Bill Text: NY S00084 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to prohibiting state authorizations related to certain offshore oil and natural gas production.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO ENVIRONMENTAL CONSERVATION [S00084 Detail]

Download: New_York-2019-S00084-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           84
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        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,  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:
     1    Section  1.  Paragraphs a and b of subdivision 1 of section 23-1101 of
     2  the environmental conservation law, as added by chapter 722 of the  laws
     3  of 1977, are amended to read as follows:
     4    a.  The  exploration, development and production of gas in state-owned
     5  lands, except state park lands,  the  marine  and  coastal  district  as
     6  defined  in  section  13-0103  of  this chapter, and the lands under the
     7  waters of Lake Ontario or along its shoreline; and
     8    b. The exploration, development and production of oil  in  state-owned
     9  lands,  except  state  park  lands,  the  marine and coastal district as
    10  defined in section 13-0103 of this chapter,  and  the  lands  under  the
    11  waters of Lake Erie and Lake Ontario or along their shorelines.
    12    §  2.  The  environmental  conservation law is amended by adding a new
    13  section 23-1105 to read as follows:
    14  § 23-1105. Prohibition  on  state  authorizations  related  to   certain
    15               offshore oil and natural gas production.
    16    1.  Neither  the  department  nor the office of general services shall
    17  enter into any new lease or other conveyance, lease  renewal,  extension
    18  or modification, that authorizes the exploration for, or the development
    19  and  production  of, oil or natural gas upon lands owned by the state in
    20  the marine and coastal district as defined in section  13-0103  of  this
    21  chapter,  that  would  result  in  the  increase  of  oil or natural gas
    22  production from federal waters.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05554-01-9
        S. 84                               2
     1    2. The department is authorized to  establish  such  rules  and  regu-
     2  lations as it shall deem necessary to implement this section.
     3    3.  For  the  purposes  of  this section, the following terms have the
     4  following meanings:
     5    a. "Development" means those activities  taking  place  following  the
     6  discovery of oil and natural gas, including geophysical activity, drill-
     7  ing,  platform construction, pipeline construction, and operation of all
     8  onshore support facilities that are performed for the purposes of  ulti-
     9  mately producing the resources discovered.
    10    b.  "Exploration"  means  the process of searching for oil and natural
    11  gas, including any drilling whether on or off  known  geological  struc-
    12  tures,  including  the drilling of a well in which a discovery of oil or
    13  natural gas is made and the drilling of any additional delineation  well
    14  after  the  discovery  that  is  needed to delineate any reservoir and a
    15  lessee to determine whether to proceed with development and production.
    16    c. "Federal waters" means  those  waters  and  submerged  lands  lying
    17  seaward  to  the  state  waters of New York that appertain to the United
    18  States and are subject to federal jurisdiction and control.
    19    d. "New or additional exploration, development, or production  of  oil
    20  or natural gas" includes any activity undertaken to increase the capaci-
    21  ty of any pipeline or other infrastructure used to convey oil or natural
    22  gas from federal waters.
    23    e.  "Production"  means  those  activities  that  take place after the
    24  successful completion of any means for the removal of  oil  and  natural
    25  gas,  including that removal, field operations, transfer or resources to
    26  shore,  operation,  monitoring,  maintenance,  and  workover   drilling.
    27  "Producing" means undertaking those activities.
    28    § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
    29  sion,  section  or  part  of  this act shall be adjudged by any court of
    30  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    31  impair,  on  invalidate  the remainder thereof, but shall be confined in
    32  its operation to the clause, sentence, paragraph,  subdivision,  section
    33  or  part  thereof  directly  involved  in  the controversy in which such
    34  judgement shall have been rendered. It is hereby declared to be  in  the
    35  intent  of the legislature that this act would have been enacted even if
    36  such invalid provisions had not been included herein.
    37    § 4. This act shall take effect immediately.