S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3102
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2017
                                ___________
 
 Introduced  by  M.  of A. COLTON, WEPRIN, 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:
 
   Section 1. The environmental conservation law is amended by  adding  a
 new section 23-0315 to read as follows:
 §  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. § 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
 VIOLATION OF THIS SECTION. ANY ORDER ISSUED PURSUANT TO THIS SUBDIVISION
 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.
              

                                                            LBD00608-01-7

 A. 3102                             2
 
 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.
   §  2. The public health law is amended by adding a new section 1170 to
 read as follows:
   § 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. § 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.
   § 3. This act shall take effect immediately.