S T A T E O F N E W Y O R K
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2316
2019-2020 Regular Sessions
I N S E N A T E
January 24, 2019
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Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when
printed to be committed 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
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05554-02-9
S. 2316 2
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
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-
S. 2316 3
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.
