S T A T E   O F   N E W   Y O R K
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                                  2741

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 17, 2013
                               ___________

Introduced  by  M. of A. CROUCH, MONTESANO, FINCH, CORWIN -- Multi-Spon-
  sored by -- M. of A.  BARCLAY, HAWLEY, OAKS -- read once and  referred
  to the Committee on Environmental Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  requiring the department of environmental conservation  to  promulgate
  rules  and regulations relating to gas flow meters at natural gas well
  sites

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  23-0305 of the environmental conservation law is
amended by adding a new subdivision 15 to read as follows:
  15. WITH RESPECT TO NATURAL  GAS  WELL  SITES,  THE  DEPARTMENT  SHALL
PROMULGATE RULES AND REGULATIONS THAT:
  A.  REQUIRE  THAT ALL GAS WELLS CAPABLE OF PRODUCTION BE EQUIPPED WITH
AN ELECTRONIC FLOW METER ASSEMBLY FOR THE  PURPOSE  OF  MONITORING  SUCH
PRODUCTION,  THE  FLOW  METER  ASSEMBLY  SHALL  CONSIST  OF A METER TUBE
CONTAINING TEST PORTS TO BE UTILIZED  FOR  MEASUREMENT  AND  TESTING  OF
EXTRACTED GAS, SHUTOFF VALVES TO BE UTILIZED FOR THE PURPOSE OF SHUTTING
DOWN  PORTIONS  OF THE SYSTEM, AND A FLOW METERING ASSEMBLY, WHEREIN THE
ORIFICE IS CAPABLE OF BEING REMOVED WITHOUT SHUTTING OFF THE SYSTEM.
  B. SHALL CAUSE TO BE COMPILED A LIST OF THIRD PARTY CONTRACTORS,  FROM
WHICH  THE  GAS  COMPANIES  AND  WELL  OPERATORS  SHALL  SELECT FOR THIS
SERVICE, THAT HAVE BEEN APPROVED BY THE DEPARTMENT TO  PROVIDE  FOR  THE
PURPOSE OF TESTING AND/OR CALIBRATING OF GAS FLOW METER ASSEMBLIES.
  C.  PROVIDE THAT ANY OWNER OR OPERATOR OF A NATURAL GAS WELL SITE MAY,
AT SUCH OWNER'S OR OPERATOR'S OWN COST, ENGAGE THE SERVICES OF  A  THIRD
PARTY CONTRACTOR FROM THE APPROVED LIST COMPILED PURSUANT TO PARAGRAPH B
OF  THIS  SUBDIVISION  FOR THE PURPOSE OF CAUSING AN INDEPENDENT TEST OR
CALIBRATION TO BE CONDUCTED UPON THE GAS FLOW METER OR METERS  CONNECTED
TO THE NATURAL GAS WELL SITE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06278-01-3

              

A. 2741                             2

  D.  REQUIRE THAT ORIFICE METERS AND PIPING BE INSTALLED TO COMPLY WITH
AMERICAN GAS ASSOCIATION REPORT NO. 3, ORIFICE METERING OF  NATURAL  GAS
AND  OTHER  RELATED HYDROCARBON FLUIDS, THIRD EDITION, PART 2 SPECIFICA-
TION AND INSTALLATION REQUIREMENTS. FOR PURPOSES  OF  THIS  SUBDIVISION,
"ORIFICE  METER"  MEANS A FLOW MEASURING DEVICE USED FOR CALCULATING THE
PRESSURE DROP, FLOW RATE AND BEHAVIOR OF  THE  GAS  MOVING  THROUGH  THE
PIPE.
  E.  REQUIRE  THAT TESTING AND CALIBRATION OF AN ORIFICE METER PROVIDED
BY GAS COMPANIES OR WELL OPERATORS SHALL BE CONDUCTED ON A MONTHLY BASIS
DURING THE INITIAL PRODUCTION STAGES AND ON A ROUTINE BASIS  THEREAFTER,
THE  FREQUENCY  OF WHICH SHALL BE DEPENDENT ON THE DEGREE OF WEAR OF THE
ORIFICE AND/OR FLOW CHARACTERISTICS OF THE WELL AND COMPLIANCE WITH  AGA
SPECIFICATIONS.  FOR  PURPOSES  OF  THIS  PARAGRAPH  "INITIAL PRODUCTION
STAGE" SHALL MEAN THE INITIAL THREE YEARS  FOLLOWING  INSTALLATION.  THE
ORIFICE SHALL BE REPLACED IF THE DEGREE OF WEAR OF THE ORIFICE IS GREAT-
ER THAN TWO PERCENT.
  F.  REQUIRE  THAT  COPIES  OF  ALL  REPORTS  AND  RESULTS OF THE TESTS
CONDUCTED PURSUANT TO PARAGRAPH E OF THIS SUBDIVISION SHALL BE  PROVIDED
TO  THE  COMMISSIONER,  THE COMMISSIONER OF AGRICULTURE AND MARKETS, THE
CHIEF INSPECTOR OR DIRECTOR OF THE LOCAL BUREAU OF WEIGHTS AND  MEASURES
REPRESENTING  THE  GEOGRAPHIC AREA IN WHICH SUCH TEST WAS CONDUCTED, AND
THE ROYALTY OWNERS WHO HAVE AN INTEREST IN THE UNIT SERVED BY THE WELL.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of this act on its effective date is authorized to be made on or
before such effective date.