Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 18, 2010 |
referred to environmental conservation |
Senate Bill S7861
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S7861 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A8784
- Current Committee:
- Senate Environmental Conservation
- Law Section:
- Environmental Conservation Law
- Laws Affected:
- Amd ยง23-0501, En Con L
- Versions Introduced in 2011-2012 Legislative Session:
-
S3483, A7986
2009-S7861 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7861 TITLE OF BILL : An act to amend the environmental conservation law, in relation to the testing of water when drilling oil and natural gas wells PURPOSE OR GENERAL IDEA OF BILL : This bill will require testing of surrounding groundwater before and after drilling oil or natural gas wells. SUMMARY OF SPECIFIC PROVISIONS : Section one would: * require permit holders to test the quality of ground and surface water sources within a thousand foot radius of the drilling area and on all water wells in the production unit, unless the Department of Environmental Conservation (DEC) determines that an expanded radius is required; * require such testing to occur prior to drilling, following any hydrofacturing, prior to well completion and annually for producing wells; * define "compounds or contaminants of concern" to include at a minimum, the ingredients contained in hydro fracturing fluids and
2009-S7861 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7861 I N S E N A T E May 18, 2010 ___________ Introduced by Sen. OPPENHEIMER -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conser- vation AN ACT to amend the environmental conservation law, in relation to the testing of water when drilling oil and natural gas wells THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 23-0501 of the environmental conservation law is amended by adding five new subdivisions 4, 5, 6, 7 and 8 to read as follows: 4. AFTER RECEIVING A PERMIT PURSUANT TO THIS TITLE AND PRIOR TO COMMENCING ANY DRILLING ON THE SITE, THE PERMIT HOLDER SHALL CAUSE A TEST TO BE PERFORMED ON GROUND AND SURFACE WATER SOURCES WITHIN A ONE THOUSAND FOOT RADIUS OF THE WELLBORE AND ON ALL WATER WELLS IN THE PRODUCTION UNIT UNLESS THE DEPARTMENT DETERMINES THAT CRITERIA, INCLUD- ING, BUT NOT LIMITED TO SITE HYDROLOGY, REQUIRE AN EXPANDED RADIUS. FOR THE PURPOSE OF THIS SECTION "TEST OF GROUND AND SURFACE WATER SOURCES" SHALL MEAN WATER SAMPLING TO DETERMINE FLOW RATE AND TO IDENTIFY COMPOUNDS OR CONTAMINANTS OF CONCERN. COMPOUNDS OR CONTAMINANTS OF CONCERN SHALL INCLUDE INGREDIENTS CONTAINED IN HYDROFRACTURING FLUIDS AND CHEMICAL TREATMENT, AND ANY OTHER CONTAMINANTS IDENTIFIED BY THE DEPARTMENT. IN DEVELOPING THE LIST OF CONTAMINANTS THE DEPARTMENT SHALL CONSULT WITH THE STATE AND COUNTY DEPARTMENTS OF HEALTH. COPIES OF SUCH TESTS SHALL BE PROVIDED TO LANDOWNERS WITHIN THE TESTING RADIUS. THE COST OF SUCH TEST SHALL BE BORNE BY THE PERMIT HOLDER. ANY LANDOWNER, OTHER THAN THE PERMIT HOLDER OR HIS OR HER EMPLOYEES, MAY REFUSE TO HAVE ANY TESTS REQUIRED BY THIS SUBDIVISION PERFORMED ON HIS OR HER LAND. SUCH REFUSAL SHALL BE IN WRITING AND SHALL RELIEVE THE PERMIT HOLDER OF HIS OR HER TESTING OBLIGATION. 5. UPON WELL COMPLETION AND PRIOR TO ANY PRODUCTION AND ALSO AFTER ANY SUBSEQUENT HYDROFRACTURING AND/OR CHEMICAL TREATMENT THE PERMIT HOLDER SHALL CAUSE A TEST TO BE PERFORMED ON GROUND AND SURFACE WATER SOURCES WITHIN A ONE THOUSAND FOOT RADIUS OF THE WELLBORE AND ALL WATER WELLS IN THE PRODUCTION UNIT UNLESS THE DEPARTMENT DETERMINES THAT CRITERIA, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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