Assembly Bill A1384

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1384
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2019
                                ___________
 
 Introduced  by  M.  of A. QUART, COLTON, ENGLEBRIGHT, LAVINE, O'DONNELL,
   L. ROSENTHAL -- Multi-Sponsored by  --  M.  of  A.  GLICK,  GOTTFRIED,
   RIVERA,  RYAN,  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 TWENTY.
   (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.
              

                                                            LBD01420-01-9

 A. 1384                             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.
   §  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.
   § 3. This act shall take effect immediately.