NY State Senate Bill 2017-S8017

Senate Bill S8017

2017-2018 Legislative Session

Relates to prohibiting state authorizations related to certain offshore oil and natural gas production

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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 20, 2018	referred to environmental conservation

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2017-S8017 (ACTIVE) - Details

See Assembly Version of this Bill:: A9819
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §23-1101, add §23-1105, En Con L
Versions Introduced in 2019-2020 Legislative Session:: S84, S2316, A2572

2017-S8017 (ACTIVE) - Summary

Relates to prohibiting state authorizations related to certain offshore oil and natural gas production.

2017-S8017 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8017

SPONSOR: LAVALLE
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting state authorizations related to certain offshore oil and
natural gas production

 
PURPOSE:

To prohibit oil and natural gas drilling in New York's coastal areas.

 
SUMMARY OF PROVISIONS:

This bill would amend environmental conservation law section 23-1101 to
prohibit the leasing of state-owned underwater coastal lands for oil and
natural gas drilling and also add a new section 23-1105 to prevent the
Department of Environmental Conservation and the Office of General
Services from authorizing leases that would result in the increase of
oil or natural gas production from federal waters.

 
JUSTIFICATION:

In a Presidential Executive Order issued on April 28, 2017, President
Trump announced an "America-First Offshore Energy Strategy". The imple-
mentation of this Executive Order included the United States Department
of the Interior's (DOI) January 4, 2018 announcement regarding plans for
the expansion of natural gas and oil drilling, and the release of the
"2019-2024 National Outer Continental Shelf Oil and Gas Leasing Draft
proposed Program", by the Bureau of Ocean Energy Management (BOEM). The
federal proposed offshore drilling expansion includes the potential
lease of acreage in federal offshore areas such as the approximately 270
million acre Atlantic Region. The Atlantic Region, which extends north
to Canada, east to the territorial waters of the Bahamas, and south to
the territorial waters of Cuba, is divided into four planning areas -
North Atlantic (which includes New York), Mid-Atlantic, South Atlantic,
and Straits of Florida. The BOEM proposal includes a total of nine lease
sales in the Outer Continental Shelf (OCS) of the Atlantic Region, with
two potentially taking place in the North Atlantic area that includes
New York.

Drilling off New York's Atlantic Coast has been off limits for decades
and as a result, some of the State's law regulating oil and natural gas
drilling have not kept pace. This legislation would remedy that over-
sight and prohibit the use of the State's underwater lands for drilling.
Such a prohibition is in keeping with New York's coastal management
practices and also protects endangered and threatened species such as
the North Atlantic right whale and the State's recreational and commer-
cial fishing industries.  In addition, this legislation, based in part
on legislation from California, would prohibit DEC and OGS from provid-
ing leases that would result in the increase of oil or natural gas
production from federal waters.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:
None.

 
EFFECTIVE DATE:
Immediately.

2017-S8017 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8017
 
                             I N  S E N A T E
 
                              March 20, 2018
                                ___________
 
 Introduced  by  Sen. LAVALLE -- 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
   prohibiting  state  authorizations related to certain offshore oil and
   natural gas production
 
   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   CERTAIN
              OFFSHORE OIL AND NATURAL GAS PRODUCTION.
   1.  NEITHER  THE  DEPARTMENT  NOR THE OFFICE OF GENERAL SERVICES SHALL
 ENTER INTO ANY NEW LEASE OR OTHER CONVEYANCE, LEASE  RENEWAL,  EXTENSION
 OR MODIFICATION, THAT AUTHORIZES THE EXPLORATION FOR, OR THE DEVELOPMENT
 AND  PRODUCTION  OF, OIL OR NATURAL GAS UPON LANDS OWNED BY THE STATE IN
 THE MARINE AND COASTAL DISTRICT AS DEFINED IN SECTION  13-0103  OF  THIS
 CHAPTER,  THAT  WOULD  RESULT  IN  THE  INCREASE  OF  OIL OR NATURAL GAS
 PRODUCTION FROM FEDERAL WATERS.
   2. THE DEPARTMENT IS AUTHORIZED TO  ESTABLISH  SUCH  RULES  AND  REGU-
 LATIONS AS IT SHALL DEEM NECESSARY TO IMPLEMENT THIS SECTION.
   3.  FOR  THE  PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS HAVE THE
 FOLLOWING MEANINGS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14741-02-8

 S. 8017                             2
 
   A. "DEVELOPMENT" MEANS THOSE ACTIVITIES  TAKING  PLACE  FOLLOWING  THE
 DISCOVERY OF OIL AND NATURAL GAS, INCLUDING GEOPHYSICAL ACTIVITY, DRILL-
 ING,  PLATFORM CONSTRUCTION, PIPELINE CONSTRUCTION, AND OPERATION OF ALL
 ONSHORE SUPPORT FACILITIES THAT ARE PERFORMED FOR THE PURPOSES OF  ULTI-
 MATELY PRODUCING THE RESOURCES DISCOVERED.
   B.  "EXPLORATION"  MEANS  THE PROCESS OF SEARCHING FOR OIL AND NATURAL
 GAS, INCLUDING ANY DRILLING WHETHER ON OR OFF  KNOWN  GEOLOGICAL  STRUC-
 TURES,  INCLUDING  THE DRILLING OF A WELL IN WHICH A DISCOVERY OF OIL OR
 NATURAL GAS IS MADE AND THE DRILLING OF ANY ADDITIONAL DELINEATION  WELL
 AFTER  THE  DISCOVERY  THAT  IS  NEEDED TO DELINEATE ANY RESERVOIR AND A
 LESSEE TO DETERMINE WHETHER TO PROCEED WITH DEVELOPMENT AND PRODUCTION.
   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. "NEW OR ADDITIONAL EXPLORATION, DEVELOPMENT, OR PRODUCTION  OF  OIL
 OR NATURAL GAS" INCLUDES ANY ACTIVITY UNDERTAKEN TO INCREASE THE CAPACI-
 TY OF ANY PIPELINE OR OTHER INFRASTRUCTURE USED TO CONVEY OIL OR NATURAL
 GAS FROM FEDERAL WATERS.
   E.  "PRODUCTION"  MEANS  THOSE  ACTIVITIES  THAT  TAKE PLACE AFTER THE
 SUCCESSFUL COMPLETION OF ANY MEANS FOR THE REMOVAL OF  OIL  AND  NATURAL
 GAS,  INCLUDING THAT REMOVAL, FIELD OPERATIONS, TRANSFER OR RESOURCES TO
 SHORE,  OPERATION,  MONITORING,  MAINTENANCE,  AND  WORKOVER   DRILLING.
 "PRODUCING" MEANS UNDERTAKING THOSE ACTIVITIES.
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  on  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.
   § 4. This act shall take effect immediately.

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