|SAME AS||SAME AS S02316|
|COSPNSR||D'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|
|MLTSPNSR||Cook, 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.|
A02572 Floor Votes:
|Barnwell||Y||De La Rosa||Y||Griffin||Y||McDonough||Y||Raia||Y||Steck||Y|
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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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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. LBD05554-02-9A. 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 corporationA. 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 of28 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.