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

                                  6594

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 27, 2015
                               ___________

Introduced  by M. of A. ENGLEBRIGHT, ROSENTHAL, COLTON, GOTTFRIED, STECK
  -- Multi-Sponsored by -- M. of A. BRENNAN, COOK, GLICK, RIVERA, THIELE
  -- read once and referred to the Committee on Environmental  Conserva-
  tion

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  extraction of oil and gas; and to repeal section 23-0901 of  such  law
  relating  to compulsory integration and utilization in oil and natural
  gas pools and fields

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

  Section  1.  Section 23-0301 of the environmental conservation law, as
amended by chapter 410 of the laws  of  1987,  is  amended  to  read  as
follows:
S 23-0301. Declaration of policy.
  [It] NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, IT is hereby
declared  to  be  in  the  public  interest to regulate the development,
production and utilization of natural resources of oil and gas  in  this
state  in  such a manner as will [prevent waste] PROTECT THE ENVIRONMENT
AND PUBLIC HEALTH OF THE RESIDENTS OF THE STATE, PROVIDE FOR THE  DEVEL-
OPMENT  AND  EXTRACTION  OF  OIL AND GAS IN A SOUND ENVIRONMENTAL MANNER
THAT PREVENTS CONTAMINATION OF LAND AND WATER RESOURCES, AND PROVIDE FOR
THE ENVIRONMENTALLY SOUND MANAGEMENT  AND  DISPOSAL  OF  WASTE  PRODUCTS
RESULTING  FROM THESE EXTRACTION ACTIVITIES; to authorize and to provide
for the operation and development of oil and gas properties  in  such  a
manner that a greater ultimate recovery of oil and gas may be had[, and]
WITHOUT  CREATING  ADDITIONAL  HARM OR CONTAMINATION TO THE ENVIRONMENT,
that the correlative rights of  all  SURFACE  LAND  AND  MINERAL  RIGHTS
owners and the rights of all persons including landowners and the gener-
al public may be fully protected[,]; TO PROVIDE FOR THE FULL INVOLVEMENT
AND  AUTHORITY  OF  LOCAL  GOVERNMENT IN ALL DECISIONS RELATING TO THEIR
POWERS FOR LAND USE PLANNING, ZONING, REAL PROPERTY TAXATION  AND  LOCAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10136-01-5
              

A. 6594                             2

ROADS;  TO EMPOWER THE DEPARTMENT TO RETAIN JURISDICTION ONLY FOR ACTIV-
ITIES DIRECTLY RELATED TO THE ON-SITE DRILLING AND EXTRACTION OF GAS AND
OIL; and to provide in similar fashion for the  underground  storage  of
gas, the solution mining of salt and geothermal, stratigraphic and brine
disposal wells.
  S  2.  Subdivision 2 of section 23-0303 of the environmental conserva-
tion law, as added by chapter 846 of the laws of  1981,  is  amended  to
read as follows:
  2.  The  provisions of this article shall [supersede all local laws or
ordinances relating to the regulation  of  the  oil,  gas  and  solution
mining  industries;  but shall] not supersede local government jurisdic-
tion over LAND USE PLANNING, ZONING, local roads or the rights of  local
governments under the real property tax law.
  S  3.    Section  23-0901  of  the  environmental  conservation law is
REPEALED.
  S 4. This act shall take effect immediately.