A02572 Summary:

BILL NOA02572
 
SAME ASSAME AS S02316
 
SPONSOREnglebright (MS)
 
COSPNSRD'Urso, Thiele, Otis, Raia, Ortiz, Aubry, Glick, Dinowitz, Braunstein, Galef, Jaffee, Santabarbara, Zebrowski, Lavine, Jean-Pierre, Colton, Cahill, Arroyo, Wright, Gottfried, Simon, Pichardo, Rivera, Mosley, Williams, Rosenthal L, Abinanti, Lifton, Fahy, Weprin, Steck, Hyndman, Seawright, Buchwald, Stern, Carroll, Solages, Hunter, Peoples-Stokes, Epstein, Quart, Lupardo, De La Rosa, Barrett, Rodriguez, Fernandez, Simotas, Griffin, Burke, Magnarelli, Miller MG, Reyes
 
MLTSPNSRCook, Cymbrowitz, DeStefano, Lentol, Romeo
 
Amd 23-1101, add 23-1105, En Con L; amd 80, 83 & 89, Transp Corps L
 
Relates to prohibiting state authorizations related to certain offshore oil and natural gas production.
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A02572 Floor Votes:

DATE:02/04/2019Assembly Vote  YEA/NAY: 121/22
AbbateYCrespoYGanttERLiPetriYPerryYSimonY
AbinantiYCrouchNOGarbarinoYLupardoYPheffer AmatoYSimotasY
ArroyoYCruzYGiglioNOMagnarelliYPichardoYSmithY
AshbyYCusickYGlickYMalliotakisYPretlowYSmullenNO
AubryYCymbrowitzYGoodellNOManktelowNOQuartYSolagesY
BarclayNODavilaYGottfriedYMcDonaldYRaYStecY
BarnwellYDe La RosaYGriffinYMcDonoughYRaiaYSteckY
BarrettYDenDekkerYGuntherYMcMahonYRamosERSternY
BarronYDeStefanoYHawleyNOMikulinYRaynorYStirpeY
BenedettoYDickensYHevesiERMill B YReillyYTagueNO
BichotteYDilanYHunterYMill MGYReyesYTaylorY
BlakeERDinowitzYHyndmanYMill MLYRichardsonYThieleY
BlankenbushNODiPietroNOJacobsonYMontesanoERRiveraYTitusY
BrabenecNOD'UrsoYJaffeeYMorinelloNORodriguezYVanelY
BraunsteinYEichensteinYJean-PierreYMosleyYRomeoYWalczykY
BronsonYEnglebrightYJohnsYNiouYRose D YWalkerER
BuchwaldYEpsteinYJonesYNolanERRose L YWallaceY
BurkeYFahyYJoynerYNorrisNORozicYWalshY
ButtenschonYFallYKimYO'DonnellYRyanYWeinsteinY
ByrneNOFernandezYKolbNOOrtizYSalkaNOWeprinY
ByrnesNOFinchNOLalorNOOtisYSantabarbaraYWilliamsY
CahillYFitzpatrickYLavineYPalmesanoNOSayeghYWoernerY
CarrollYFriendNOLawrenceNOPalumboYSchimmingerYWrightY
ColtonYFrontusYLentolYPaulinYSchmittYZebrowskiY
CookYGalefYLiftonYPeoples-StokesYSeawrightYMr SpkrY

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A02572 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2572
 
SPONSOR: Englebright (MS)
  TITLE OF BILL: An act to amend the environmental conservation law and the transporta- tion corporations law, in relation to prohibiting state authorizations related to certain offshore oil and natural gas production   PURPOSE OR GENERAL IDEA OF BILL: To prohibit oil and natural gas drilling in New York's coastal areas.   SUMMARY OF PROVISIONS: This bill would amend Environmental Conservation Law § 23-1101 to prohibit the leasing of state-owned underwater coastal lands for oil and natural gas drilling and add a new § 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. In addition, the bill would amend the Transportation Corporations Law to restrict the powers of such corporations to develop pipelines associated with the delivery of natural gas or oil from the North Atlantic Planning Area.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): Not applicable.   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 laws 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 providing leases that would result in the increase of oil or natural gas production from federal waters.   PRIOR LEGISLATIVE HISTORY: 2018: A.9819 (similar) (Englebright) - Passed the Assembly.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A02572 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2572
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 23, 2019
                                       ___________
 
        Introduced  by  M. of A. ENGLEBRIGHT, D'URSO, THIELE, OTIS, RAIA, ORTIZ,
          AUBRY,  GLICK,  DINOWITZ,  BRAUNSTEIN,  GALEF,  JAFFEE,  SANTABARBARA,
          ZEBROWSKI,  LAVINE, JEAN-PIERRE, COLTON, CAHILL, ARROYO, WRIGHT, GOTT-
          FRIED,  SIMON,  PICHARDO,  RIVERA,  MOSLEY,  WILLIAMS,   L. ROSENTHAL,
          ABINANTI,  LIFTON,  FAHY, WEPRIN, STECK, HYNDMAN, SEAWRIGHT, BUCHWALD,
          STERN,  CARROLL,  SOLAGES,  HUNTER,  PEOPLES-STOKES,  EPSTEIN,  QUART,
          LUPARDO, DE LA ROSA, BARRETT, RODRIGUEZ -- Multi-Sponsored by -- M. of
          A. COOK, CYMBROWITZ, LENTOL -- read once and referred to the Committee
          on Environmental Conservation
 
        AN  ACT  to amend the environmental conservation law and the transporta-
          tion corporations 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:
 
     1    Section  1.  Paragraphs a and b of subdivision 1 of section 23-1101 of
     2  the environmental conservation law, as added by chapter 722 of the  laws
     3  of 1977, are amended to read as follows:
     4    a.  The  exploration, development and production of gas in state-owned
     5  lands, except state park lands,  the  marine  and  coastal  district  as
     6  defined  in  section  13-0103  of  this chapter, and the lands under the
     7  waters of Lake Ontario or along its shoreline; and
     8    b. The exploration, development and production of oil  in  state-owned
     9  lands,  except  state  park  lands,  the  marine and coastal district as
    10  defined in section 13-0103 of this chapter,  and  the  lands  under  the
    11  waters of Lake Erie and Lake Ontario or along their shorelines.
    12    §  2.  The  environmental  conservation law is amended by adding a new
    13  section 23-1105 to read as follows:
    14  § 23-1105. Prohibition  on  state  authorizations  related  to   certain
    15               offshore oil and natural gas production.
    16    1.  Neither  the  department  nor the office of general services shall
    17  enter into any new lease or other conveyance, lease  renewal,  extension
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05554-02-9

        A. 2572                             2
 
     1  or modification, that authorizes the exploration for, or the development
     2  and  production  of, oil or natural gas upon lands owned by the state in
     3  the marine and coastal district as defined in section  13-0103  of  this
     4  chapter,  that  would  result  in  the  increase  of  oil or natural gas
     5  production from federal waters.
     6    2. The department is authorized to  establish  such  rules  and  regu-
     7  lations as it shall deem necessary to implement this section.
     8    3.  For  the  purposes  of  this section, the following terms have the
     9  following meanings:
    10    a. "Development" means those activities  taking  place  following  the
    11  discovery of oil and natural gas, including geophysical activity, drill-
    12  ing,  platform construction, pipeline construction, and operation of all
    13  onshore support facilities that are performed for the purposes of  ulti-
    14  mately producing the resources discovered.
    15    b.  "Exploration"  means  the process of searching for oil and natural
    16  gas, including any drilling whether on or off  known  geological  struc-
    17  tures,  including  the drilling of a well in which a discovery of oil or
    18  natural gas is made and the drilling of any additional delineation  well
    19  after  the  discovery  that  is  needed to delineate any reservoir and a
    20  lessee to determine whether to proceed with development and production.
    21    c. "Federal waters" means  those  waters  and  submerged  lands  lying
    22  seaward  to  the  state  waters of New York that appertain to the United
    23  States and are subject to federal jurisdiction and control.
    24    d. "New or additional exploration, development, or production  of  oil
    25  or natural gas" includes any activity undertaken to increase the capaci-
    26  ty of any pipeline or other infrastructure used to convey oil or natural
    27  gas from federal waters.
    28    e.  "Production"  means  those  activities  that  take place after the
    29  successful completion of any means for the removal of  oil  and  natural
    30  gas,  including that removal, field operations, transfer or resources to
    31  shore,  operation,  monitoring,  maintenance,  and  workover   drilling.
    32  "Producing" means undertaking those activities.
    33    §  3.  Section 80 of the transportation corporations law is amended to
    34  read as follows:
    35    § 80. [Definition] Definitions.   1. A  pipe  line  corporation  is  a
    36  corporation  organized  to  construct and operate for public use, wholly
    37  within or partly without this state, except in the  city  of  New  York,
    38  lines  of  pipe  for  conveying  or transporting therein petroleum, gas,
    39  liquids or any products or property, or, except in such city,  to  main-
    40  tain  and  operate  for public use for which such purposes lines of pipe
    41  already constructed.
    42    2. For the purposes of this article, the terms "exploration",  "devel-
    43  opment",  "production",  and  "federal  waters"  shall  be defined as in
    44  section 23-1105 of the environmental conservation law.
    45    3. "North Atlantic planning area" means an area of federal  waters  in
    46  the  outer  continental  shelf totaling ninety-two million three hundred
    47  twenty thousand acres adjacent to the coastal waters of Maine, New Hamp-
    48  shire, Massachusetts, Rhode  Island,  Connecticut,  New  York,  and  New
    49  Jersey.
    50    §  4.  Section 83 of the transportation corporations law is amended to
    51  read as follows:
    52    § 83. Condemnation of real  property.  In  case  such  corporation  is
    53  unable  to  agree for the purchase of any real property required for the
    54  purposes of its incorporation, and its route in the county in which such
    55  real property is situated has been finally located, it  shall  have  the
    56  right  to  acquire  title  thereto by condemnation, but such corporation

        A. 2572                             3
 
     1  shall not locate its route or construct any  line  of  pipe  through  or
     2  under  any  building,  dooryard,  lawn, garden or orchard, except by the
     3  consent of the owner thereof in writing duly acknowledged,  nor  through
     4  any cemetery or burial ground, nor within one hundred feet of any build-
     5  ing  except  where such line is authorized by public officers to be laid
     6  across or upon any public highway, and shall not construct any  line  of
     7  pipe that supports facilities or infrastructure associated with explora-
     8  tion, development, or production of oil or natural gas in federal waters
     9  located  in the north Atlantic planning area.  No such corporation shall
    10  lay or construct its line of pipe through or under a street in any city,
    11  unless it shall first obtain the consent of a majority of the owners  of
    12  property  abutting  on that portion of the street in which its pipe line
    13  is to be laid. Such pipe line shall be laid  with  reasonable  care  and
    14  prudence.
    15    §  5. Section 89 of the transportation corporations law, as amended by
    16  chapter 60 of the laws of 1962, is amended to read as follows:
    17    § 89. Over state lands. The commissioner  of  general  services  shall
    18  have  power to grant to any pipe line corporation any lands belonging to
    19  the people of this state which may be required for the purposes  of  its
    20  incorporation  on  such  terms as may be agreed, or such corporation may
    21  acquire title thereto by condemnation, except that  no  corporation  may
    22  condemn  any  lands  for the purposes of the construction of any line of
    23  pipe that supports facilities or infrastructure associated with explora-
    24  tion, development, or production of oil or  natural  gas  in  the  north
    25  Atlantic  planning  area, and further excepting that no pipe line corpo-
    26  ration may condemn any canal lands abandoned pursuant to the  provisions
    27  of  article four of the public lands law[, constituting chapter fifty of
    28  the laws of nineteen hundred nine, as amended,] until  after  they  have
    29  been  sold  and conveyed in the manner provided by the public lands law.
    30  If any lands owned by any county, city  or  town  be  required  by  such
    31  corporation  for such purposes, the county, city or town officers having
    32  charge of such lands may grant them to the corporation  upon  terms  and
    33  compensation agreed upon.
    34    § 6. Severability clause. If any clause, sentence, paragraph, subdivi-
    35  sion,  section  or  part  of  this act shall be adjudged by any court of
    36  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    37  impair,  on  invalidate  the remainder thereof, but shall be confined in
    38  its operation to the clause, sentence, paragraph,  subdivision,  section
    39  or  part  thereof  directly  involved  in  the controversy in which such
    40  judgement shall have been rendered. It is hereby declared to be  in  the
    41  intent  of the legislature that this act would have been enacted even if
    42  such invalid provisions had not been included herein.
    43    § 7. This act shall take effect immediately.
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