Bill Text: NY A02592 | 2013-2014 | General Assembly | Amended

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Bill Title: Requires testing the radon level of gas produced, sold, purchased, acquired, stored or injected and prohibits gas with a radon content greater than 2 pCi/L from entering the distribution system.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced - Dead) 2014-02-20 - print number 2592b [A02592 Detail]

Download: New_York-2013-A02592-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2592--B
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 16, 2013
                                      ___________
       Introduced  by  M.  of A. QUART, COLTON, ENGLEBRIGHT, LAVINE, SEPULVEDA,
         O'DONNELL, SCHIMEL, ROSENTHAL -- Multi-Sponsored by -- M. of A. GLICK,
         GOTTFRIED, RIVERA, THIELE -- read once and referred to  the  Committee
         on  Environmental  Conservation -- committee discharged, bill amended,
         ordered reprinted as amended and  recommitted  to  said  committee  --
         recommitted  to the Committee on Environmental Conservation in accord-
         ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee
       AN ACT to amend the  environmental  conservation  law,  in  relation  to
         requiring  the radon level of gas produced, sold, purchased, acquired,
         stored or injected to be tested  and  to  prohibit  certain  gas  from
         entering the distribution system
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 8  of  section  23-0305  of  the  environmental
    2  conservation  law  is  amended  by  adding  a new paragraph l to read as
    3  follows:
    4    1. (1) REQUIRE GAS PRODUCED,  SOLD,  PURCHASED,  ACQUIRED,  STORED  OR
    5  INJECTED  IN  THE STATE TO BE TESTED TO DETERMINE THE RADON LEVEL IN THE
    6  GAS.
    7    (2) PROHIBIT ANY GAS WITH A RADON LEVEL  GREATER  THAN  2  PCI/L  FROM
    8  ENTERING  THE  GAS  DISTRIBUTION  SYSTEM ON AND AFTER JANUARY FIRST, TWO
    9  THOUSAND FIFTEEN.
   10    (3) REQUIRE ANY COMPANY  PRODUCING,  SELLING,  PURCHASING,  ACQUIRING,
   11  STORING OR INJECTING GAS IN THE STATE TO MONITOR THE RADON LEVEL IN SUCH
   12  GAS  WITHIN  THE STATE IN ACCORDANCE WITH REGULATIONS ESTABLISHED BY THE
   13  DEPARTMENT.
   14    (I) RADON LEVELS SHALL BE MONITORED AT THE  WELLHEAD  IF  THE  GAS  IS
   15  ORIGINATING  WITHIN  THE STATE. IF THE GAS IS NOT ORIGINATING WITHIN THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03120-05-4
       A. 2592--B                          2
    1  STATE, THEN MONITORING SHALL OCCUR AT  THE  FIRST  METERING  STATION  OR
    2  COMPRESSOR STATION WITHIN THE STATE BORDERS.
    3    (II)  MONITORING  SHALL BE CONTINUOUS AND AN AUTOMATIC SHUTDOWN PROCE-
    4  DURE SHALL BE IMPLEMENTED ANY TIME THERE IS MORE THAN 2 PCI/L  OF  RADON
    5  IN  THE GAS. ALL COMPANIES SHALL HAVE A MANUAL BACKUP SHUTDOWN PROCEDURE
    6  IN PLACE IN ADDITION TO AN AUTOMATIC SHUTDOWN PROCEDURE.
    7    (III) ANY COMPANY PRODUCING, SELLING, PURCHASING,  ACQUIRING,  STORING
    8  OR  INJECTING  GAS IN THE STATE SHALL CERTIFY EVERY OTHER WEEK THAT SUCH
    9  COMPANY IS COMPLYING WITH THE REGULATIONS ESTABLISHED BY THE  DEPARTMENT
   10  PURSUANT  TO  THIS  SUBPARAGRAPH AND THAT GAS PRODUCED, SOLD, PURCHASED,
   11  ACQUIRED, STORED OR INJECTED WITHIN THE STATE BY SUCH  COMPANY  HAS  NOT
   12  EXCEEDED THE RADON LIMIT.
   13    (IV)  THE  DEPARTMENT  SHALL AUDIT THE GAS SYSTEMS EVERY SIXTY DAYS TO
   14  ENSURE THAT COMPANIES ARE ACCURATELY MONITORING RADON LEVELS IN GAS  AND
   15  COMPLYING WITH THIS SUBPARAGRAPH.
   16    (4)  ANY COMPANY WHICH PRODUCES, SELLS, PURCHASES, ACQUIRES, STORES OR
   17  INJECTS GAS IN THE STATE WHICH IS IN EXCESS  OF  THE  RADON  LIMITS  SET
   18  FORTH    IN  THIS PARAGRAPH SHALL BE SUBJECT TO A CIVIL PENALTY OF EIGHT
   19  THOUSAND DOLLARS FOR THE FIRST OFFENSE AND AN  ADDITIONAL  ONE  THOUSAND
   20  DOLLARS FOR EACH DAY THE GAS IS IN EXCESS OF SUCH RADON LIMITS. A SECOND
   21  VIOLATION  OF  THIS  PARAGRAPH  SHALL RESULT IN A CIVIL PENALTY OF EIGHT
   22  THOUSAND DOLLARS AND AN ADDITIONAL TWO THOUSAND DOLLARS FOR EACH DAY THE
   23  GAS IS IN EXCESS OF SUCH RADON LIMITS. ANY SUBSEQUENT VIOLATION OF  THIS
   24  PARAGRAPH  SHALL RESULT IN A CIVIL PENALTY OF EIGHT THOUSAND DOLLARS AND
   25  AN ADDITIONAL FIVE  THOUSAND DOLLARS FOR EACH DAY THE GAS IS  IN  EXCESS
   26  OF SUCH RADON LIMITS.
   27    (5)  THIS  PARAGRAPH SHALL NOT APPLY TO LIQUEFIED NATURAL GAS, AS SUCH
   28  GAS IS DEFINED IN SUBDIVISION ONE OF SECTION 23-1705 OF THIS ARTICLE.
   29    S 2. Paragraph h of subdivision 8 of section 23-0305 of  the  environ-
   30  mental  conservation law, as amended by chapter 846 of the laws of 1981,
   31  is amended to read as follows:
   32    h. Require the immediate reporting of any non-routine incident includ-
   33  ing but not limited to casing and drill  pipe  failures,  casing  cement
   34  failures,  fishing  jobs, fires, seepages, EXCESS RADON LEVELS, blowouts
   35  and other incidents during drilling, completion, producing, plugging  or
   36  replugging  operations  that  may  affect the health, safety, welfare or
   37  property of any person. The department may require the operator, or  any
   38  agent  thereof,  to record any data which the department believes may be
   39  of subsequent use for adequate evaluation of a non-routine incident.
   40    S 3. This act shall take effect immediately.