S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5303
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2021
                                ___________
 
 Introduced by M. of A. ANGELINO -- read once and referred to the Commit-
   tee 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.
   D.  REQUIRE THAT ORIFICE METERS AND PIPING BE INSTALLED TO COMPLY WITH
 AMERICAN GAS ASSOCIATION REPORT NO. 3, ORIFICE METERING OF  NATURAL  GAS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09126-01-1

 A. 5303                             2
 
 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.