S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4950
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced  by  M. of A. KELLES, COLTON, LAVINE, L. ROSENTHAL, DeSTEFANO
   -- Multi-Sponsored by -- M. of A. GLICK -- 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)  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-FOUR.
   (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.
                                                            LBD09668-01-3
 A. 4950                             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.