S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1529

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. COLTON, MAISEL, STEVENSON, SCARBOROUGH, ROBERTS,
  WEPRIN, COOK, ROSENTHAL -- Multi-Sponsored by  --  M.  of  A.  GIBSON,
  SCHIMEL  -- read once and referred to the Committee on Economic Devel-
  opment

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:

  Section  1.  The environmental conservation law is amended by adding a
new section 23-0315 to read as follows:
S 23-0315. PRODUCER'S LIABILITY;  FILTRATION  ARBITRATION  DETERMINATION
              WAIVERS.
  1.  A PRODUCER, AS DEFINED IN SECTION 23-0101 OF THIS ARTICLE, GRANTED
A PERMIT PURSUANT TO THE PROVISIONS OF THIS ARTICLE,  FOR  THE  EXPLORA-
TION,  DRILLING  OR  DEVELOPMENT OF WELLS THAT PRODUCE OIL, GAS, SALT OR
HYDROCARBON MIXTURE, SHALL BE HELD  LIABLE  FOR  ACTIONS,  PERFORMED  OR
COMPLETED  WHILE  IN THE PROCESS OF EXPLORATION, DRILLING OR DEVELOPMENT
OF A WELL, THAT DIRECTLY RESULT IN THE FAILURE OF A PUBLIC WATER  SYSTEM
TO MEET ALL OF THE EXISTING FILTRATION AVOIDANCE CRITERIA ESTABLISHED BY
40  C.F.R. S 141.71 AND ANY OTHER FEDERAL OR STATE RULES OR REGULATIONS,
AND FURTHER RESULTS IN THE  FAILURE  OF  SUCH  PUBLIC  WATER  SYSTEM  TO
RECEIVE OR RENEW A FILTRATION AVOIDANCE DETERMINATION WAIVER.
  2.  ANY  PERSON  WHO  VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
LIABLE FOR SUCH CIVIL PENALTIES OR  SANCTIONS  AS  PROVIDED  IN  SECTION
71-1307  OF  THIS CHAPTER, AND FOR ANY ADDITIONAL CIVIL DAMAGES OR FINES
ASSOCIATED TO SUCH VIOLATION.
  3. THE COMMISSIONER SHALL ORDER AN IMMEDIATE  SUSPENSION  OF  EXPLORA-
TION,  DRILLING  OR  DEVELOPMENT OPERATIONS WHENEVER SUCH ACTIONS ARE IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD03382-01-3

A. 1529                             2

VIOLATION OF THIS SECTION. ANY ORDER ISSUED PURSUANT TO THIS SUBDIVISION
SHALL BE REVIEWED UPON APPLICATION OF AN AGGRIEVED PARTY BY MEANS OF  AN
ORDER  TO  SHOW  CAUSE WHICH ORDER SHALL BE ISSUED BY ANY JUSTICE OF THE
SUPREME  COURT  IN  THE JUDICIAL DISTRICT IN WHICH ANY ORDER APPLIES AND
SHALL BE RETURNABLE ON THE THIRD SUCCEEDING BUSINESS DAY  FOLLOWING  THE
ISSUANCE  OF SUCH ORDER.  SERVICE OF SUCH SHOW CAUSE ORDER SHALL BE MADE
UPON THE REGIONAL OFFICE OF THE DEPARTMENT FOR THE REGION IN WHICH  SUCH
ORDER  APPLIES,  AND UPON THE ATTORNEY GENERAL BY DELIVERY OF SUCH ORDER
TO AN ASSISTANT ATTORNEY GENERAL AT AN OFFICE OF THE ATTORNEY GENERAL IN
THE COUNTY IN WHICH VENUE OF THE PROCEEDING IS DESIGNATED, OR  IF  THERE
IS  NO  OFFICE OF THE ATTORNEY GENERAL WITHIN SUCH COUNTY, AT THE OFFICE
OF THE ATTORNEY GENERAL NEAREST SUCH COUNTY. EXCEPT AS HEREINABOVE SPEC-
IFIED, THE PROCEEDING TO REVIEW AN ORDER SHALL BE  GOVERNED  BY  ARTICLE
SEVENTY-EIGHT  OF  THE  CIVIL  PRACTICE LAW AND RULES.   NOTHING IN THIS
SECTION SHALL BE CONSTRUED  TO  RESTRICT  THE  COMMISSIONER'S  ABATEMENT
POWERS AS PROVIDED IN SECTIONS 71-0301 AND 3-0301 OF THIS CHAPTER.
  S  2. The public health law is amended by adding a new section 1170 to
read as follows:
  S 1170. PRODUCER'S  LIABILITY;  FILTRATION  ARBITRATION  DETERMINATION
WAIVERS.  1.  A  PRODUCER, AS DEFINED IN SECTION 23-0101 OF THE ENVIRON-
MENTAL CONSERVATION LAW, GRANTED A PERMIT PURSUANT TO THE PROVISIONS  OF
SUCH CHAPTER, FOR THE EXPLORATION, DRILLING OR DEVELOPMENT OF WELLS THAT
PRODUCE  OIL, GAS, SALT OR HYDROCARBON MIXTURE, SHALL BE HELD LIABLE FOR
ACTIONS, PERFORMED OR COMPLETED WHILE IN  THE  PROCESS  OF  EXPLORATION,
DRILLING  OR  DEVELOPMENT OF A WELL, THAT DIRECTLY RESULT IN THE FAILURE
OF A PUBLIC WATER SYSTEM TO MEET ALL OF THE EXISTING  FILTRATION  AVOID-
ANCE CRITERIA ESTABLISHED BY 40 C.F.R. S 141.71 AND ANY OTHER FEDERAL OR
STATE  RULES  OR REGULATIONS, AND FURTHER RESULTS IN THE FAILURE OF SUCH
PUBLIC WATER SYSTEM TO RECEIVE OR RENEW A FILTRATION AVOIDANCE  DETERMI-
NATION WAIVER.
  2.  ANY  PERSON  WHO  VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
LIABLE FOR SUCH CIVIL PENALTIES OR  SANCTIONS  AS  PROVIDED  IN  SECTION
71-1307  OF  THE  ENVIRONMENTAL CONSERVATION LAW, AND FOR ANY ADDITIONAL
CIVIL DAMAGES OR FINES ASSOCIATED TO SUCH VIOLATION.
  3. THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION SHALL ORDER AN IMME-
DIATE SUSPENSION OF  EXPLORATION,  DRILLING  OR  DEVELOPMENT  OPERATIONS
WHENEVER SUCH ACTIONS ARE IN VIOLATION OF THIS SECTION. ANY ORDER ISSUED
PURSUANT  TO  THIS  SUBDIVISION SHALL BE REVIEWED UPON APPLICATION OF AN
AGGRIEVED PARTY BY MEANS OF AN ORDER TO SHOW CAUSE WHICH ORDER SHALL  BE
ISSUED  BY  ANY JUSTICE OF THE SUPREME COURT IN THE JUDICIAL DISTRICT IN
WHICH ANY ORDER APPLIES AND SHALL BE RETURNABLE ON THE THIRD  SUCCEEDING
BUSINESS  DAY FOLLOWING THE ISSUANCE OF SUCH ORDER. SERVICE OF SUCH SHOW
CAUSE ORDER SHALL BE MADE UPON THE REGIONAL OFFICE OF THE DEPARTMENT  OF
ENVIRONMENTAL  CONSERVATION  FOR THE REGION IN WHICH SUCH ORDER APPLIES,
AND UPON THE ATTORNEY GENERAL BY DELIVERY OF SUCH ORDER TO AN  ASSISTANT
ATTORNEY  GENERAL  AT AN OFFICE OF THE ATTORNEY GENERAL IN THE COUNTY IN
WHICH VENUE OF THE PROCEEDING IS DESIGNATED, OR IF THERE IS NO OFFICE OF
THE ATTORNEY GENERAL WITHIN SUCH COUNTY, AT THE OFFICE OF  THE  ATTORNEY
GENERAL  NEAREST  SUCH  COUNTY.    EXCEPT  AS HEREINABOVE SPECIFIED, THE
PROCEEDING TO REVIEW AN ORDER SHALL BE GOVERNED BY ARTICLE SEVENTY-EIGHT
OF THE CIVIL PRACTICE LAW AND RULES.  NOTHING IN THIS SECTION  SHALL  BE
CONSTRUED  TO  RESTRICT THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION'S
ABATEMENT POWERS AS PROVIDED IN SECTIONS 71-0301 AND 3-0301 OF THE ENVI-
RONMENTAL CONSERVATION LAW.
  S 3. This act shall take effect immediately.