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A02591 Summary:

BILL NOA02591
 
SAME ASNo Same As
 
SPONSORColton (MS)
 
COSPNSRWeprin, Rosenthal L, Cook
 
MLTSPNSRRivera, Walker
 
Add §23-0315, En Con L; add §1170, Pub Health L
 
Assigns liability to a producer for actions leading to a public water system's failure to meet filtration avoidance criteria resulting in the loss of a filtration avoidance criteria waiver.
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A02591 Actions:

BILL NOA02591
 
01/26/2023referred to environmental conservation
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A02591 Memo:

Memo not available
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A02591 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2591
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 26, 2023
                                       ___________
 
        Introduced by M. of A. COLTON, WEPRIN, L. ROSENTHAL, COOK -- Multi-Spon-
          sored  by -- M.  of A. RIVERA, WALKER -- read once and referred to the
          Committee on Environmental Conservation
 
        AN ACT to amend the environmental conservation law and the public health
          law, in relation to assigning liability  to  a  producer  for  actions
          leading  to  a public water system's failure to meet filtration avoid-
          ance criteria
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The environmental conservation law is amended by adding a
     2  new section 23-0315 to read as follows:
     3  § 23-0315. Producer's liability;  filtration  arbitration  determination
     4                waivers.
     5    1.  A producer, as defined in section 23-0101 of this article, granted
     6  a permit pursuant to the provisions of this article,  for  the  explora-
     7  tion,  drilling  or  development of wells that produce oil, gas, salt or
     8  hydrocarbon mixture, shall be held  liable  for  actions,  performed  or
     9  completed  while  in the process of exploration, drilling or development
    10  of a well, that directly result in the failure of a public water  system
    11  to meet all of the existing filtration avoidance criteria established by
    12  40  C.F.R. § 141.71 and any other federal or state rules or regulations,
    13  and further results in the  failure  of  such  public  water  system  to
    14  receive or renew a filtration avoidance determination waiver.
    15    2.  Any  person  who  violates the provisions of this section shall be
    16  liable for such civil penalties or  sanctions  as  provided  in  section
    17  71-1307  of  this chapter, and for any additional civil damages or fines
    18  associated to such violation.
    19    3. The commissioner shall order an immediate  suspension  of  explora-
    20  tion,  drilling  or  development operations whenever such actions are in
    21  violation of this section. Any order issued pursuant to this subdivision
    22  shall be reviewed upon application of an aggrieved party by means of  an
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00452-01-3

        A. 2591                             2
 
     1  order  to  show  cause which order shall be issued by any justice of the
     2  supreme court in the judicial district in which any  order  applies  and
     3  shall  be  returnable on the third succeeding business day following the
     4  issuance  of such order.  Service of such show cause order shall be made
     5  upon the regional office of the department for the region in which  such
     6  order  applies,  and upon the attorney general by delivery of such order
     7  to an assistant attorney general at an office of the attorney general in
     8  the county in which venue of the proceeding is designated, or  if  there
     9  is  no  office of the attorney general within such county, at the office
    10  of the attorney general nearest such county. Except as hereinabove spec-
    11  ified, the proceeding to review an order shall be  governed  by  article
    12  seventy-eight  of  the  civil  practice law and rules.   Nothing in this
    13  section shall be construed  to  restrict  the  commissioner's  abatement
    14  powers as provided in sections 71-0301 and 3-0301 of this chapter.
    15    §  2. The public health law is amended by adding a new section 1170 to
    16  read as follows:
    17    § 1170. Producer's  liability;  filtration  arbitration  determination
    18  waivers.  1.  A  producer, as defined in section 23-0101 of the environ-
    19  mental conservation law, granted a permit pursuant to the provisions  of
    20  such chapter, for the exploration, drilling or development of wells that
    21  produce  oil, gas, salt or hydrocarbon mixture, shall be held liable for
    22  actions, performed or completed while in  the  process  of  exploration,
    23  drilling  or  development of a well, that directly result in the failure
    24  of a public water system to meet all of the existing  filtration  avoid-
    25  ance criteria established by 40 C.F.R. § 141.71 and any other federal or
    26  state  rules  or regulations, and further results in the failure of such
    27  public water system to receive or renew a filtration avoidance  determi-
    28  nation waiver.
    29    2.  Any  person  who  violates the provisions of this section shall be
    30  liable for such civil penalties or  sanctions  as  provided  in  section
    31  71-1307  of  the  environmental conservation law, and for any additional
    32  civil damages or fines associated to such violation.
    33    3. The commissioner of environmental conservation shall order an imme-
    34  diate suspension of  exploration,  drilling  or  development  operations
    35  whenever such actions are in violation of this section. Any order issued
    36  pursuant  to  this  subdivision shall be reviewed upon application of an
    37  aggrieved party by means of an order to show cause which order shall  be
    38  issued  by  any justice of the supreme court in the judicial district in
    39  which any order applies and shall be returnable on the third  succeeding
    40  business  day following the issuance of such order. Service of such show
    41  cause order shall be made upon the regional office of the department  of
    42  environmental  conservation  for the region in which such order applies,
    43  and upon the attorney general by delivery of such order to an  assistant
    44  attorney  general  at an office of the attorney general in the county in
    45  which venue of the proceeding is designated, or if there is no office of
    46  the attorney general within such county, at the office of  the  attorney
    47  general  nearest  such  county.    Except  as hereinabove specified, the
    48  proceeding to review an order shall be governed by article seventy-eight
    49  of the civil practice law and rules.  Nothing in this section  shall  be
    50  construed  to  restrict the commissioner of environmental conservation's
    51  abatement powers as provided in sections 71-0301 and 3-0301 of the envi-
    52  ronmental conservation law.
    53    § 3. This act shall take effect immediately.
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