Amd §23-1101, add §23-1105, En Con L; amd §§80, 83 & 89, Transp Corps L; amd §§70 & 174, Nav L
Prohibits the use of condemnation of lands for the use of corporations to install infrastructure associated with the production of oil and natural gas in the North Atlantic Planning Area and prohibits vessels from using New York waters if associated with the production of oil and natural gas in the North Atlantic Planning Area.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10608
SPONSOR: Englebright (MS) TITLE OF BILL:
An act to amend the environmental conservation law, the transportation
corporations law, and the navigation law, in relation to infrastructure
and vessels associated with the production of oil or natural gas in
federal waters
PURPOSE:
The bill would amend the environmental conservation law (ECL) to prohib-
it state land leasing that would authorize or facilitate the production
of oil or gas from the North Atlantic Planning Area; an area which may
be open to leasing by the federal government in the future. The bill
would also amend the transportation corporations law and the navigation
law to, respectively, prevent the condemnation of state lands and the
shipment of offshore crude through navigable waters of the state.
SUMMARY OF PROVISIONS:
Section 1 would amend subdivision 1 of section 23-1101 of the ECL to
prevent state land leasing for the exploration, development and
production of gas and oil in the marine and coastal district.
Section 2 would add a new ECL section 23-1105 to prohibit any new lease
that authorizes or enables the installation of infrastructure associated
with exploration, development or production of oil or natural gas in
federal waters located in the North Atlantic Planning Area. Section 2
also defines necessary terms and authorizes DEC to promulgate regu-
lations.
Section 3 and 4 would amend sections 83 and 89 of the transportation
corporations law to prohibit pipe line corporations from acquiring title
of state lands by condemnation for the purposes of building infrastruc-
ture associated with production from the North Atlantic Planning Area.
Section 5 would amend section 70 of the navigation law to prohibit
petroleum-bearing vessels carrying crude from the North Atlantic Plan-
ning Area from entering or moving within navigable waters of the state
or any tidewaters bordering on or lying within the boundaries of Nassau
and Suffolk counties.
Section 6 would amend section 174 of the navigation law to add a new
subdivision 12 that would prohibit the issuance or renewal of any
license for any major facility from 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.
Section 7 provides a severability clause.
Section 8 provides that the bill shall take effect immediately.
JUSTIFICATION:
New York State's 1,700 miles of coastline is threatened by the U.S.
Department of the Interior's Bureau of Ocean Energy Management (BOEM)
recent proposal to make nearly the entire Outer Continental Shelf avail-
able for oil and gas exploration and production. Specifically, BOEM's
North Atlantic Planning Area abuts New York State waters and oil and
natural gas exploration and production in these waters represents a
direct threat to New York State's environment and economy.
Oil and natural gas exploration and development would have extensive
long-term negative effects for New York's thriving ocean economy. More
than 320,000 New Yorkers earn $11 billion in ocean economy wages, and
the ocean economy generates more than $23 billion in gross domestic
product. Long Island alone has a booming $5.6 billion tourism economy
and is the heart of New York's thriving $180 million annual fishing
industry.
Oil and natural gas survey work requires deploying large scale seismic
equipment that can have devastating and potentially long-lasting envi-
ronmental impacts on marine resources. Given the magnitude of seismic
survey work for oil and gas and the relatively flat sandy bottom of the
North Atlantic seafloor, the area of impact can be extremely far-reach-
ing. Large scale seismic surveys conducted during exploration are likely
to impact a variety of habitats and multiple species and taxa.
Should there be an actual drilling platform built, the North Atlantic
coastal ecosystem and economy would be under the constant threat of a
devastating oil spill. Oil and other spills can occur due to loss of
wellhead control, production accidents, transportation failures (e.g.,
tankers, other vessels, seafloor and onshore pipelines, and storage
facilities) and low-level spillage from platforms.
Oil and gas development off the coast of New York would be in direct
conflict with the state's nation-leading energy plan, which includes an
ambitious offshore wind master plan, providing the necessary steps to
achieve 2,400 megawatts of offshore wind generation by 2030. Our
offshore wind commitment will result in $6 billion in new investments
and 5,000 new in-state jobs, and it will power nearly 1.2 million house-
holds across the Empire State.
Given the potentially devastating and irreversible impacts to New York's
coastal communities and economy from development of the North Atlantic
Planning Area this proposal will prevent New York state from supporting
any oil and natural gas development in the North Atlantic Planning Area.
By prohibiting the leasing of state lands, disallowing condemnation of
lands by corporations, and prohibiting the transport of oil or natural
gas from the North Atlantic Planning Area this bill would prevent devel-
opment and thereby protect New York State's environment and economy.
PRIOR LEGISLATIVE HISTORY:
This is new legislation.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
The bill would take effect immediately.
