S T A T E   O F   N E W   Y O R K
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                                   2572
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2019
                                ___________
 
 Introduced  by  M. of A. ENGLEBRIGHT, D'URSO, THIELE, OTIS, RAIA, ORTIZ,
   AUBRY,  GLICK,  DINOWITZ,  BRAUNSTEIN,  GALEF,  JAFFEE,  SANTABARBARA,
   ZEBROWSKI,  LAVINE, JEAN-PIERRE, COLTON, CAHILL, ARROYO, WRIGHT, GOTT-
   FRIED,  SIMON,  PICHARDO,  RIVERA,  MOSLEY,  WILLIAMS,   L. ROSENTHAL,
   ABINANTI,  LIFTON,  FAHY, WEPRIN, STECK, HYNDMAN, SEAWRIGHT, BUCHWALD,
   STERN,  CARROLL,  SOLAGES,  HUNTER,  PEOPLES-STOKES,  EPSTEIN,  QUART,
   LUPARDO, DE LA ROSA, BARRETT, RODRIGUEZ -- Multi-Sponsored by -- M. of
   A. COOK, CYMBROWITZ, LENTOL -- read once and referred to the Committee
   on Environmental Conservation
 
 AN  ACT  to amend the environmental conservation law and the transporta-
   tion corporations law, in relation to prohibiting state authorizations
   related to certain offshore oil and natural gas production
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs a and b of subdivision 1 of section 23-1101 of
 the environmental conservation law, as added by chapter 722 of the  laws
 of 1977, are amended to read as follows:
   a.  The  exploration, development and production of gas in state-owned
 lands, except state park lands,  THE  MARINE  AND  COASTAL  DISTRICT  AS
 DEFINED  IN  SECTION  13-0103  OF  THIS CHAPTER, and the lands under the
 waters of Lake Ontario or along its shoreline; and
   b. The exploration, development and production of oil  in  state-owned
 lands,  except  state  park  lands,  THE  MARINE AND COASTAL DISTRICT AS
 DEFINED IN SECTION 13-0103 OF THIS CHAPTER,  and  the  lands  under  the
 waters of Lake Erie and Lake Ontario or along their shorelines.
   §  2.  The  environmental  conservation law is amended by adding a new
 section 23-1105 to read as follows:
 § 23-1105. PROHIBITION  ON  STATE  AUTHORIZATIONS  RELATED  TO   CERTAIN
              OFFSHORE OIL AND NATURAL GAS PRODUCTION.
   1.  NEITHER  THE  DEPARTMENT  NOR THE OFFICE OF GENERAL SERVICES SHALL
 ENTER INTO ANY NEW LEASE OR OTHER CONVEYANCE, LEASE  RENEWAL,  EXTENSION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05554-02-9

 A. 2572                             2
 
 OR MODIFICATION, THAT AUTHORIZES THE EXPLORATION FOR, OR THE DEVELOPMENT
 AND  PRODUCTION  OF, OIL OR NATURAL GAS UPON LANDS OWNED BY THE STATE IN
 THE MARINE AND COASTAL DISTRICT AS DEFINED IN SECTION  13-0103  OF  THIS
 CHAPTER,  THAT  WOULD  RESULT  IN  THE  INCREASE  OF  OIL OR NATURAL GAS
 PRODUCTION FROM FEDERAL WATERS.
   2. THE DEPARTMENT IS AUTHORIZED TO  ESTABLISH  SUCH  RULES  AND  REGU-
 LATIONS AS IT SHALL DEEM NECESSARY TO IMPLEMENT THIS SECTION.
   3.  FOR  THE  PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS HAVE THE
 FOLLOWING MEANINGS:
   A. "DEVELOPMENT" MEANS THOSE ACTIVITIES  TAKING  PLACE  FOLLOWING  THE
 DISCOVERY OF OIL AND NATURAL GAS, INCLUDING GEOPHYSICAL ACTIVITY, DRILL-
 ING,  PLATFORM CONSTRUCTION, PIPELINE CONSTRUCTION, AND OPERATION OF ALL
 ONSHORE SUPPORT FACILITIES THAT ARE PERFORMED FOR THE PURPOSES OF  ULTI-
 MATELY PRODUCING THE RESOURCES DISCOVERED.
   B.  "EXPLORATION"  MEANS  THE PROCESS OF SEARCHING FOR OIL AND NATURAL
 GAS, INCLUDING ANY DRILLING WHETHER ON OR OFF  KNOWN  GEOLOGICAL  STRUC-
 TURES,  INCLUDING  THE DRILLING OF A WELL IN WHICH A DISCOVERY OF OIL OR
 NATURAL GAS IS MADE AND THE DRILLING OF ANY ADDITIONAL DELINEATION  WELL
 AFTER  THE  DISCOVERY  THAT  IS  NEEDED TO DELINEATE ANY RESERVOIR AND A
 LESSEE TO DETERMINE WHETHER TO PROCEED WITH DEVELOPMENT AND PRODUCTION.
   C. "FEDERAL WATERS" MEANS  THOSE  WATERS  AND  SUBMERGED  LANDS  LYING
 SEAWARD  TO  THE  STATE  WATERS OF NEW YORK THAT APPERTAIN TO THE UNITED
 STATES AND ARE SUBJECT TO FEDERAL JURISDICTION AND CONTROL.
   D. "NEW OR ADDITIONAL EXPLORATION, DEVELOPMENT, OR PRODUCTION  OF  OIL
 OR NATURAL GAS" INCLUDES ANY ACTIVITY UNDERTAKEN TO INCREASE THE CAPACI-
 TY OF ANY PIPELINE OR OTHER INFRASTRUCTURE USED TO CONVEY OIL OR NATURAL
 GAS FROM FEDERAL WATERS.
   E.  "PRODUCTION"  MEANS  THOSE  ACTIVITIES  THAT  TAKE PLACE AFTER THE
 SUCCESSFUL COMPLETION OF ANY MEANS FOR THE REMOVAL OF  OIL  AND  NATURAL
 GAS,  INCLUDING THAT REMOVAL, FIELD OPERATIONS, TRANSFER OR RESOURCES TO
 SHORE,  OPERATION,  MONITORING,  MAINTENANCE,  AND  WORKOVER   DRILLING.
 "PRODUCING" MEANS UNDERTAKING THOSE ACTIVITIES.
   §  3.  Section 80 of the transportation corporations law is amended to
 read as follows:
   § 80. [Definition] DEFINITIONS.   1. A  pipe  line  corporation  is  a
 corporation  organized  to  construct and operate for public use, wholly
 within or partly without this state, except in the  city  of  New  York,
 lines  of  pipe  for  conveying  or transporting therein petroleum, gas,
 liquids or any products or property, or, except in such city,  to  main-
 tain  and  operate  for public use for which such purposes lines of pipe
 already constructed.
   2. FOR THE PURPOSES OF THIS ARTICLE, THE TERMS "EXPLORATION",  "DEVEL-
 OPMENT",  "PRODUCTION",  AND  "FEDERAL  WATERS"  SHALL  BE DEFINED AS IN
 SECTION 23-1105 OF THE ENVIRONMENTAL CONSERVATION LAW.
   3. "NORTH ATLANTIC PLANNING AREA" MEANS AN AREA OF FEDERAL  WATERS  IN
 THE  OUTER  CONTINENTAL  SHELF TOTALING NINETY-TWO MILLION THREE HUNDRED
 TWENTY THOUSAND ACRES ADJACENT TO THE COASTAL WATERS OF MAINE, NEW HAMP-
 SHIRE, MASSACHUSETTS, RHODE  ISLAND,  CONNECTICUT,  NEW  YORK,  AND  NEW
 JERSEY.
   §  4.  Section 83 of the transportation corporations law is amended to
 read as follows:
   § 83. Condemnation of real  property.  In  case  such  corporation  is
 unable  to  agree for the purchase of any real property required for the
 purposes of its incorporation, and its route in the county in which such
 real property is situated has been finally located, it  shall  have  the
 right  to  acquire  title  thereto by condemnation, but such corporation

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 shall not locate its route or construct any  line  of  pipe  through  or
 under  any  building,  dooryard,  lawn, garden or orchard, except by the
 consent of the owner thereof in writing duly acknowledged,  nor  through
 any cemetery or burial ground, nor within one hundred feet of any build-
 ing  except  where such line is authorized by public officers to be laid
 across or upon any public highway, AND SHALL NOT CONSTRUCT ANY  LINE  OF
 PIPE THAT SUPPORTS FACILITIES OR INFRASTRUCTURE ASSOCIATED WITH EXPLORA-
 TION, DEVELOPMENT, OR PRODUCTION OF OIL OR NATURAL GAS IN FEDERAL WATERS
 LOCATED  IN THE NORTH ATLANTIC PLANNING AREA.  No such corporation shall
 lay or construct its line of pipe through or under a street in any city,
 unless it shall first obtain the consent of a majority of the owners  of
 property  abutting  on that portion of the street in which its pipe line
 is to be laid. Such pipe line shall be laid  with  reasonable  care  and
 prudence.
   §  5. Section 89 of the transportation corporations law, as amended by
 chapter 60 of the laws of 1962, is amended to read as follows:
   § 89. Over state lands. The commissioner  of  general  services  shall
 have  power to grant to any pipe line corporation any lands belonging to
 the people of this state which may be required for the purposes  of  its
 incorporation  on  such  terms as may be agreed, or such corporation may
 acquire title thereto by condemnation, except THAT  NO  CORPORATION  MAY
 CONDEMN  ANY  LANDS  FOR THE PURPOSES OF THE CONSTRUCTION OF ANY LINE OF
 PIPE THAT SUPPORTS FACILITIES OR INFRASTRUCTURE ASSOCIATED WITH EXPLORA-
 TION, DEVELOPMENT, OR PRODUCTION OF OIL OR  NATURAL  GAS  IN  THE  NORTH
 ATLANTIC  PLANNING  AREA, AND FURTHER EXCEPTING that no pipe line corpo-
 ration may condemn any canal lands abandoned pursuant to the  provisions
 of  article four of the public lands law[, constituting chapter fifty of
 the laws of nineteen hundred nine, as amended,] until  after  they  have
 been  sold  and conveyed in the manner provided by the public lands law.
 If any lands owned by any county, city  or  town  be  required  by  such
 corporation  for such purposes, the county, city or town officers having
 charge of such lands may grant them to the corporation  upon  terms  and
 compensation agreed upon.
   § 6. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  on  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or  part  thereof  directly  involved  in  the controversy in which such
 judgement shall have been rendered. It is hereby declared to be  in  the
 intent  of the legislature that this act would have been enacted even if
 such invalid provisions had not been included herein.
   § 7. This act shall take effect immediately.