S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    771
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced by M. of A. CROUCH, FINCH, MONTESANO -- Multi-Sponsored 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.
                                                            LBD04578-01-7
              

 A. 771                              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.
   § 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.