SECTION MEANS DAMAGE
 TO:
   A. ANY WATERS OF THE STATE;
   B. ANY LAND SURFACE OR SUBSURFACE STRATA OF THE STATE;
   C. ANY AMBIENT AIR WITHIN THE STATE; OR,
   D. THE WILDLIFE OR ECOLOGICAL SYSTEMS IN THE LAND, AIR, OR  WATERS  OF
 THE STATE.
   10.  "Fund"  means  the  oil  and  gas [fund as established in section
 eighty-three-a of the state finance law] ACCOUNT ESTABLISHED UNDER CHAP-
 TER FIFTY-EIGHT OF THE LAWS OF NINETEEN HUNDRED EIGHTY-TWO.
   [6.] 11. "Field" means the general  area  underlaid  by  one  or  more
 pools.
   [7.]  12.  "Gas" means all natural, manufactured, mixed, and byproduct
 gas, and all other hydrocarbons not defined as oil in this section.
   [8.] 13. "GROUNDWATER" MEANS WATER IN  A  SATURATED  ZONE  OR  STRATUM
 BENEATH THE SURFACE OF LAND OR WATER.
   14.  "GROUNDWATER  WELL"  MEANS ANY WELL DESIGNED OR USED FOR THE SOLE
 PURPOSE OF OBTAINING GROUNDWATER.
   15. "HAZARDOUS RELEASE" AS USED IN THIS SECTION MEANS THE RELEASE OF A
 HAZARDOUS SUBSTANCE.
   16. "HAZARDOUS SUBSTANCE" MEANS SUBSTANCES WHICH  MEET  THE  FOLLOWING
 CRITERIA,  INCLUDING  BUT  NOT  LIMITED TO THOSE LISTED IN N.Y.C.R.R.  §
 597.2:

 S. 1928                             4
 
   A. BECAUSE OF THEIR QUANTITY, CONCENTRATION, OR PHYSICAL, CHEMICAL  OR
 INFECTIOUS CHARACTERISTICS CAUSE PHYSICAL INJURY OR ILLNESS WHEN IMPROP-
 ERLY TREATED, STORED, TRANSPORTED, DISPOSED OF, OR OTHERWISE MANAGED;
   B.  POSE A PRESENT OR POTENTIAL HAZARD TO THE ENVIRONMENT WHEN IMPROP-
 ERLY TREATED, STORED, TRANSPORTED, DISPOSED OF, OR OTHERWISE MANAGED;
   C. BECAUSE  OF  THEIR  TOXICITY  OR  CONCENTRATION  WITHIN  BIOLOGICAL
 CHAINS,  PRESENT  A  DEMONSTRATED  THREAT TO BIOLOGICAL LIFE CYCLES WHEN
 RELEASED INTO THE ENVIRONMENT;
   D. HAVE AN ORAL LD (RAT) TOXICITY OF LESS THAN  FIFTY  MILLIGRAMS  PER
 KILOGRAM;  OR  HAVE  AN  INHALATION  LC  (RAT) TOXICITY OF LESS THAN TWO
 MILLIGRAMS PER LITER; OR HAVE A DERMAL LD (RABBIT) TOXICITY OF LESS THAN
 TWO HUNDRED MILLIGRAMS PER KILOGRAM; OR
   E. CAUSE OR ARE CAPABLE OF CAUSING DEATH, SERIOUS ILLNESS  OR  SERIOUS
 PHYSICAL  INJURY  TO  ANY  PERSON OR PERSONS AS A CONSEQUENCE OF RELEASE
 INTO THE ENVIRONMENT.
   17. "Local agency" means any local agency,  board,  authority,  school
 district,  commission  or  governing  body,  including any county, city,
 town, village or other political subdivision of the state.
   [9.] 18. "Metered" means the physical  measurement  of  gas  by  means
 acceptable to the department.
   [10.]  19. "Oil" means crude petroleum oil and all other hydrocarbons,
 regardless of gravity, that are produced at the wellhead in liquid  form
 by  ordinary production methods and that are not the result of condensa-
 tion of gas.
   [11.] 20. "OIL AND GAS FACILITY"  MEANS  EQUIPMENT,  IMPROVEMENTS,  OR
 PHYSICAL  STRUCTURES,  INCLUDING ANY OIL OR GAS WELLS, USED OR INSTALLED
 AT AN OIL AND GAS LOCATION FOR THE EXPLORATION, PRODUCTION,  WITHDRAWAL,
 GATHERING, TREATMENT, OR PROCESSING OF OIL OR NATURAL GAS.
   21.  "OIL  AND  GAS LOCATION" MEANS A DEFINABLE AREA WHERE AN OPERATOR
 HAS DISTURBED OR INTENDS TO DISTURB THE LAND SURFACE IN ORDER TO  LOCATE
 AN OIL AND GAS FACILITY.
   22.  "OIL  AND  GAS  OPERATIONS"  MEANS  EXPLORATION  FOR OIL AND GAS,
 INCLUDING THE CONDUCT OF SEISMIC OPERATIONS AND  THE  DRILLING  OF  TEST
 BORES;  THE  SITING,  DRILLING,  DEEPENING,  RECOMPLETION, REWORKING, OR
 ABANDONMENT OF AN OIL AND GAS WELL, UNDERGROUND INJECTION WELL,  OR  GAS
 STORAGE  WELL;  PRODUCTION OPERATIONS RELATED TO ANY SUCH WELL INCLUDING
 THE INSTALLATION OF FLOWLINES AND  GATHERING  SYSTEMS;  THE  GENERATION,
 TRANSPORTATION,  STORAGE,  TREATMENT,  OR  DISPOSAL  OF  EXPLORATION AND
 PRODUCTION WASTES; AND ANY CONSTRUCTION, SITE PREPARATION,  OR  RECLAMA-
 TION ACTIVITIES ASSOCIATED WITH SUCH OPERATIONS.
   23. "OPERATOR" MEANS ANY PERSON WHO EXERCISES THE RIGHT TO CONTROL THE
 CONDUCT OF, OR WHO CONDUCTS, OIL AND GAS OPERATIONS.
   24.  "Owner"  means  the  person  who  has the right to drill into and
 produce from a pool or a salt deposit and to appropriate the oil, gas or
 salt he produces either for  himself  or  others,  or  for  himself  and
 others.
   [12.] 25. "PIT" MEANS ANY NATURAL OR MAN-MADE DEPRESSION IN THE GROUND
 USED  FOR THE PURPOSE OF RETAINING OR STORING SUBSTANCES ASSOCIATED WITH
 OIL AND GAS OPERATIONS.
   26. "Person" means and includes any natural person, corporation, asso-
 ciation, partnership, receiver, trustee, executor, administrator, guard-
 ian, fiduciary, or other representative of any kind,  and  includes  any
 department, agency or instrumentality of the state or any of its govern-
 mental subdivisions.
   [13.]  27. "Plug and abandon" means the plugging, replugging if neces-
 sary, and abandonment of a well bore including the placing of all bridg-

 S. 1928                             5
 
 es, plugs, and fluids therein and the restoration and reclamation of the
 surface in the immediate vicinity to a reasonable  condition  consistent
 with the adjacent terrain.
   [14.]  28.  "Pool"  means an underground reservoir containing a common
 accumulation of oil or gas or both; each zone of a  structure  which  is
 completely  separated  from  any  other  zone in the same structure is a
 pool.
   [15.] 29.  "POTENTIAL ENVIRONMENTAL JUSTICE AREA" MEANS A MINORITY  OR
 LOW-INCOME COMMUNITY THAT MAY BEAR A DISPROPORTIONATE SHARE OF THE NEGA-
 TIVE  ENVIRONMENTAL  CONSEQUENCES  RESULTING FROM INDUSTRIAL, MUNICIPAL,
 AND COMMERCIAL OPERATIONS OR THE EXECUTION OF FEDERAL, STATE, LOCAL, AND
 TRIBAL PROGRAMS AND POLICIES.
   30. "Producer" means the owner of a well or wells capable of producing
 oil, gas, or salt; or any salt or hydrocarbon mixture.
   [16.] 31. "Product" means any commodity  made  from  oil  or  gas  and
 includes  refined  crude oil, crude tops, topped crude, processed crude,
 processed crude petroleum, residue from crude petroleum, cracking stock,
 uncracked fuel oil, fuel oil, treated  crude  oil,  residuum,  gas  oil,
 casinghead  gasoline, natural-gas gasoline, kerosene, benzine, wash oil,
 waste oil, blended gasoline, lubricating oil, blends or mixtures of  oil
 with one or more liquid products or by-products derived from oil or gas,
 and  blends  or  mixtures  of two or more liquid products or by-products
 derived from oil or gas, whether herein enumerated or not.
   [17.] 32.  "RELEASE" MEANS ANY SPILLING,  LEAKING,  PUMPING,  POURING,
 EMITTING,   EMPTYING,   DISCHARGING,   ESCAPING,  LEACHING,  DUMPING  OR
 DISCHARGING INTO THE ENVIRONMENT (INCLUDING THE ABANDONMENT OR  DISCARD-
 ING OF BARRELS, CONTAINERS, AND OTHER CLOSED RECEPTACLES).
   33. "Reservoir" means any underground reservoir, natural or artificial
 cavern  or  geologic  dome,  sand  or stratigraphic trap, whether or not
 previously occupied by or containing oil or gas.
   [18.] 34. "Salt" means sodium chloride, evaporite or other water solu-
 ble minerals, either in solution or as a solid or  crystalline  material
 in a pure state or as a mixture.
   [19.]  35.    "SITE" MEANS THE LOCATION OF ANY  OIL AND GAS OPERATION,
 INCLUDING BUT NOT LIMITED TO WELLS AND WELL  PADS,  STORAGE  FACILITIES,
 NATURAL GAS COMPRESSOR STATIONS, AND CENTRALIZED IMPOUNDMENTS.
   36.  "Solution  mining" means the dissolving of an underground salt by
 water to produce a brine for transport to another underground or surface
 location for sale, processing or storage.
   [20.] 37.  "SURFACE WATER" MEANS ANY WATER OCCURRING  ON  THE  EARTH'S
 SURFACE  IN  THE  FORM  OF  A STREAM, RIVER, POND, LAKE, WETLAND, OCEAN,
 ARTIFICIAL CHANNEL OR RESERVOIR, OR OTHER SURFACE WATER BODY.
   38. "Waste" means
   a. Physical waste, as that term is generally understood in the oil and
 gas industry;
   b. The inefficient, excessive or improper use of, or  the  unnecessary
 dissipation of reservoir energy;
   c. The locating, spacing, drilling, equipping, operating, or producing
 of  any  oil  or  gas well or wells in a manner which causes or tends to
 cause reduction in the quantity of oil  or  gas  ultimately  recoverable
 from  a  pool  under  prudent  and proper operations, or which causes or
 tends to cause unnecessary or excessive surface loss or  destruction  of
 oil or gas;
   d. The inefficient storing of oil or gas; and
   e.  The  flaring  of gas produced from an oil or condensate well after
 the department has found that the use of the gas, on terms that are just

 S. 1928                             6
 
 and reasonable, is, or will be economically feasible within a reasonable
 time.
   § 4. Section 23-0303 of the environmental conservation law, as amended
 by chapter 846 of the laws of 1981, is amended to read as follows:
 § 23-0303. Administration of article.
   1.  Except  to  the  extent that the administration of this article is
 specifically entrusted to other agencies or officers of the state by its
 provisions, such administration shall be by the department.   Geological
 services  for  the  department  in connection with the administration of
 this article shall be provided by or in cooperation with the state geol-
 ogist. Within appropriations therefor the department  is  authorized  to
 employ such personnel as may be necessary for the administration of this
 article  and may also employ or secure the services of such engineering,
 technical and other consultants as it may require from time to time.
   2. The provisions of this article shall supersede all  local  laws  or
 ordinances  relating  to  the  regulation  of  the oil, gas and solution
 mining industries; [but shall not supersede local  government  jurisdic-
 tion  over local roads or the rights of local governments under the real
 property tax law] PROVIDED, HOWEVER, THAT NOTHING IN THIS ARTICLE  SHALL
 BE CONSTRUED TO PREVENT ANY LOCAL GOVERNMENT FROM:
   A.  ENACTING OR ENFORCING LOCAL LAWS OR ORDINANCES OF GENERAL APPLICA-
 BILITY, EXCEPT THAT SUCH LOCAL LAWS OR ORDINANCES SHALL NOT REGULATE OIL
 AND GAS OPERATIONS REGULATED BY STATE STATUTE OR REGULATION; OR
   B. ENACTING OR ENFORCING LOCAL LAWS OR ORDINANCES RELATED TO THE REGU-
 LATION AND MANAGEMENT OF LOCAL ROADS, SUCH  AS  INGRESS  AND  EGRESS  TO
 PUBLIC THOROUGHFARES CONTROLLED BY THE LOCAL GOVERNMENT; OR
   C.  ENACTING OR ENFORCING LAWS PURSUANT TO THE RIGHTS OF LOCAL GOVERN-
 MENTS UNDER THE REAL PROPERTY TAX LAW; OR
   D. ENFORCING ANY REQUIREMENT CONTAINED IN ANY OIL OR GAS PERMIT ISSUED
 BY THE STATE; OR
   E. ENACTING OR ENFORCING LOCAL ZONING ORDINANCES OR LAWS  THAT  DETER-
 MINE PERMISSIBLE USES IN ZONING DISTRICTS, INCLUDING WHETHER OIL AND GAS
 FACILITIES ARE PERMISSIBLE WITHIN A PARTICULAR ZONING DISTRICT. WHERE AN
 OIL  AND  GAS  FACILITY  IS  DESIGNATED  A  PERMISSIBLE  USE IN A ZONING
 DISTRICT AND ALLOWED BY SPECIAL USE PERMIT, CONDITIONS  PLACED  ON  SUCH
 SPECIAL USE PERMITS SHALL BE LIMITED TO THE FOLLOWING:
   I. REQUIREMENTS AND CONDITIONS CONCERNING SETBACK FROM PROPERTY BOUND-
 ARIES,  SURFACE  WATERS, GROUNDWATER WELLS, HOMES OR PRIVATE RESIDENCES,
 CHURCHES, SCHOOLS, AND OTHER PUBLIC FACILITIES, AND PUBLIC  THOROUGHFARE
 RIGHTS-OF-WAY;
   II.  REQUIREMENTS AND CONDITIONS CONCERNING NATURAL OR MAN-MADE BARRI-
 ERS TO RESTRICT ACCESS FROM OIL AND GAS FACILITIES, IF REQUIRED; AND
   III. DUST, NOISE, VIBRATION, OR LIGHT LIMITATIONS, AND  REGULATION  OF
 HOURS OF OPERATION.
   3. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, LOCAL LAWS AND ORDI-
 NANCES  REGULATING  ZONING,  INCLUDING CONDITIONS IN SPECIAL USE PERMITS
 THAT IMPOSE SETBACKS, THE REQUIREMENT OF NATURAL OR MANMADE BARRIERS, OR
 LIMITATIONS ON DUST, NOISE, VIBRATION, LIGHT, OR HOURS OF OPERATION,  DO
 NOT  CONSTITUTE  THE  REGULATION  OF OIL AND GAS OPERATIONS REGULATED BY
 STATE STATUTE OR REGULATION.
   4. IN ORDER TO FACILITATE A MUNICIPALITY'S  ABILITY  TO  EXERCISE  ITS
 AUTHORITY  UNDER  PARAGRAPH  D  OF  SUBDIVISION TWO OF THIS SECTION, THE
 DEPARTMENT SHALL PROVIDE EVERY MUNICIPALITY WITH A COPY OF THE PERMIT OF
 EACH WELL LOCATED OR PERMITTED TO BE LOCATED WITHIN ITS BOUNDARIES.
   [3.] 5. a. The commissioner shall accept from municipalities  requests
 for  funds  from  the oil and gas fund to reimburse the municipality for

 S. 1928                             7
 
 costs incurred in repairing damages to municipal land or property.  Such
 requests  shall  include  such explanatory material and documentation as
 the commissioner may require.
   b.  The commissioner and director of the budget, may recommend payment
 to the municipality to satisfy the request for reimbursement upon  find-
 ing that:
   (1)  The  municipality  has made a bona fide effort to seek relief and
 recover its costs from those deemed to  be  responsible  and  any  other
 appropriate avenues, but has been unsuccessful;
   (2)  The damage was a direct result of activities regulated under this
 article and that the amount of funds requested is reasonable in view  of
 such damages; and
   (3)  The costs were incurred after the effective date of this subdivi-
 sion.
   § 5. Paragraph d 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:
   d. Require the drilling, casing, operation, plugging and replugging of
 wells and reclamation of surrounding land in accordance with  rules  and
 regulations  of  the  department  in such manner as to prevent or remedy
 [the following] ANY ACT RESULTING IN ENVIRONMENTAL DAMAGE, including but
 not limited to: the escape of oil, gas, brine or water out of one  stra-
 tum  into  another;  the intrusion of water into oil or gas strata other
 than during enhanced recovery operations; the pollution of  fresh  water
 supplies  by oil, gas, salt water, DRILLING FLUIDS, HYDRAULIC FRACTURING
 FLUIDS or other contaminants; and blowouts, cavings, seepages and fires.
 SUCH RULES AND REGULATIONS SHALL REGULATE THE TYPE, VOLUME, AND  CONCEN-
 TRATION OF ADDITIVES FOR THE PROTECTION OF HUMAN HEALTH AND THE ENVIRON-
 MENT;  AND SUCH REGULATIONS SHALL PROHIBIT THE USE OF DRILLING FLUIDS OR
 HYDRAULIC FRACTURING FLUIDS CONTAINING ANY CHEMICAL SUBSTANCE THAT  UPON
 EXPOSURE,  INGESTION,  INHALATION  OR  ASSIMILATION  INTO  ANY ORGANISM,
 EITHER DIRECTLY FROM THE ENVIRONMENT, INCLUDING FROM DRINKING WATER,  OR
 INDIRECTLY THROUGH FOOD CHAINS, WILL, ON THE BASIS OF INFORMATION AVAIL-
 ABLE  TO THE DEPARTMENT, CAUSE DEATH, DISEASE, BEHAVIORAL ABNORMALITIES,
 CANCER, GENETIC MUTATIONS, ENDOCRINE DISRUPTION, PHYSIOLOGICAL  MALFUNC-
 TIONS, INCLUDING MALFUNCTIONS IN REPRODUCTION, OR PHYSICAL DEFORMATIONS,
 IN  SUCH  ORGANISMS  OR  THEIR  OFFSPRING, INCLUDING BUT NOT LIMITED TO:
 BENZENE AND ANY CHEMICAL SUBSTANCE THAT HAS BEEN IDENTIFIED PURSUANT  TO
 THE  FEDERAL TOXIC SUBSTANCES CONTROL ACT AS PERSISTENT, BIOACCUMULATIVE
 AND TOXIC.
   § 6. Section 23-0305 of the environmental conservation law is  amended
 by adding a new subdivision 15 to read as follows:
   15.  THE  DEPARTMENT SHALL PROMULGATE REGULATIONS REQUIRING DISCLOSURE
 OF CHEMICALS USED IN OIL AND GAS WELL DRILLING AND HYDRAULIC FRACTURING,
 INCLUDING BUT NOT LIMITED TO THE FOLLOWING REQUIREMENTS:
   A. NO PERMIT TO DRILL, DEEPEN, PLUG BACK, OR CONVERT A WELL  SHALL  BE
 ISSUED  UNDER  THIS ARTICLE UNTIL THE DEPARTMENT OBTAINS FROM THE PERMIT
 APPLICANT A COMPLETE LIST OF THE CHEMICAL CONSTITUENTS OF EACH  ADDITIVE
 THAT  MAY  BE  USED  IN DRILLING OR FRACTURING THE WELL SPECIFIED IN THE
 APPLICATION;
   B. WHENEVER THE DEPARTMENT OR A TREATING PHYSICIAN  OR  NURSE,  DETER-
 MINES THAT A MEDICAL EMERGENCY EXISTS AS A RESULT OF OIL OR GAS EXPLORA-
 TION, STIMULATION, OR PRODUCTION ACTIVITIES CONDUCTED BY A WELL DRILLING
 PERMIT  HOLDER OR ITS SUBCONTRACTORS AND THAT THE DISCLOSURE OF PROPRIE-
 TARY CHEMICAL INFORMATION, INCLUDING THE IDENTITY OF ANY CHEMICAL OR THE
 FORMULA OF ANY ADDITIVE USED IN DRILLING OR HYDRAULIC  FRACTURING  OF  A

 S. 1928                             8
 
 PERMITTED  OIL  OR GAS WELL, MAY BE NECESSARY FOR EMERGENCY OR FIRST-AID
 TREATMENT, THE WELL DRILLING  PERMIT  HOLDER  OR  ANY  SUBCONTRACTOR  IN
 POSSESSION  OR  CONTROL OF THE PROPRIETARY INFORMATION SHALL IMMEDIATELY
 DISCLOSE THE PROPRIETARY INFORMATION REQUESTED TO THE DEPARTMENT OR THAT
 TREATING  PHYSICIAN  OR  NURSE, REGARDLESS OF THE EXISTENCE OF A WRITTEN
 STATEMENT OF NEED OR A CONFIDENTIALITY AGREEMENT.  THE PERMIT HOLDER  OR
 SUBCONTRACTOR  MAY  REQUEST  A WRITTEN STATEMENT OF NEED AND A CONFIDEN-
 TIALITY AGREEMENT AS SOON THEREAFTER AS  CIRCUMSTANCES  PERMIT.  IN  THE
 EVENT  THE  PERMIT HOLDER OR SUBCONTRACTOR FAILS TO IMMEDIATELY DISCLOSE
 SUCH PROPRIETARY INFORMATION, THE DEPARTMENT SHALL MAKE AVAILABLE  TO  A
 TREATING PHYSICIAN OR NURSE ALL INFORMATION WITHIN ITS POSSESSION RELAT-
 ING  TO  THE  INGREDIENTS OF ANY CHEMICAL OR THE FORMULA OF ANY ADDITIVE
 USED IN DRILLING OR HYDRAULIC FRACTURING UTILIZED IN A PERMITTED OIL  OR
 GAS WELL SUSPECTED OF CAUSING SUCH EMERGENCY;
   C.  EACH  PERMIT  HOLDER SHALL NOTIFY THE DEPARTMENT OF ANY CHANGES TO
 THE CHEMICAL CONSTITUENTS USED IN DRILLING OR FRACTURING  PRIOR  TO  THE
 FLUID'S USE IN THE DRILLING OR FRACTURING PROCESS.
   D.  THE  DEPARTMENT SHALL MAKE ANY DISCLOSURES FILED UNDER PARAGRAPH A
 OR C OF THIS SUBDIVISION AVAILABLE TO THE PUBLIC  AND  SHALL  POST  SUCH
 INFORMATION ON THE DEPARTMENT'S WEBSITE.
   §  7. Section 23-0313 of the environmental conservation law is amended
 by adding four new subdivisions 3, 4, 5 and 6 to read as follows:
   3. THE DEPARTMENT SHALL PROMULGATE REGULATIONS REQUIRING:
   A. OIL AND GAS WELL OWNERS OR OPERATORS TO GIVE NOTICE TO THE  DEPART-
 MENT,  LOCAL  HEALTH  DEPARTMENT  AND  RESPONDING EMERGENCY AGENCIES, IN
 PERSON OR BY SUCH MEANS AS THE  DEPARTMENT  SHALL  SPECIFY,  IMMEDIATELY
 AFTER  THE RELEASE OF ANY FUEL, HAZARDOUS CHEMICAL OR WASTE STORED AT OR
 GENERATED BY AN OIL AND GAS FACILITY OR USED IN WELL DRILLING OR HYDRAU-
 LIC FRACTURING OPERATIONS.
   B. NOTICE REQUIRED UNDER PARAGRAPH A OF THIS SUBDIVISION SHALL INCLUDE
 EACH OF THE FOLLOWING (TO THE EXTENT KNOWN AT THE TIME OF THE NOTICE AND
 SO LONG AS NO DELAY IN RESPONDING TO THE RELEASE RESULTS):
   I. THE CHEMICAL NAME OR IDENTITY OF  ANY  SUBSTANCE  INVOLVED  IN  THE
 RELEASE; AND
   II.  AN  ESTIMATE  OF  THE  QUANTITY  OF  ANY  SUCH SUBSTANCE THAT WAS
 RELEASED INTO THE ENVIRONMENT; AND
   III. THE TIME AND DURATION OF THE RELEASE; AND
   IV. THE MEDIUM OR MEDIA INTO WHICH THE RELEASE OCCURRED; AND
   V. ANY KNOWN OR ANTICIPATED ACUTE OR CHRONIC HEALTH  RISKS  ASSOCIATED
 WITH THE RELEASE AND, WHERE APPROPRIATE, ADVICE REGARDING MEDICAL ATTEN-
 TION NECESSARY FOR EXPOSED INDIVIDUALS; AND
   VI. PROPER PRECAUTIONS AND REMEDIAL ACTIONS TO TAKE AS A RESULT OF THE
 RELEASE; AND
   VII.  THE  NAME  AND  TELEPHONE  NUMBER OF THE PERSON OR PERSONS TO BE
 CONTACTED FOR FURTHER INFORMATION.
   C. AS SOON AS PRACTICABLE AFTER A RELEASE THAT REQUIRES  NOTICE  UNDER
 PARAGRAPH  A OF THIS SUBDIVISION, SUCH OWNER OR OPERATOR SHALL PROVIDE A
 WRITTEN FOLLOW-UP EMERGENCY NOTICE  (OR  NOTICES,  AS  MORE  INFORMATION
 BECOMES  AVAILABLE)  SETTING FORTH AND UPDATING THE INFORMATION REQUIRED
 UNDER PARAGRAPH B OF THIS SUBDIVISION, AND INCLUDING:
   I. ACTIONS TAKEN TO RESPOND TO AND CONTAIN THE RELEASE;
   II. ANY KNOWN OR ANTICIPATED ACUTE OR CHRONIC HEALTH RISKS  ASSOCIATED
 WITH THE RELEASE; AND
   III. ADVICE REGARDING MEDICAL ATTENTION NECESSARY FOR EXPOSED INDIVID-
 UALS.

 S. 1928                             9
 
   D.  THE  DEPARTMENT  SHALL  POST ALL CHEMICAL SPILL REPORT INFORMATION
 REFERENCED IN PARAGRAPHS A, B AND C OF THIS SUBDIVISION ON  THE  DEPART-
 MENT'S WEBSITE.
   4.  THE  DEPARTMENT  SHALL  PROMULGATE RULES AND REGULATIONS REQUIRING
 THAT OWNERS OR OPERATORS OF WELLS GIVE WRITTEN  NOTICE  TO  ALL  PERSONS
 RESIDING WITHIN ONE HALF MILE OF ANY PROPOSED WELL SITE TWO WEEKS BEFORE
 DRILLING  OR  HYDRAULIC FRACTURING OPERATIONS BEGIN. OWNERS OR OPERATORS
 OF WELLS SHALL PUBLISH A NOTICE IN A LOCAL NEWSPAPER CIRCULATING IN  THE
 AREA  OF  THE  PROPOSED WELL SITE TWO WEEKS BEFORE DRILLING OR HYDRAULIC
 FRACTURING OPERATIONS BEGIN. WITHIN TWO BUSINESS DAYS OF  GIVING  NOTICE
 UNDER THIS SECTION, A LIST OF RECIPIENTS AND A COPY OF ALL NOTICES, WITH
 PROOF OF DELIVERY IN COMPLIANCE WITH THIS SECTION, SHALL BE SUBMITTED TO
 THE  DEPARTMENT FOR INCLUSION IN THE DRILLING PERMIT FILE. COPIES OF ALL
 NOTICES SHALL BE PUBLICLY AVAILABLE.
   5. THE DEPARTMENT SHALL DEVELOP MAPS OF ALL KNOWN OIL AND  GAS  WELLS,
 INCLUDING  ACTIVE  AND  ABANDONED  WELLS, IN NEW YORK USING A GEOGRAPHIC
 INFORMATION SYSTEM AND MAKE THOSE MAPS SYSTEM PUBLICLY AVAILABLE ON  THE
 DEPARTMENT'S WEBSITE.
   6.  THE  DEPARTMENT  SHALL CREATE AND OPERATE AN EMERGENCY 1-800 TELE-
 PHONE NUMBER FOR PUBLIC USE IN IDENTIFYING  AND  REPORTING  ANY  OIL  OR
 NATURAL GAS-RELATED INCIDENTS TO THE DEPARTMENT.
   §  8.  The  environmental  conservation law is amended by adding a new
 section 23-0315 to read as follows:
 § 23-0315. BEST MANAGEMENT PRACTICES.
   1. THE COMMISSIONER SHALL NOT PERMIT ANY OWNER OR OPERATOR TO COMMENCE
 OPERATIONS TO DRILL, DEEPEN, PLUG BACK OR CONVERT A  WELL  FOR  EXPLORA-
 TION,  PRODUCTION,  STORAGE OR DISPOSAL UNLESS SUCH OPERATIONS IMPLEMENT
 BEST MANAGEMENT PRACTICES.
   2. THE COMMISSIONER SHALL INCLUDE ALL APPLICABLE BEST MANAGEMENT PRAC-
 TICES AS CONDITIONS OF EACH  PERMIT  TO  DRILL,  DEEPEN,  PLUG  BACK  OR
 CONVERT A WELL.
   3.  EVERY THREE YEARS, AFTER HOLDING A PUBLIC HEARING WITH DUE NOTICE,
 THE COMMISSIONER SHALL PUBLISH AN INVENTORY OF BEST MANAGEMENT PRACTICES
 THAT MAY BE INCLUDED AS SPECIAL CONDITIONS OF PERMITS  FOR  NATURAL  GAS
 DRILLING,  DEPENDING UPON SITE-SPECIFIC ANALYSIS OF A PROPOSED WELL SITE
 AND AVAILABLE CONTROL TECHNOLOGIES. ANY BEST MANAGEMENT  PRACTICES  THAT
 MAY  BE  APPLIED  TO  ALL DRILLING PERMITS SHALL BE PROMULGATED AS REGU-
 LATIONS IN COMPLIANCE WITH THE REQUIREMENTS OF THE STATE  ADMINISTRATIVE
 PROCEDURE ACT.
   §  9.  The  environmental  conservation law is amended by adding a new
 section 23-0317 to read as follows:
 § 23-0317. LIABILITY.
   1. LIABLE PARTIES. THE FOLLOWING PERSONS SHALL BE LIABLE UNDER  SUBDI-
 VISION TWO OF THIS SECTION:
   A. THE OWNER OF AN OIL AND GAS FACILITY OR PIPELINE;
   B. THE OPERATOR OF AN OIL AND GAS FACILITY OR PIPELINE;
   C.  ANY  PERSON  WHO BY CONTRACT, AGREEMENT, OR OTHERWISE ARRANGED FOR
 THE TRANSPORT OF OIL OR GAS, OR FOR THE TRANSPORT, DISPOSAL,  OR  TREAT-
 MENT  OF  A HAZARDOUS SUBSTANCE USED IN OIL OR GAS OPERATIONS, INCLUDING
 HAZARDOUS HYDRAULIC FRACTURING FLUID OR ANY HAZARDOUS COMPONENTS  THERE-
 OF; AND,
   D.  ANY PERSON WHO ACCEPTS ANY HAZARDOUS SUBSTANCE USED IN OIL AND GAS
 OPERATIONS FOR RECYCLING, DISPOSAL, OR TREATMENT.
   2. LIABILITY. ANY LIABLE PARTY MENTIONED IN SUBDIVISION  ONE  OF  THIS
 SECTION SHALL BE LIABLE FOR ANY ENVIRONMENTAL DAMAGE FROM, OR THE CONSE-
 QUENCES  OF  ANY  HAZARDOUS RELEASE FROM, AN OIL AND GAS FACILITY, WELL-

 S. 1928                            10
 
 BORE, PIPELINE, OR FROM ANY STORAGE OR DISPOSAL AREA FOR OIL, GAS, OR  A
 HAZARDOUS SUBSTANCE USED IN OIL OR GAS OPERATIONS INCLUDING:
   A.  ALL  COSTS  OF REMOVAL OR REMEDIAL ACTION INCURRED BY THE STATE OR
 ANY SUBDIVISION THEREOF;
   B. ANY OTHER NECESSARY COSTS OF RESPONSE OR MITIGATION INCURRED BY ANY
 OTHER PERSON AUTHORIZED BY THE STATE TO RESPOND TO THE CONTAMINATION  OR
 MITIGATE THE EFFECTS THEREOF;
   C.  DAMAGES  FOR  INJURY  TO,  DESTRUCTION  OF,  OR  LOSS  OF  NATURAL
 RESOURCES, INCLUDING THE REASONABLE  COSTS  OF  ASSESSING  SUCH  INJURY,
 DESTRUCTION, OR LOSS RESULTING FROM SUCH A RELEASE; AND,
   D.  ALL DIRECT COSTS PROXIMATELY CAUSED BY THE ENVIRONMENTAL DAMAGE OR
 THE CONSEQUENCES OF ANY HAZARDOUS RELEASE TO PRIVATE PARTIES,  INCLUDING
 BUT NOT LIMITED TO DAMAGE TO PROPERTY OWNED BY SUCH PARTIES OR INJURY TO
 PERSONAL HEALTH OR WELFARE.
   3.  LIMITATION  OF  LIABILITY.  NOTHING  IN  THIS  SECTION  SHOULD  BE
 CONSTRUED AS LIMITING THE LIABILITY OF ANY LIABLE  PARTY  IDENTIFIED  IN
 SUBDIVISION  ONE OF THIS SECTION AS AGAINST ANY PRIVATE PARTY IN A CIVIL
 ACTION.
   4. NATURAL RESOURCES LIABILITY. A. IN  THE  EVENT  OF  AN  INJURY  TO,
 DESTRUCTION OF, OR LOSS OF NATURAL RESOURCES UNDER PARAGRAPH C OF SUBDI-
 VISION TWO OF THIS SECTION, LIABILITY SHALL BE TO THE STATE OF NEW YORK;
 PROVIDED,  HOWEVER,  THAT NO LIABILITY TO THE STATE OF NEW YORK SHALL BE
 IMPOSED UNDER PARAGRAPH C OF SUBDIVISION TWO OF THIS SECTION, WHERE  THE
 PARTY  SOUGHT TO BE CHARGED HAS DEMONSTRATED THAT THE DAMAGES TO NATURAL
 RESOURCES COMPLAINED OF WERE SPECIFICALLY IDENTIFIED AS AN  IRREVERSIBLE
 OR  IRRETRIEVABLE  COMMITMENT  OF  NATURAL RESOURCES IN AN ENVIRONMENTAL
 IMPACT STATEMENT, OR OTHER COMPARABLE ENVIRONMENTAL  ANALYSIS,  AND  THE
 DECISION  TO  GRANT  A  PERMIT  OR LICENSE AUTHORIZES SUCH COMMITMENT OF
 NATURAL RESOURCES, AND THE FACILITY OR PROJECT WAS  OTHERWISE  OPERATING
 WITHIN THE TERMS OF ITS PERMIT OR LICENSE.
   B.  THE  COMMISSIONER,  OR  ANOTHER  REPRESENTATIVE  AUTHORIZED BY THE
 GOVERNOR OF NEW YORK, SHALL ACT ON BEHALF OF THE PUBLIC  AS  TRUSTEE  OF
 SUCH  NATURAL  RESOURCES  TO RECOVER FOR SUCH DAMAGES. SUMS RECOVERED BY
 THE COMMISSIONER AS TRUSTEE UNDER THIS SUBSECTION SHALL BE  RETAINED  BY
 THE  TRUSTEE,  WITHOUT  FURTHER  APPROPRIATION, FOR USE ONLY TO RESTORE,
 REPLACE, OR ACQUIRE THE EQUIVALENT OF SUCH NATURAL RESOURCES. THE  MEAS-
 URE  OF  DAMAGES  IN  ANY ACTION UNDER PARAGRAPH C OF SUBDIVISION ONE OF
 THIS SECTION SHALL NOT BE LIMITED BY THE  SUMS  WHICH  CAN  BE  USED  TO
 RESTORE OR REPLACE SUCH RESOURCES.
   5.  FINANCIAL  RESPONSIBILITY.  A.  ANY OWNER OR OPERATOR OF A WELL OR
 WELLS MUST, BEFORE COMMENCEMENT OF OPERATIONS, POST A LIABILITY BOND  OR
 HOLD LIABILITY INSURANCE COVERAGE FOR EACH WELL OWNED OR OPERATED.
   B.  THE  LIABILITY  BOND  OR INSURANCE REQUIRED BY PARAGRAPH A OF THIS
 SUBDIVISION SHALL BE IN SUCH FORM AS THE DEPARTMENT BY REGULATION  SHALL
 REQUIRE AND IN SUCH AMOUNT AS THE DEPARTMENT SHALL DEEM TO BE REASONABLY
 SUFFICIENT  TO  CORRECT,  REPAIR  OR  REMEDY  TO THE SATISFACTION OF THE
 DEPARTMENT ANY ENVIRONMENTAL DAMAGE  OR  HAZARDOUS  DISCHARGE  RESULTING
 FROM OIL OR GAS EXPLORATION OR PRODUCTION.  HOWEVER, FOR WELLS LESS THAN
 TWO  THOUSAND  FIVE  HUNDRED  FEET IN DEPTH OR LENGTH, A MINIMUM OF FIVE
 THOUSAND FIVE HUNDRED DOLLARS PER WELL WILL BE REQUIRED TO SATISFY  THIS
 SECTION  AND  FOR  WELLS  BETWEEN TWO THOUSAND FIVE HUNDRED FEET AND SIX
 THOUSAND FEET IN DEPTH OR LENGTH, TEN THOUSAND FIVE HUNDRED DOLLARS  PER
 WELL  WILL BE REQUIRED. WELLS GREATER THAN SIX THOUSAND FEET IN DEPTH OR
 LENGTH AND FOR WHICH HYDRAULIC FRACTURING  FLUID  SHALL  BE  USED,  WILL
 REQUIRE  THAT  THE OPERATOR PROVIDE ADDITIONAL FINANCIAL SECURITY OF TWO
 HUNDRED FIFTY THOUSAND DOLLARS,  PROVIDED  HOWEVER  THE  DEPARTMENT  MAY

 S. 1928                            11

 REQUIRE AN ADDITIONAL BOND OR FINANCIAL SECURITY IN AN AMOUNT SUFFICIENT
 TO  COVER  POTENTIAL  REMEDIATION COSTS ASSOCIATED WITH CONTAMINATION OF
 THE ENVIRONMENT.
   C.  THE  LIABILITY  BOND  OR INSURANCE REQUIRED BY PARAGRAPH A OF THIS
 SUBDIVISION SHALL BE HELD FOR THE DURATION OF OPERATIONS.
   D. AFTER OPERATIONS HAVE CEASED, ANY OWNER OR OPERATOR OF  A  WELL  OR
 WELLS  SHALL  POST A LIABILITY BOND OR HOLD LIABILITY INSURANCE FOR EACH
 WELL OWNED OR OPERATED.
   E. THE LIABILITY BOND OR INSURANCE REQUIRED BY  PARAGRAPH  D  OF  THIS
 SUBDIVISION  SHALL BE IN SUCH FORM AS THE DEPARTMENT BY REGULATION SHALL
 REQUIRE AND IN SUCH AMOUNT AS THE DEPARTMENT SHALL  DEEM  SUFFICIENT  TO
 CORRECT,  REPAIR,  OR  REMEDY  TO THE SATISFACTION OF THE DEPARTMENT ANY
 ENVIRONMENTAL DAMAGE OR HAZARDOUS DISCHARGE RESULTING FROM  MOVEMENT  OF
 ANY HAZARDOUS SUBSTANCE FROM THE PLUGGED OR PERMANENTLY ABANDONED WELL.
   F.  THE  LIABILITY  BOND  OR INSURANCE REQUIRED BY PARAGRAPH D OF THIS
 SUBDIVISION SHALL BE HELD FOR ONE HUNDRED YEARS AFTER THE WELL HAS  BEEN
 PLUGGED OR PERMANENTLY ABANDONED.
   G.  NOTHING IN THIS SECTION SHALL AFFECT THE REQUIREMENTS OF PARAGRAPH
 E OF SUBDIVISION THREE OF SECTION 23-1101 OF THIS ARTICLE.
   6. DEFINITION OF NATURAL RESOURCES. "NATURAL  RESOURCES"  AS  USED  IN
 THIS  SECTION  MEANS  LAND,  FISH,  WILDLIFE,  BIOTA, AIR, WATER, GROUND
 WATER, DRINKING WATER SUPPLIES, AND OTHER SUCH RESOURCES  BELONGING  TO,
 MANAGED  BY,  HELD IN TRUST BY, APPERTAINING TO, OR OTHERWISE CONTROLLED
 BY THE STATE OF NEW YORK.
   § 10. The environmental conservation law is amended by  adding  a  new
 section 23-0505 to read as follows:
 § 23-0505. OIL AND GAS FACILITY LOCATION REQUIREMENTS.
   1.  MINIMUM SETBACKS. NO OIL AND GAS FACILITY, WELL-BORE, PIPELINE, OR
 STORAGE OR DISPOSAL AREA FOR OIL, GAS, OR A HAZARDOUS SUBSTANCE USED  IN
 OIL  OR  GAS OPERATIONS SHALL BE LOCATED WITHIN TWO THOUSAND FEET OF ANY
 SURFACE WATERS, GROUNDWATER WELL, HOME OR PRIVATE RESIDENCE (INCLUDING A
 NURSING HOME), SCHOOL, CHURCH, DAY CARE FACILITY, OR HEALTH CARE FACILI-
 TY.
   2. SUBSURFACE LANDS. FOR THE  PURPOSES  OF  SUBDIVISION  ONE  OF  THIS
 SECTION,  THE  SETBACKS  APPLICABLE  TO  ANY SURFACE WATERS, GROUNDWATER
 WELL, HOME OR PRIVATE RESIDENCE  (INCLUDING  A  NURSING  HOME),  SCHOOL,
 CHURCH,  DAY  CARE FACILITY, OR HEALTH CARE FACILITY SHALL ALSO APPLY TO
 THE LAND DIRECTLY BELOW THOSE AREAS, INCLUDING ANY SUBSURFACE STRATA.
   3. CONTAMINATION PREVENTION. A. SPILLS, WELL  LEAKS,  AND  CONTAMINANT
 FLOW FROM TARGETED FORMATION.
   (1)  THE  WELL PAD OF ANY OIL OR GAS WELL LOCATED WITHIN ONE-HALF MILE
 OF ANY SURFACE WATERS MUST BE SURROUNDED BY A  PROTECTIVE  BERM  WITH  A
 WATER  DETENTION  CAPACITY OF AT LEAST TWENTY-FIVE THOUSAND GALLONS. THE
 DEPARTMENT MAY REQUIRE A PROTECTIVE BERM TO HAVE  A  DETENTION  CAPACITY
 GREATER  THAN  TWENTY-FIVE THOUSAND GALLONS IF THE DEPARTMENT DETERMINES
 IT IS NECESSARY TO PROTECT SURFACE WATERS FROM CONTAMINATION.
   (2) THE DEPARTMENT SHALL  REQUIRE  A  SITE-SPECIFIC  ANALYSIS  OF  THE
 TOPOGRAPHY, GEOLOGY, AND HYDROGEOLOGY OF ALL PROPOSED OIL AND GAS FACIL-
 ITIES  OR  PIPELINES. THIS ANALYSIS SHOULD INCLUDE IDENTIFICATION OF ALL
 POTENTIAL PATHWAYS AND RECEIVING WATERS FOR  SPILLS  FROM  THE  SITE  TO
 REACH SURFACE WATERS.
   (3)  THE  DEPARTMENT  SHALL  REQUIRE  THE  DEVELOPMENT  OF GROUNDWATER
 CONTOUR AND VERTICAL GRADIENT MAPS OF THE GEOLOGICAL FORMATION FROM  THE
 TARGET  FORMATION  TO  THE  GROUND  SURFACE PRIOR TO APPROVAL OF ANY GAS
 DRILLING PERMIT.

 S. 1928                            12

   (4) THE DEPARTMENT SHALL PROMULGATE REGULATIONS IDENTIFYING TOPOGRAPH-
 ICAL AND GEOLOGIC AND HYDROGEOLOGIC CONDITIONS, INCLUDING BUT NOT LIMIT-
 ED TO STEEP SLOPES BETWEEN THE WELL PAD AND SURFACE WATERS; PROXIMITY TO
 IMPAIRED WATERWAYS IDENTIFIED BY THE  STATE  OF  NEW  YORK  PURSUANT  TO
 SECTION  303(D)  OF  THE  FEDERAL CLEAN WATER ACT; CONDITIONS THAT WOULD
 PERMIT SUDDEN SPILLS TO  REACH  SURFACE  WATERS  BEFORE  CONTAINMENT  IS
 POSSIBLE;  OR  ANY  OTHER  CONDITIONS  THAT  WOULD  INCREASE THE RISK OF
 SURFACE OR GROUNDWATER CONTAMINATION OR FURTHER DEGRADATION THAT REQUIRE
 SETBACKS LARGER THAN THOSE SPECIFIED IN SUBDIVISION ONE OF THIS  SECTION
 OR DENIAL OF A WELL DRILLING PERMIT.
   (5)  AS  A CONDITION OF ANY PERMIT GRANTED PURSUANT TO SECTION 23-0501
 OF THIS TITLE FOR ANY WELL SUBJECT TO SETBACK REQUIREMENTS, THE  DEPART-
 MENT SHALL ESTABLISH SETBACKS SUFFICIENT TO PROTECT HUMAN HEALTH AND THE
 WATERS OF THE STATE.
   B.  MONITORING REQUIREMENTS. (1) ALL OIL OR GAS WELLS MUST BE EQUIPPED
 WITH A MONITORING DEVICE OR DEVICES INSTALLED TO DETECT ANY  CONTAMINANT
 MOVEMENT FROM THE OIL OR GAS WELL IN THE DIRECTION OF ANY GROUNDWATER OR
 GROUNDWATER WELL.
   (2)  THE  DEPARTMENT SHALL PROMULGATE REGULATIONS ESTABLISHING A MONI-
 TORING PROGRAM TO DETECT ANY CONTAMINANT MOVEMENT FROM  AN  OIL  OR  GAS
 FACILITY. THE REGULATIONS SHALL PROVIDE, AT A MINIMUM, THAT:
   (I) MONITORING SHALL OCCUR NO LESS OFTEN THAN QUARTERLY;
   (II)  GROUNDWATER  MONITORING  SHALL  COMMENCE AT OR NEAR THE PROPOSED
 WELL SITE AT LEAST THREE HUNDRED SIXTY-FIVE DAYS BEFORE DRILLING  BEGINS
 TO  PROVIDE  A WATER QUALITY BASELINE THAT ACCOUNTS FOR SEASONAL CHANGES
 IN WATER QUALITY;
   (III) MONITORING SHALL CONTINUE FOR THE DURATION OF  OPERATIONS  UNTIL
 FIFTY  YEARS  AFTER  OPERATIONS  HAVE CEASED OR THE OIL AND GAS WELL HAS
 BEEN PLUGGED OR PERMANENTLY ABANDONED;
   (IV) THE MONITORING DEVICE OR DEVICES USED TO DETECT CONTAMINANT MOVE-
 MENT SHALL REFLECT THE BEST TECHNOLOGY AVAILABLE FOR SUCH MONITORING;
   (V) MONITORING SHALL BE CONDUCTED FOR ONE OR MORE ACTUAL  CONSTITUENTS
 OF DRILLING AND FRACTURING FLUIDS USED AT EACH PROXIMATE SITE; AND
   (VI)  SCREEN  LENGTHS,  MONITORING WELL DENSITY AND MONITORED AQUIFERS
 SHALL BE BASED UPON A CONCEPTUAL FLOW MODEL, DEVELOPED ON THE  BASIS  OF
 ALL AVAILABLE OR NEW DATA, AS APPROPRIATE, TO DETECT A LEAK OR MIGRATION
 OF  ANY  CONTAMINATION  SO  AS  TO MAXIMIZE THE POSSIBILITY OF DETECTION
 PRIOR TO CONTAMINATION OF ANY DRINKING WATER SOURCE.
   § 11. The environmental conservation law is amended by  adding  a  new
 section 23-0507 to read as follows:
 § 23-0507. EXCLUSION AREAS.
   1.  THE  DEPARTMENT  SHALL  IDENTIFY  SPECIFIC AREAS WITH DETERMINABLE
 BOUNDARIES IN WHICH ANY OIL AND GAS FACILITIES,  WELL-BORES,  PIPELINES,
 OR STORAGE OR DISPOSAL AREAS FOR OIL, GAS, OR A HAZARDOUS SUBSTANCE USED
 IN OIL OR GAS OPERATIONS WILL BE PROHIBITED. THESE AREAS SHALL INCLUDE:
   A. THE AREA AROUND AND INCLUDING THE NEW YORK CITY WATERSHED;
   B.  THE  AREA AROUND AND INCLUDING ANY WATER SYSTEM THAT HAS RECEIVED,
 AT ANY POINT IN TIME, A  FILTRATION  AVOIDANCE  DETERMINATION  FROM  THE
 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY;
   C. ANY AREA OVERLYING A SOLE SOURCE AQUIFER;
   D.  ANY  OTHER  AREA IDENTIFIED BY THE DEPARTMENT AS NECESSARY FOR THE
 PROTECTION OF DRINKING WATER RESOURCES;
   E. ANY AREA IDENTIFIED AS A  CRITICAL  HABITAT  FOR  A  THREATENED  OR
 ENDANGERED  SPECIES UNDER SECTION FOUR OF THE FEDERAL ENDANGERED SPECIES
 ACT (42 U.S.C. § 1533) OR ANY AREA IDENTIFIED  AS  A  "NATURAL  HERITAGE
 AREA" UNDER SECTION 11-0539 OF THIS CHAPTER;

 S. 1928                            13
 
   F.  ANY  AREA IDENTIFIED BY THE DEPARTMENT AS A BIRD CONSERVATION AREA
 OR ANY OTHER CRITICAL BIRD HABITAT FOR THE PROTECTION  OF  MIGRATORY  OR
 NON-MIGRATORY BIRDS;
   G. ALL FLOODPLAINS; AND,
   H.  ALL  AREAS  WITHIN ANY NEW YORK STATE PARK, FOREST PRESERVE, STATE
 FOREST, WILDLIFE REFUGE, WILDLIFE MANAGEMENT AREA, OR WILDERNESS AREA.
   2. FOR ANY AREAS IDENTIFIED IN PARAGRAPH A OR B OF SUBDIVISION ONE  OF
 THIS SECTION THE DEPARTMENT SHALL IDENTIFY AN ADDITIONAL AREA AROUND THE
 PRIMARY DRINKING WATER RESOURCE IN WHICH OIL AND GAS OPERATIONS SHALL BE
 PROHIBITED IN ORDER TO ENSURE ADEQUATE PROTECTION OF SUCH RESOURCE.
   3. FOR ANY AREAS IDENTIFIED IN PARAGRAPHS A, B, C, OR E OF SUBDIVISION
 ONE  OF  THIS  SECTION  THE DEPARTMENT SHALL ADD AN ADDITIONAL EXCLUSION
 BUFFER OF NO LESS THAN ONE-HALF MILE IN WHICH ANY OIL  AND  GAS  FACILI-
 TIES,  WELL-BORES, PIPELINES, OR STORAGE OR DISPOSAL AREAS FOR OIL, GAS,
 OR A HAZARDOUS SUBSTANCE USED IN OIL OR GAS OPERATIONS WILL BE PROHIBIT-
 ED.
   4. ALL AREAS IDENTIFIED IN SUBDIVISION ONE OF  THIS  SECTION  AND  THE
 EXCLUSION  BUFFER  AREAS  IDENTIFIED  IN SUBDIVISION TWO OF THIS SECTION
 SHALL INCLUDE ALL THE LAND LOCATED DIRECTLY BELOW THOSE AREAS, INCLUDING
 ALL LEVELS OF SUBSURFACE STRATA.
   5. THE DEPARTMENT MAY ALSO IDENTIFY ANY OTHER EXCLUSION AREA  FOR  THE
 PROTECTION  OF  ANY  NATURAL  RESOURCE  AS DEFINED IN SUBDIVISION SIX OF
 SECTION 23-0317 OF THIS ARTICLE OR FOR THE HEALTH,  SAFETY,  OR  GENERAL
 WELFARE OF ANY CITIZEN, RESIDENT, OR VISITOR IN THE STATE OF NEW YORK.
   §  12.  The  environmental conservation law is amended by adding a new
 section 23-0509 to read as follows:
 § 23-0509. PROHIBITION ON WASTE STORAGE PITS OR IMPOUNDMENTS.
   PITS AND OTHER IMPOUNDMENTS, WHETHER OR NOT LINED, SHALL NOT  BE  USED
 FOR ON-SITE OR OFF-SITE COLLECTION OR STORAGE OF ANY OIL OR GAS EXPLORA-
 TION,  STIMULATION,  OR  PRODUCTION WASTES, INCLUDING BUT NOT LIMITED TO
 DRILLING FLUIDS AND CUTTINGS, HYDRAULIC  FRACTURING  FLOWBACK,  PRODUCED
 WATER,  AND RESIDUAL SLUDGES OR BRINES REMAINING AFTER ON-SITE TREATMENT
 OF OIL OR GAS WASTES FOR REUSE OR RECYCLING. ALL OIL OR GAS EXPLORATION,
 STIMULATION, OR PRODUCTION WASTES SHALL  BE  COLLECTED  AND  STORED  AND
 RETRIEVABLE  AT  ALL  TIMES IN CLOSED-LOOP SYSTEMS. THE DEPARTMENT SHALL
 PROMULGATE MINIMUM STANDARDS FOR CLOSED-LOOP SYSTEMS  FOR  OIL  AND  GAS
 WASTE COLLECTION, STORAGE, AND RETRIEVAL.
   §  13.  Section  23-1903  of  the  environmental  conservation law, as
 amended by section 1 of part R1 of chapter 62 of the laws  of  2003,  is
 amended to read as follows:
 § 23-1903. Imposition  of  oil,  gas  and solution mining regulation and
              reclamation fees.
   1. When a permit is granted to a person by the department pursuant  to
 section  23-0305  of  this  article  to  drill  a  well or when a person
 converts a well to one subject to the oil, gas and solution mining  law,
 such person shall pay to the department:
   a.  A one hundred dollar fee to be credited to the oil and gas account
 established under chapter fifty-eight of the laws  of  nineteen  hundred
 eighty-two; and
   b.  A  fee in accordance with the depth AND LENGTH drilled or expected
 to be drilled as set forth below:
      0-  500ft. - [$  190] $ 250
    501- 1000ft. - [$  380] $ 500
   1001- 1500ft. - [$  570] $ 750
   1501- 2000ft. - [$  760] $1000
   2001- 2500ft. - [$  950] $1250

 S. 1928                            14
 
   2501- 3000ft. - [$1,140] $1500
   3001- 3500ft. - [$1,330] $1750
   3501- 4000ft. - [$1,520] $2000
   4001- 4500ft. - [$1,710] $2250
   4501- 5000ft. - [$1,900] $2500
   5001- 5500ft. - [$2,090] $2750
   5501- 6000ft. - [$2,280] $3000
   6001- 6500ft. - [$2,470] $3250
   6501- 7000ft. - [$2,660] $3500
   7001- 7500ft. - [$2,850] $3750
   7501- 8000ft. - [$3,040] $4000
   8001- 8500ft. - [$3,230] $4250
   8501- 9000ft. - [$3,420] $4500
   9001- 9500ft. - [$3,610] $4750
   9501-10,000ft.- [$3,800] $5000
   over 10,000ft.- [$3,800]  $5000  plus [$190] $250 for each incremental
 500 feet of depth OR LENGTH over 10,000 feet.
   A person who has paid the fees described shall not be required to  pay
 any  additional  fee  for a well conversion.  The fee for well deepening
 permits pertaining to wells for which a well drilling permit was  issued
 after  August twenty-fifth, nineteen hundred eighty-one, shall be calcu-
 lated on the basis of the additional depth OR LENGTH drilled.
   In the event the actual depth drilled exceeds the depth expected to be
 drilled, an additional amount shall be paid such that the total fee paid
 shall be in accordance with the schedule set forth in this paragraph.
   2. THE DEPARTMENT SHALL REVIEW THE FEE SCHEDULES  SET  FORTH  IN  THIS
 SECTION  PRIOR  TO  SEPTEMBER  FIRST  OF  EACH YEAR. THE FIGURES WILL BE
 ADJUSTED UP OR DOWN ANNUALLY BY  THE  PREVIOUS  TWELVE  MONTH  INFLATION
 FACTOR.  THE INFLATION FACTOR IS BASED UPON THE UNITED STATES DEPARTMENT
 OF LABOR, BUREAU OF LABOR STATISTICS DATA PUBLISHED IN THE  MONTHLY  CPI
 DETAILED  REPORT.  THE  DATA  WILL  BE TAKEN FROM THE MOST RECENT REPORT
 AVAILABLE ON JULY FIRST OF EACH YEAR AND THE ACTUAL PERCENTAGE USED WILL
 BE THE PAST YEAR PERCENT CHANGE FOR THE U.S. CITY  AVERAGE,  ALL  ITEMS,
 ALL URBAN CONSUMERS.
   3.  Upon  requesting  from  the department any determination under the
 Natural Gas Policy Act, such person shall  pay  a  [fifty]  ONE  HUNDRED
 dollar fee per well for each such determination.
   §  14.  Article 23 of the environmental conservation law is amended by
 adding a new title 29 to read as follows:
                                 TITLE 29
                               CITIZEN SUITS
 SECTION 23-2901. ACTIONS TO ENFORCE LAWS  ON  POLLUTION,  IMPAIRMENT  OR
                    DESTRUCTION  OF  ENVIRONMENT,  OR TO PROTECT ENVIRON-
                    MENT; DISMISSAL OF FRIVOLOUS ACTIONS.
 § 23-2901. ACTIONS  TO  ENFORCE  LAWS  ON   POLLUTION,   IMPAIRMENT   OR
               DESTRUCTION  OF  ENVIRONMENT,  OR  TO PROTECT ENVIRONMENT;
               DISMISSAL OF FRIVOLOUS ACTIONS.
   1. ANY PERSON MAY COMMENCE A CIVIL ACTION  IN  A  COURT  OF  COMPETENT
 JURISDICTION  AGAINST ANY OTHER PERSON ALLEGED TO BE IN VIOLATION OF ANY
 STATUTE, REGULATION OR ORDINANCE WHICH IS DESIGNED TO PREVENT,  MINIMIZE
 OR  CONTROL POLLUTION, IMPAIRMENT OR DESTRUCTION OF THE ENVIRONMENT. THE
 ACTION MAY BE FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF TO COMPEL COMPLI-
 ANCE WITH A STATUTE, REGULATION OR ORDINANCE, OR TO ASSESS CIVIL  PENAL-
 TIES  FOR  THE VIOLATION AS PROVIDED BY LAW. THE ACTION MAY BE COMMENCED
 UPON AN ALLEGATION THAT A PERSON IS IN VIOLATION, EITHER CONTINUOUSLY OR

 S. 1928                            15
 
 INTERMITTENTLY, OF A STATUTE, REGULATION OR ORDINANCE, AND THAT THERE IS
 A LIKELIHOOD THAT THE VIOLATION WILL RECUR IN THE FUTURE.
   2.  EXCEPT  IN THOSE INSTANCES WHERE THE CONDUCT COMPLAINED OF CONSTI-
 TUTES A VIOLATION OF A STATUTE, REGULATION  OR  ORDINANCE  WHICH  ESTAB-
 LISHES A MORE SPECIFIC STANDARD FOR THE CONTROL OF POLLUTION, IMPAIRMENT
 OR  DESTRUCTION  OF  THE  ENVIRONMENT,  ANY  PERSON MAY COMMENCE A CIVIL
 ACTION IN ANY COURT OF COMPETENT JURISDICTION FOR DECLARATORY AND  EQUI-
 TABLE RELIEF AGAINST ANY OTHER PERSON FOR THE PROTECTION OF THE ENVIRON-
 MENT,  OR THE INTEREST OF THE PUBLIC THEREIN, FROM POLLUTION, IMPAIRMENT
 OR DESTRUCTION OCCURRING IN VIOLATION, EITHER CONTINUOUSLY OR  INTERMIT-
 TENTLY, OF THIS ARTICLE.
   3.  THE  COURT  MAY, ON THE MOTION OF ANY PARTY, OR ON ITS OWN MOTION,
 DISMISS ANY ACTION BROUGHT PURSUANT  TO  THIS  ACT  WHICH  ON  ITS  FACE
 APPEARS TO BE PATENTLY FRIVOLOUS, HARASSING OR WHOLLY LACKING IN MERIT.
   §  15.  Article 23 of the environmental conservation law is amended by
 adding a new title 31 to read as follows:
                                 TITLE 31
                         HEALTH IMPACT ASSESSMENT
 SECTION 23-3101. PREPARATION OF HEALTH IMPACT ASSESSMENT.
 § 23-3101. PREPARATION OF HEALTH IMPACT ASSESSMENT.
   1. NO PERMIT SHALL BE ISSUED UNDER SECTION  23-0501  OF  THIS  ARTICLE
 UNTIL  THE  DEPARTMENT OF HEALTH HAS COMPLETED THE HEALTH IMPACT ASSESS-
 MENT DESCRIBED IN SUBDIVISION TWO OF THIS SECTION AND THE DEPARTMENT HAS
 ADOPTED REGULATIONS AND IMPLEMENTED ANY MITIGATION MEASURES  RECOMMENDED
 IN  THE HEALTH IMPACT ASSESSMENT. THE PURPOSE OF A HEALTH IMPACT ASSESS-
 MENT IS TO PROVIDE DETAILED INFORMATION ABOUT THE  EFFECT  OIL  AND  GAS
 OPERATIONS  ARE  LIKELY  TO  HAVE ON PUBLIC HEALTH, TO IDENTIFY MEASURES
 THAT COULD BE IMPLEMENTED TO MINIMIZE ANY ADVERSE EFFECTS OF SUCH  OPER-
 ATIONS,  AND TO SUGGEST ALTERNATIVES TO SUCH AN ACTION SO AS TO FORM THE
 BASIS FOR A DECISION WHETHER OR NOT TO UNDERTAKE OR APPROVE SUCH  ACTIV-
 ITIES.
   2.  THE DEPARTMENT OF HEALTH SHALL PREPARE, OR CAUSE TO BE PREPARED BY
 CONTRACT OR OTHERWISE, A COMPREHENSIVE HEALTH IMPACT ASSESSMENT  OF  OIL
 AND  GAS  OPERATIONS  INVOLVING ANY SHALE FORMATION, INCLUDING ALL OPER-
 ATIONS RELATED AND INCIDENT THERETO, WHICH MAY HAVE AN ADVERSE IMPACT ON
 PUBLIC HEALTH.
   A. SUCH AN ASSESSMENT SHALL INCLUDE A DETAILED STATEMENT SETTING FORTH
 THE FOLLOWING:
   I. A DESCRIPTION OF THE OPERATIONS;
   II. THE PUBLIC HEALTH IMPACT OF THE OPERATIONS,  INCLUDING  SHORT-TERM
 AND LONG-TERM EFFECTS;
   III. WHETHER AN OPERATION OCCURS IN, OR DISPROPORTIONATELY WILL IMPOSE
 NEGATIVE HEALTH IMPACTS UPON A POTENTIAL ENVIRONMENTAL JUSTICE AREA, AND
 IF SO, THE IDENTITY OF SUCH AREA;
   IV. ANY ADVERSE PUBLIC HEALTH EFFECTS THAT CANNOT BE AVOIDED;
   V.  ALTERNATIVES  TO  THE OIL AND GAS OPERATIONS GENERALLY OR ALTERNA-
 TIVES TO ANY ASPECT RELATED  OR  INCIDENT  THERETO  WHICH  MAY  HAVE  AN
 ADVERSE IMPACT ON PUBLIC HEALTH;
   VI. MITIGATION MEASURES PROPOSED TO MINIMIZE THE PUBLIC HEALTH IMPACT;
   VII.  ANY  SUCH OTHER INFORMATION CONSISTENT WITH THE PURPOSES OF THIS
 ARTICLE AS MAY BE PRESCRIBED IN GUIDELINES ISSUED BY THE COMMISSIONER.
   B. THE DEPARTMENT OF HEALTH SHALL FIRST ISSUE A  DRAFT  HEALTH  IMPACT
 ASSESSMENT THAT SATISFIES THE REQUIREMENTS OF PARAGRAPH A OF THIS SUBDI-
 VISION.  THE DRAFT SHOULD RESEMBLE IN FORM AND CONTENT THE HEALTH IMPACT
 ASSESSMENT TO BE PREPARED AFTER COMMENTS HAVE BEEN RECEIVED AND  CONSID-
 ERED.

 S. 1928                            16
 
   3. THE DRAFT ASSESSMENT SHALL BE FILED WITH THE DEPARTMENT.
   A.  THE DEPARTMENT AND THE DEPARTMENT OF HEALTH SHALL SOLICIT COMMENTS
 FROM THE PUBLIC AND FEDERAL, STATE, REGIONAL AND LOCAL  AGENCIES  HAVING
 AN  INTEREST IN THE ASSESSMENT. THE COMMENT PERIOD SHALL LAST NO SHORTER
 THAN NINETY DAYS.
   B. THE DRAFT ASSESSMENT SHALL BE POSTED ON THE DEPARTMENT OF  HEALTH'S
 AND THE DEPARTMENT'S WEBSITES.
   4.  AFTER  THE  FILING  OF A DRAFT HEALTH IMPACT ASSESSMENT EITHER THE
 DEPARTMENT OF HEALTH OR THE DEPARTMENT SHALL DETERMINE WHETHER OR NOT TO
 CONDUCT A PUBLIC HEARING ON THE PUBLIC HEALTH IMPACT OF THE OIL AND  GAS
 OPERATIONS.  IF  EITHER AGENCY DETERMINES TO HOLD SUCH HEARING, IT SHALL
 COMMENCE THE HEARING WITHIN SIXTY DAYS OF THE FILING UNLESS THE PROPOSED
 ACTION IS WITHDRAWN FROM CONSIDERATION.
   5. IF NO HEARING IS HELD, THE AGENCY SHALL PREPARE AND MAKE  AVAILABLE
 THE  FINAL  HEALTH IMPACT ASSESSMENT. THE FINAL ASSESSMENT SHALL INCLUDE
 COPIES OR A SUMMARY OF THE SUBSTANTIVE COMMENTS RECEIVED BY  THE  AGENCY
 PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, AND THE AGENCY RESPONSE TO
 SUCH COMMENTS.
   6.  THE  HEALTH IMPACT ASSESSMENT TOGETHER WITH ALL COMMENTS, SHALL BE
 FILED WITH THE COMMISSIONER, MADE AVAILABLE TO THE PUBLIC, AND POSTED ON
 A PUBLICLY-AVAILABLE INTERNET WEBSITE UPON ISSUANCE.
   7. WHEN AN AGENCY DECIDES TO CARRY OUT OR APPROVE AN ACTION WHICH  HAS
 BEEN  THE  SUBJECT  OF  THIS  HEALTH IMPACT ASSESSMENT, IT SHALL MAKE AN
 EXPLICIT FINDING THAT THE REQUIREMENTS OF THIS SECTION HAVE BEEN MET AND
 THAT TO THE MAXIMUM EXTENT PRACTICABLE, ADVERSE  PUBLIC  HEALTH  IMPACTS
 REVEALED  IN  THE  HEALTH IMPACT ASSESSMENT PROCESS WILL BE MINIMIZED OR
 AVOIDED.
   8. WHERE THE DEPARTMENT OF  HEALTH  CONCLUDES  OR  THE  HEALTH  IMPACT
 ASSESSMENT  INDICATES  THAT  THE  OIL  AND GAS OPERATIONS, OR OPERATIONS
 RELATED OR INCIDENT THERETO, OCCUR IN, OR DISPROPORTIONATELY WILL IMPOSE
 NEGATIVE HEALTH IMPACTS UPON A POTENTIAL ENVIRONMENTAL JUSTICE AREA, THE
 DEPARTMENT OF HEALTH SHALL REQUIRE A SITE SPECIFIC HEALTH IMPACT ASSESS-
 MENT. THAT ASSESSMENT SHALL CONFORM TO THE  REQUIREMENTS  SET  FORTH  IN
 SUBDIVISION TWO OF THIS SECTION, AND THE DEPARTMENT OF HEALTH SHALL MAKE
 REGULATIONS SPECIFYING ADDITIONAL REQUIREMENTS WHICH SHALL APPLY TO SITE
 SPECIFIC ASSESSMENTS. NO PERMIT SHALL BE ISSUED UNDER SECTION 23-0501 OF
 THIS  ARTICLE  IN  ANY  AREA  SUBJECT  TO  A SITE SPECIFIC HEALTH IMPACT
 ASSESSMENT UNTIL THE SITE SPECIFIC HEALTH  IMPACT  ASSESSMENT  HAS  BEEN
 COMPLETED  AND  THE  MITIGATION  MEASURES  SUGGESTED  THEREIN  HAVE BEEN
 ADOPTED. THE DEPARTMENT OF HEALTH MAY REQUIRE  A  SITE  SPECIFIC  HEALTH
 IMPACT ASSESSMENTS IN ANY OTHER CIRCUMSTANCES IT DEEMS ADVISABLE.
   §  16.  Article 23 of the environmental conservation law is amended by
 adding a new title 33 to read as follows:
                                 TITLE 33
                          AIR QUALITY MONITORING
 SECTION 23-3301. AIR QUALITY MONITORING.
 § 23-3301. AIR QUALITY MONITORING.
   WITHIN SIX MONTHS OF THE ENACTMENT  OF  THIS  SECTION  THE  DEPARTMENT
 SHALL:
   1.  PREPARE  A  DRAFT  AIR QUALITY TESTING AND MONITORING PLAN FOR ALL
 AREAS OF CURRENT OR POTENTIAL OIL AND GAS OPERATIONS IN NEW YORK  STATE.
 THE  DRAFT  PLAN  SHALL  BE  SUBJECT TO PUBLIC REVIEW, INCLUDING BUT NOT
 LIMITED TO NOTICE AND A COMMENT PERIOD OF  AT  LEAST  THIRTY  DAYS.  THE
 DRAFT AND FINAL PLAN SHALL INCORPORATE THE FOLLOWING MINIMUM PROVISIONS:
   A.  MANDATORY  BASELINE TESTING OF AIR QUALITY AND AIR POLLUTANT EMIS-
 SIONS THROUGHOUT THE OIL AND GAS DEVELOPMENT REGION OF NEW  YORK  STATE,

 S. 1928                            17
 
 INCLUDING  EMISSIONS  FROM  BOTH MOBILE AND STATIONARY AIR CONTAMINATION
 SOURCES INVOLVED IN OIL AND GAS OPERATIONS, AS  DEFINED  IN  SUBDIVISION
 FIVE OF SECTION 19-0107 OF THIS CHAPTER;
   B. DEPLOYMENT OF A SUFFICIENT NUMBER OF AIR QUALITY MONITORING DEVICES
 WITHIN  THE OIL AND GAS DEVELOPMENT REGION TO ENSURE PROMPT DETECTION OF
 ANY VIOLATIONS OF AIR QUALITY STANDARDS;
   C. DELINEATION OF OIL AND GAS DEVELOPMENT SUBREGIONS WITHIN  NEW  YORK
 STATE, BASED ON THE AIRSHEDS FOR EACH REGULATED POLLUTANT EMITTED BY OIL
 AND  GAS  FACILITIES;  PREPARATION  OF CUMULATIVE IMPACT ANALYSES OF AIR
 EMISSIONS IN EACH SUBREGION, INCLUDING EMISSIONS FROM  ALL  NATURAL  GAS
 COMPRESSOR  STATIONS; AND DEVELOPMENT OF STANDARDS AND REGULATORY PROCE-
 DURES FOR CONTROL OF COMPRESSOR STATION EMISSIONS;
   D. DEVELOPMENT OF PROCEDURES AND A SCHEDULE FOR THE REGULAR MONITORING
 AND REPORTING OF AIR QUALITY AND AIR POLLUTANT DENSITY  WITHIN  EACH  OF
 THE SUBREGIONS;
   E. MANDATORY POSTING OF SUCH REPORTS ON THE DEPARTMENT'S WEBSITE;
   F.  ESTABLISHMENT  OF  PROCEDURES FOR APPROPRIATE RESPONSES, INCLUDING
 EMERGENCY RESPONSES, TO VIOLATIONS OF AIR QUALITY STANDARDS.
   2. IN THE FINAL AIR QUALITY TESTING AND MONITORING PLAN,  THE  DEPART-
 MENT  SHALL  RESPOND TO ALL SUBSTANTIVE COMMENTS TIMELY SUBMITTED ON THE
 DRAFT PLAN.
   3. NO PERMIT SHALL BE ISSUED UNDER SECTION  23-0501  OF  THIS  ARTICLE
 UNTIL  THIRTY  DAYS  AFTER  NOTICE OF THE FINAL PLAN IS PUBLISHED IN THE
 ENVIRONMENTAL NOTICE BULLETIN.
   4. NO PERMIT SHALL BE ISSUED UNDER SECTION 23-0501 OF THIS ARTICLE, IF
 AIR EMISSIONS FROM THE PERMITTED OPERATION WOULD CAUSE OR CONTRIBUTE  TO
 A VIOLATION OF ANY AIR QUALITY STANDARD.
   § 17. Section 27-0903 of the environmental conservation law is amended
 by adding a new subdivision 4 to read as follows:
   4.  UNIFORM TREATMENT OF WASTE. NOTWITHSTANDING ANY OTHER LAW OR REGU-
 LATION TO THE CONTRARY, ALL WASTE RESULTING FROM THE EXPLORATION, DEVEL-
 OPMENT, EXTRACTION OR PRODUCTION OF CRUDE OIL OR NATURAL GAS,  INCLUDING
 BUT NOT LIMITED TO DRILLING FLUIDS AND PRODUCED WATERS, SHALL BE CONSID-
 ERED  HAZARDOUS  WASTE  UNDER  THE  LAW OF THIS STATE AND SUBJECT TO ALL
 PERTINENT GENERATION, TRANSPORTATION, TREATMENT, STORAGE,  AND  DISPOSAL
 LAWS  AND  REGULATIONS,  IF SUCH WASTE MEETS THE DEFINITION OF HAZARDOUS
 WASTE SET FORTH IN SUBDIVISION THREE OF SECTION 27-0901 OF THIS CHAPTER.
 WITHIN SIX MONTHS FROM THE  EFFECTIVE  DATE  OF  THIS  SUBDIVISION,  THE
 DEPARTMENT  SHALL  MAKE  ALL  NECESSARY CHANGES TO BRING ITS REGULATIONS
 INTO COMPLIANCE WITH THIS SECTION.
   § 18.   The opening paragraph of paragraph  f  of  subdivision  1  and
 subdivision  6 of section 15-1503 of the environmental conservation law,
 the opening paragraph of paragraph f of subdivision  1  as  amended  and
 subdivision  6  as added by chapter 401 of the laws of 2011, are amended
 to read as follows:
   a description of the applicant's proposed near  term  and  long  range
 water conservation program that [incorporates] MUST COMPLY WITH environ-
 mentally  sound  and  economically feasible water conservation measures,
 including implementation and enforcement  procedures,  effectiveness  to
 date  and  any  planned modifications for the future. For a public water
 supply system, the water conservation program may include but  need  not
 be limited to:
   6.  A  new  permit  for  a  water withdrawal system and any subsequent
 renewal thereof shall be valid for a period of time not to exceed  [ten]
 FIVE  years  from the date of issuance. A new permit or permit modifica-

 S. 1928                            18
 
 tion must be obtained from the  department  prior  to  any  transfer  or
 change of ownership of a water withdrawal system.
   §  19.  The  environmental conservation law is amended by adding a new
 section 15-1531 to read as follows:
 § 15-1531. REPORTING.
   THE COMMISSIONER SHALL, WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS
 SECTION, AND THEREAFTER AS OFTEN AS THE COMMISSIONER DEEMS  APPROPRIATE,
 REPORT TO THE GOVERNOR AND THE LEGISLATURE ON THE IMPLEMENTATION OF THIS
 TITLE. THE REPORT MAY INCLUDE BUT NEED NOT BE LIMITED TO RECOMMENDATIONS
 FOR  MODIFICATIONS TO THIS TITLE, INCLUDING BUT NOT LIMITED TO MODIFICA-
 TIONS TO THE THRESHOLD VOLUME PROVIDED  IN  THIS  TITLE  FOR  PARTICULAR
 WATER SOURCES, WATERSHEDS, WATER BODIES OR REGIONS, WHERE THE DEPARTMENT
 HAS  DETERMINED  THAT  SUCH  WATER  SOURCES, WATERSHEDS, WATER BODIES OR
 REGIONS ARE IN NEED OF SPECIAL  PROTECTION  BECAUSE  OF  THE  NATURE  OR
 VOLUME  OF  DEMANDS  MADE  UPON  THEM AND A MODIFICATION IS NECESSARY TO
 PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE.
   § 20. Article 15 of the environmental conservation law is  amended  by
 adding a new title 35 to read as follows:
                                  TITLE 35
                            WATER USE STANDARDS
 SECTION 15-3501. WATER USE STANDARDS.
 § 15-3501. WATER USE STANDARDS.
   THE  DEPARTMENT SHALL ADOPT RULES ESTABLISHING WATER USE STANDARDS FOR
 MAINTAINING IN-STREAM FLOWS THAT ARE  PROTECTIVE  OF  AQUATIC  LIFE  AND
 OTHER  USES  AND THAT ESTABLISH CRITERIA FOR DESIGNATING WATERSHEDS MOST
 AT RISK FROM CUMULATIVE WATER USE. STANDARDS ADOPTED UNDER THIS  SECTION
 MUST BE BASED ON THE NATURAL VARIATION OF FLOWS AND WATER LEVELS, ALLOW-
 ING FOR VARIANCES IF USE WILL STILL BE PROTECTIVE OF WATER QUALITY WITH-
 IN THAT CLASSIFICATION.
   §  21.  Article 72 of the environmental conservation law is amended by
 adding a new title 8 to read as follows:
                                  TITLE 8
                     WATER SUPPLY PERMIT PROGRAM FEES
 SECTION 72-0801. DEFINITIONS.
         72-0802. WATER SUPPLY PERMIT PROGRAM FEES.
 § 72-0801. DEFINITIONS.
   WHEN USED IN THIS TITLE:
   1. "AGRICULTURAL PURPOSE" SHALL  MEAN  THE  PRACTICE  OF  FARMING  FOR
 CROPS,  PLANTS, VINES AND TREES; AND THE KEEPING, GRAZING, OR FEEDING OF
 LIVESTOCK FOR SALE OF LIVESTOCK OR LIVESTOCK PRODUCTS.
   2. "PUBLIC WATER SUPPLY PURPOSE" SHALL MEAN  WATER  USE  BY  A  PUBLIC
 WATER SUPPLY SYSTEM.
   3. "WATER SUPPLY PERMIT PROGRAM" MEANS THOSE ACTIVITIES OF THE DEPART-
 MENT  AS  SPECIFIED  IN TITLE FIFTEEN OF ARTICLE FIFTEEN OF THIS CHAPTER
 RELATED TO THE WITHDRAWAL  OF  WATERS  OF  THE  STATE  AND  ANY  RELATED
 ENFORCEMENT ACTIVITIES.
 § 72-0802. WATER SUPPLY PERMIT PROGRAM FEES.
   1.  EXCEPT  AS OTHERWISE PROVIDED IN THIS TITLE, ALL PERSONS, EXCEPT A
 POLITICAL SUBDIVISION OF THE STATE, OR AN  AGENCY,  DEPARTMENT,  BUREAU,
 PUBLIC  AUTHORITY  OF  THE  STATE,  OR PERSONS MAKING WITHDRAWALS FOR AN
 AGRICULTURAL PURPOSE WHO ARE TO OBTAIN A PERMIT PURSUANT  TO  THE  WATER
 SUPPLY PERMIT PROGRAM SHALL SUBMIT ANNUALLY TO THE DEPARTMENT A FEE, FOR
 EACH WATER WITHDRAWAL SYSTEM, IN AN AMOUNT TO BE DETERMINED AS FOLLOWS:
   A. FIFTY DOLLARS FOR A WATER WITHDRAWAL SYSTEM WITH A CAPACITY OF LESS
 THAN ONE MILLION GALLONS PER DAY, USED PRIMARILY FOR PUBLIC WATER SUPPLY
 PURPOSES;

 S. 1928                            19
 
   B.  ONE HUNDRED TWENTY-FIVE DOLLARS FOR A WATER WITHDRAWAL SYSTEM WITH
 A CAPACITY OF BETWEEN ONE MILLION AND NINE MILLION NINE HUNDRED  NINETY-
 NINE  THOUSAND  NINE HUNDRED NINETY-NINE GALLONS PER DAY, USED PRIMARILY
 FOR PUBLIC WATER SUPPLY PURPOSES;
   C.  TWO  HUNDRED  FIFTY  DOLLARS  FOR A WATER WITHDRAWAL SYSTEM WITH A
 CAPACITY OF TEN MILLION GALLONS PER DAY  OR  MORE,  USED  PRIMARILY  FOR
 PUBLIC WATER SUPPLY PURPOSES;
   D.  TWO  HUNDRED  FIFTY  DOLLARS  FOR A WATER WITHDRAWAL SYSTEM WITH A
 CAPACITY OF BETWEEN FIFTY THOUSAND AND NINETY-NINE THOUSAND NINE HUNDRED
 NINETY-NINE GALLONS PER DAY, FOR ANY AND ALL USES WHICH ARE NOT PRIMARI-
 LY FOR AGRICULTURAL OR PUBLIC WATER SUPPLY PURPOSES;
   E. FIVE HUNDRED FIFTY DOLLARS FOR A WATER  WITHDRAWAL  SYSTEM  WITH  A
 CAPACITY  OF  BETWEEN ONE HUNDRED THOUSAND AND ONE HUNDRED THOUSAND NINE
 HUNDRED NINETY-NINE GALLONS PER DAY, FOR ANY AND ALL USES WHICH ARE  NOT
 PRIMARILY FOR AGRICULTURAL OR PUBLIC WATER SUPPLY PURPOSES;
   F.  ONE THOUSAND DOLLARS FOR A WATER WITHDRAWAL SYSTEM WITH A CAPACITY
 OF BETWEEN TWO HUNDRED FIFTY THOUSAND GALLONS AND FOUR  HUNDRED  NINETY-
 NINE  THOUSAND NINE HUNDRED NINETY-NINE GALLONS PER DAY, FOR ANY AND ALL
 USES WHICH ARE NOT PRIMARILY FOR AGRICULTURAL  OR  PUBLIC  WATER  SUPPLY
 PURPOSES;
   G.  TWO  THOUSAND  FIVE  HUNDRED DOLLARS FOR A WATER WITHDRAWAL SYSTEM
 WITH A CAPACITY OF  BETWEEN  FIVE  HUNDRED  THOUSAND  GALLONS  AND  NINE
 HUNDRED  NINETY-NINE  THOUSAND NINE HUNDRED NINETY-NINE GALLONS PER DAY,
 FOR ANY AND ALL USES WHICH ARE NOT PRIMARILY FOR AGRICULTURAL OR  PUBLIC
 WATER SUPPLY PURPOSES;
   H. FIVE THOUSAND DOLLARS FOR A WATER WITHDRAWAL SYSTEM WITH A CAPACITY
 OF  BETWEEN  ONE MILLION AND NINE MILLION NINE HUNDRED NINETY-NINE THOU-
 SAND NINE HUNDRED NINETY-NINE GALLONS PER DAY,  FOR  ANY  AND  ALL  USES
 WHICH  ARE  NOT  PRIMARILY  FOR  AGRICULTURAL  OR  PUBLIC  WATER  SUPPLY
 PURPOSES;
   I. SEVEN THOUSAND FIVE HUNDRED DOLLARS FOR A WATER  WITHDRAWAL  SYSTEM
 WITH  A  CAPACITY  OF  BETWEEN  TEN  MILLION AND FORTY-NINE MILLION NINE
 HUNDRED NINETY-NINE THOUSAND NINE HUNDRED NINETY-NINE GALLONS  PER  DAY,
 FOR  ANY AND ALL USES WHICH ARE NOT PRIMARILY FOR AGRICULTURAL OR PUBLIC
 WATER SUPPLY PURPOSES;
   J. TEN THOUSAND DOLLARS FOR A WATER WITHDRAWAL SYSTEM WITH A  CAPACITY
 OF FIFTY MILLION GALLONS PER DAY OR MORE, FOR ANY AND ALL USES WHICH ARE
 NOT PRIMARILY FOR AGRICULTURAL OR PUBLIC WATER SUPPLY PURPOSES.
   2.  FOR  THE  PURPOSE  OF  DETERMINING THE APPROPRIATE FEE REQUIRED BY
 SUBDIVISION ONE OF THIS SECTION, THE  AMOUNT  OF  RECLAIMED  WASTEWATER,
 WHICH  A  PERSON WITHDRAWS FOR REUSE, SHALL NOT BE INCLUDED IN THE TOTAL
 CAPACITY OF THE WATER WITHDRAWAL.
   3. ALL FEES COLLECTED PURSUANT TO THIS ARTICLE SHALL BE PAID INTO  THE
 ENVIRONMENTAL  CONSERVATION  SPECIAL  REVENUE  FUND TO THE CREDIT OF THE
 ENVIRONMENTAL REGULATORY ACCOUNT.
   § 22. This act shall take effect immediately;  provided  that  section
 twenty  of this act shall take effect upon the completion of rule-making
 required in subdivision  2  of  section  15-1501  of  the  environmental
 conservation law and provided that the commissioner of the department of
 environmental  conservation  shall  notify the legislative bill drafting
 commission upon the occurrence of the enactment of  the  rules  required
 under subdivision 2 of section 15-1501 of the environmental conservation
 law  in  order  that  the commission may maintain an accurate and timely
 effective data base of the official text of the laws of the state of New
 York in furtherance of effectuating the provisions of section 44 of  the
 legislative law and section 70-b of the public officers law.